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HomeMy WebLinkAboutC97-154 Building Inspection ServicesC'9715451v AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES This Agreement Regarding Provision of Professional Services ("Agreement") effective June 1, 1997, is between Building Inspection Services, Inc. ("Contractor") and the County of Eagle, Colorado, by and through its Board of County Commissioners ("County"). A. Integral to the administration of building permits and as a prerequisite to issuance of certificates of occupancy, the Eagle County Building Official is required to inspect for compliance with the approved plans and the Eagle County Building Resolution ("Building Resolution") the construction of certain electrical work in the unincorporated areas in Eagle County. The numbers of outstanding permits and requests for inspections occasionally exceed the ability of the Building Official's staff to timely conduct those reviews. Some electrical work includes features or technologies of a nature for which the Building Official is not staffed to inspect. B. Upon the recommendation of the Building Official, the Board has determined that it is necessary and appropriate for the County to enter into a contract to provide professional assistance to the Building Official by inspecting certain electrical.construction for which a building (electric) permit has been issued (the "Work"). C. Contractor has submitted to Building Official and the Board a proposal for performing the Work and represented that it has the expertise and personnel necessary to properly and timely perform the Work. D. Contractor and County intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the Work and related terms and conditions to govern the relationship between Contractor and County in connection with the Work. Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of the Work: The Work shall be comprised of the following: G:\BOBWIP\FULLER.CON 1 a. As needed and as requested by the Building Official, to inspect electrical construction work for the permittee's conformance with the approved plans for which a building (electric) permit was issued and conformance with the Building Resolution; b. To complete inspection reports of each inspection on forms provided by County and promptly deliver such reports to the Building Official; C. In the event of any administrative questions or court challenge to the determinations made with respect to the inspection, to be available to consult with the Building Official and the County Attorney on request and to be available as a witness at any hearing in any administrative proceeding or court action for the purpose of providing testimony concerning the determinations. All Work shall be performed by a person currently certified by the State of Colorado to perform electrical inspections on residential and commercial construction. All Work shall be subject to the oversight and direction of the Building Official. However, the Work to be done by Contractor is of a technical nature requiring professional judgment, training and experience. Contractor shall perform the Work in a skillful, professional and competent manner and in accordance with the standards of care, skill and diligence applicable to persons certified by the State as electrical inspectors for residential and commercial construction, with respect to similar work. 2. Term of Contract: This Agreement will be for a term beginning on the effective date hereof and continuing through and including December 31, 1997, provided that consultation as described in paragraph l.c. hereof shall also be performed thereafter as requested by County; and provided further that the Term of this Agreement shall be extended for successive one year periods, not to exceed three such extensions, ending on December 31 of the successive calendar years, not to extend beyond December 31, 2000, subject to either party giving notice to the other party not later than 30 days before the expiration of an extended Term of its intention not to extend the Term. Any such extension shall be subject to appropriation therefore by the County in accordance with applicable budget laws. 3. N-oepresentatiori of County's equi,rem_ents: County makes no representation or warranty of the number or nature of building inspections (or portions thereof) it will assign to Contractor, or that it will assign any, nor does it make any representation or warranty about the timing of any assignments that are made. G:\BOBWIP\FULLER.CON 2 4. Contractors Authority: In performing the Work the Contractor is acting as an independent contractor and not as an employee or agent of the County or of the Building Official. The Contractor shall in no event have the authority of the Building Official as set forth in the Building Resolution. Contractor shall not represent itself to third parties as having such authority, and, if it learns or by the exercise of reasonable diligence should have learned that a third party believes Contractor to have any such authority, Contractor shall take reasonable steps to inform such party of this paragraph. 5. Compensation and Payment: County shall pay to Contractor for the performance of the Work as follows: a. $150.00 Minimum Fee per day on which Contractor performs inspections, which fee covers up to three such inspections on that day plus mileage; b. $50.00 Per inspection for each inspection in excess of the three included in the Minimum Fee plus mileage; C. For consulting by the Building Official and Building Department inspectors regarding Contractor's inspections, no charge; d. For appearing at depositions and hearings and consulting with the County Attorney, Contractor shall be paid compensation for time actually spent therefor at the rate of $55 per hour; and e. Mileage will be compensated at $0.30 per mile for the actual mileage from the Contractor's to the inspection site plus the return to the Contractor's office; provided that trips on which more than one inspection is performed mileage compensation will be paid only for the actual mileage and not for a "round trip" to each inspection site. Contractor shall submit a billing to County either with each inspection report or on a monthly basis no later than the 10th day of the month following the month in which the Work billed was done. Such billings shall segregate the charges for work done by assigned inspection. Upon request, Contractor shall provide County with such other supporting information as County may request. County shall pay all properly submitted invoices within 30 days after receipt of each such invoice and any supporting information requested by County. 6••The Work shall be performed in a timely manner measured against the circumstances of a given assignment. Contractor will be available to perform inspections G:\BOBWIP\FULLER.CON 3 every week day (excluding national holidays) during the Term of this Agreement. (If during the Term Contractor plans a vacation or other unavailability to perform, he will give County one month's notice -of the dates of unavailability.) County will give Contractor one working days notice of a required inspection the day before it is required. For information purposes only and without limiting the foregoing, County anticipates requiring Contractor's services during the week of June 23-27, 1997. 7•Coijnty to Provide Building • County will provide Contractor no later than at the time of the first assignment, or earlier if requested by Contractor, one copy of the Building Resolution, excluding copies of uniform building codes adopted by the Building Resolution. Thereafter County will provide Contractor with any amendments to the Building Resolution, excluding amendments to it effected by changes in uniform building codes, when such amendments are adopted. Contractor will be responsible for knowing and applying the current provisions of those uniform building codes. 8.. Personnel: Contractor understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Robert Fuller. No other personnel shall participate in the performance of the Work without the written consent of the Building Official, which consent may be withheld in the sole discretion of the Building Official. In all events, the Work shall be performed by persons currently licensed in the State of Colorado as electrical building inspectors, and shall be performed by or under the oversight and supervision of Robert Fuller. 9. No Assignment: The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in -entering into this Agreement County is relying upon the personal services and reputation of Robert Fuller. Therefore, Contractor may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. 10. Conflicts Of Interest: Neither Contractor nor any of its principals, officers or employees shall, at any time during the Term of this Agreement during which a building inspection has been assigned to Contractor or remains pending, perform design or other consulting work for the inspection applicants -- including for the owners, contractors, architects and engineers of or for G:\BOBWIP\FULLER.CON 4 l the proposed construction -- for any electrical construction which is assigned to Contractor for review. 11. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance: Workers' Compensation Employer's Liability, including occupational disease Comprehensive Automobile Liability, including all owned, non -owned and hired vehicles Comprehensive General Liability, including broad form property damage, and professional liability Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado with a financial rating satisfactory to County. 12. Indemnific tion: Each party hereto shall indemnify the other party for, and hold and defend the other party and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims made by any person in connection with the acts or omissions of, or representations by, the indemnifying party. This indemnification shall not apply to claims by third parties against the indemnified party to the extent that the indemnified party is liable to such third party for such claim without regard to the involvement of the indemnifying party. G:\BOBWIP\FULLER.CON 5 13. Notices: Any notice and all written communications required under this Agreement shall be personally delivered or mailed in the United States mails, first class postage prepaid, to the appropriate party at the following addresses: Contractor: Robert Fuller Building Inspection Services, Inc. P.O. Box 311 Glenwood Springs, CO 81602 County: Mike Wheelersburg Eagle County Building Official P.O. Box 179 500 Broadway Eagle, CO. 81631 a. In the event either party to this Agreement brings suit to enforce or interpret any portion of this Agreement, the party prevailing in such action shall be entitled to recover all costs incurred in such action, including without limitation, reasonable attorney's fees. b. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended except by a written document of equal formality executed by both parties hereto. C. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. [next page is signature page] G:\BOBWIP\FULLER.CON 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OF 6AGCFC °�Z COUNTY OF EAGLE, STATE OF y K COLORADO, By and Through Its ATTEST: * * BOARTI OF COUNTY COMMISSIONERS COLORADO f By: Clerk to theVBoard of hnnette Phi lips Chairmar! County Commissioners BUILDING INSPECTION SERVICES, INC. By: A;� - o � Obert Fuller RRI�- -� (t> f-� T - [print corporate title] \fuller.con A G:\BOBWIP\FULLER.CON 7