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HomeMy WebLinkAbout1998-042 Charles Abbot Associates i Contract No. 98-042 CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between Charles Abbott Associates, Inc., a California Corporation, hereinafter referred to as "Consultant", and the City of Atascadero, hereinafter referred to as "City." The parties hereto, in consideration of the mutual covenants contained herein,hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to perform or provide Building and Safety plan check services including the following plan review: • Complete review of all structural calculations and structural plans to verify they are in compliance with State and local codes. • Review plans for code compliance including all City codes. • Review electrical,plumbing and mechanical plans. • Review plans for compliance with State-mandated energy requirements (T-24 energy requirements). • Review plans for State-mandated accessibility requirements. Plan check reviews shall be completed and returned within nine(9)working days from receipt. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor one hundred percent (100%) of the plan check fee collected by the City until November 1, 1998 or as soon as fees are adjusted to conform to levels established in the Uniform Building Code. This provision shall be amended following the City's adjustment to the fee schedule. If a plan reviewer is requested to be at the City, then additional cost will be charged per hour(minimum four hours)according to the rate schedule in Appendix 3. —1— Y Contractor shall submit monthly invoices detailing each plan check processed The Contractor shall also assist the City in developing a current fee schedule, including adoption of necessary documents. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 NE NIM M AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth m this agreement m an efficient and effective manner. Contractor may represent,perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with CAYs business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2.03 WOREEWS COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to worker's compensation and other employee benefit. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor's employees or agents. 2.04 INDEMNITY a. In the event of any cause of action, demand or other claims(collectively"Claims")against Contractor and/or agents, directors, officers or employees("Contractor's Related Parties") asserting injury to person or property or other damage caused by the negligence or other wrongfulacts or ommissions of Contractor and/or Contractor's Related Parties arising out of or pertaining to this Agreement or the Services, City shall defend, indemnify and hold Contractor and Contractor's Related Parties harmless from any costs, expenses, including reasonable costs of suits and expenses of legal counsel, damages and liabilities (collectively, "Damages")incurred in connection with such Claim. b. In the event that Contractor and the City are both objects of any such Claim, Contractor agrees that the City may employ an single attorney or law firm to defend both parties in connection with such Claim whenever possible. C. With respect to any Claim subject to the provisions of paragraph (a) above, m the event that a final judicial determination is made that Contractor or Contractor's Related Parties is liable, in whole or in part, to the claimant, Contractor shall promptly upon demand by City, reimburse the City for that portion, up to the whole thereof, of defense costs and other amounts spent by the City m mdemmifyng Contractor that is equal to the portion of the total liability attributed by the Court to Contractor or Contractor's Related Parties. —2— 2.05 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Linbihty and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work coverers by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, wheher such operations be by Contractor or by anyone directly or indirectly employ Contractor and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $300,000.00 for injuries, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than$1,000,000.00 on account of any one occurrence; (2) Worker's Compensation insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate the City, its elected or appointed officials, employees,agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. C. PROOF OF INSURANCE. Contractor shall famish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty(3 0)days'prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. —3— IWO, 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty(30)days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default m the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately,by giving written notice of termination to the breaching party. 5.00 MISCELLANEOUS 5.00 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5.01 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 5.02 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 5.03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof,the prevailing parry shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 5.04 TEM FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt —4— payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condition of the party required to perform the act. 5.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Community Development Department B. CHARLES ABBOTT ASSOCIATES 371 Van Ness Way, Suite 200 Torrance, CA 90501 5.06 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5.07 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs,executors,administrators, successors and assigns of the parties hereto,but nothing in this Section shall be construed as a cornsent by City to any assignment of this agreement or any interest in this agreement. 5.08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding,legislation or rule. 5.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5.10 TIME: Time is expressly declared to be of the essence of this agreement. 5.11 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5.12 CONSTRUCTION: The parties agree that each has had an opportunity to have their —5— counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and reference only, and are not intended to be construed to define or limit the provisions to wbich they relate. 5.13 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. CITY OF ATASCADERO CHARLES ABBOTT ASSOCIATES, INC. Wade G.McKinney Charles Abbott City Manager President ATTEST: �N4 V Marcia M.Torgerson City Clerk APPROVED AS TO FORM: &,-a P I Ro Hanley Ci Attorney APPROVED AS TO CONTENT: (:�ZW4'� Paul Saldana Community Development Director -6-