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HomeMy WebLinkAboutA2691 - GOUVIS ENGINEERING OVERFLOW PLAN CHECK SERVICES Gouvis Engineering - Overflow Engrng Plan-; Check Services AGREEMENT i12691 I MO 4334, 4-5-89 CONTRACT AND STATEMENT OF WORK FOR PROVIDING BUILDING INSPECTION DEPARTMENT SERVICES This contract is made by the City of Palm Springs, a municipal Corporation, hereinafter called CITY, and Gouvis Engineering, a California Corporation, hereinafter called ENGINEER. RECITALS WHEREAS, CITY desires to employ the services of a contractor to provide Building Inspection Department services at a cost not exceeding the fees paid by the permit applicants ; and WHEREAS, CITY does not wish to increase staff size where equal or better services can be provided at comparable cost to the CITY by using engineering services provided by the private sector; and WHEREAS, CITY does not wish to risk having to fund deficits incurred in the operation of the Building Inspection Department during low periods of activity in the cyclical construction industry; and WHEREAS, CITY wishes to contract with a firm directed by persons having experience and knowledge in the interpretation and application of complex engineering principles providing for protection of the public; and WHEREAS, ENGINEER'S president is a registered Professional Engineer in the State of California; and WHEREAS, ENGINEER is willing to enter into a contract with the CITY to provide Building Inspection Department structural plan check services to the CITY in accordance with this contract; NOW THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, it is agreed by and between the parties hereto as follows: I. DESIGNATION OF ENGINEER CITY does hereby appoint GOUVIS ENGINEERING to provide professional services for the review of proposed building plans submitted to CITY for conformance to regulations contained in the Palm Springs Building Code as it relates to engineering principles; and to perform all of the above described work in accordance with the terms and conditions hereinafter set forth. II. CONFLICT OF INTEREST The ENGINEER expressly affirms that neither ENGINEER or any of its officers or directors now have or will engage in any activity which might constitute a conflict of interest in discharging the work covered under this agreement. III. WORK TO BE PERFORMED BY ENGINEER AND COMPENSATION A. Plan Review Services Scope of Work 1 . Perform traditional plan review of submitted plans to determine compliance with City adopted Uniform Building Code as amended as it relates to engineering principles. 2. Perform all necessary liaison upon request by the CITY with the applicant's designee, either by telephone, mail or meeting, and perform all necessary rechecks to achieve conformance to the regulations. 3. Perform all necessary liaison with the , Building Official of CITY or his designee, either by mail , telephone or meeting, to insure compliance. 4. Attend meetings related to proposed building projects at the request of the Building Official on CITY premises. B. Compensation For Plan Review Services 1 . Compensation shall be at a rate of sixty dollars per hour for all plan check services. IV. WORK TO BE PERFORMED BY THE CITY A. The CITY shall perform the following work: 1 . Obtain from the applicant, at the time of the project submittal , the necessary items to allow plan checking to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans, construction specifications, structural calculations, the name and address and telephone number of the applicant's designated contact person and similar items that may be unique to a particular project. 2. Collect sufficient plan check fees or deposits from project applicants to ensure the CITY will not suffer a loss if the applicant decides to abandon the permit process after the ENGINEER has completed the initial plan check. V. EXTRA WORK A. The ENGINEER shall not perform extra work without authorization from the Chief Building Official . VI. INDEMNITY CLAUSE The ENGINEER agrees to hold harmless and indemnify the CITY from and against liability arising out of the ENGINEER'S negligent performance or failure to perform the work. . VII. ENGINEER AS INDEPENDENT CONTRACTOR It is understood and agreed that the ENGINEER is, and at all times herein mentioned shall be, an independent contractor, and nothing contained herein shall be construed as making the ENGINEER, or any individual whose compensation for. services is paid for by the ENGINEER, an agent or employer of the CITY, or authorizing the ENGINEER to create or assume any obligation or liability for or on behalf of the CITY. VIII. INSURANCE ENGINEER shall obtain and maintain a policy of general liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount not less than one million dollars ($1 ,000,000) combined single limit. This insurance shall be in force during the life of this agreement and the insurer shall agree to provide the CITY with thirty (30) days Notice of Cancellation or material change in the policy. ENGINEER shall furnish a certificate of said insurance to CITY prior to commencing any work. ENGINEER shall obtain and maintain a policy of Errors and Omissions insurance from an insurance company authorized to be in business in the State of California, in an insurable amount no less than two hundred and fifty thousand dollars ($250,000) combined single limit and in aggregate. This insurance shall be in force during the life of this agreement and the insurer shall agree to provide the CITY with thirty (30) days Notice of Cancellation or material change in the policy. ENGINEER shall furnish a certificate of said insurance to CITY prior to commencing any work. IX. FREEDOM FROM LIABILITY The ENGINEER and ENGINEER'S staff, when performing duties as representative of the CITY, shall have the freedom from liability contained in Section 202, of the 1985 Edition of the Uniform Building Code. X. TIMELINESS OF PAYMENTS TO THE CONTRACTOR The ENGINEER shall submit on the first work day of each month it' s invoice for the work performed during the prior month. Payment of approved items on the invoice shall be mailed to the ENGINEER prior to the twenty-fifth (25th) day of each month the invoice was submitted. Payments not made within the above time frame shall , when paid, be increased one and, one-half percent per month, or portion of a month, for each month the payment was delayed. XI. NON-ASSIGNABILITY This agreement is for the professional services of ENGINEER and is non-assignable without the prior written consent of the CITY. XII. FINAL DECISION AUTHORITY The CITY'S Chief Building Official shall have final decision authority over the results of the plan check by the ENGINEER and all work performed by the ENGINEER shall be to the satisfaction of the Chief Building Official . In instances where the permit applicant takes exception to the ENGINEER'S interpretation of the regulations, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the CITY Attorney and/or the Board of Appeals. XIII. TERMS Either party may terminate this agreement, with or without cause, by providing thirty (30) days written notice to the other party. c' XIV. NOTICES Any notices required pursuant to this agreement shall be served at the following addresses: CITY CONTRACTOR City of Palm Springs Gouvis Engineering 3200 East Tahquitz-McCallum 2150 East Tahquitz-McCallum Palm Springs, CA 92262 Palm Springs, CA 92262 IN WITNESS WHEREOF, the parties hereto have executed this -agreement on the day of u' .c A,,, 1989. CITY OF PAY SPRINGS LY- C11YS ENG][NEERIIG r c . CA.� X rn� � � er�ti. C/ MANAGER ATTEST: APPROVES A TO 0 M: APPR.i.vE1iGBy�1Ew°":9''INC(.'PU,i111 L BNt Wu 4ai0. Sys',� I STATE OF CALIFORNIA � � COUNTY OF '�ti'����i�- -� ss. - On this 6N'+It day of ,AC ti Jm , in the year 19 L, V y before me, the undersigned, a Notary Public in and for said State, personally_appeared ,-personally knosvnto-me 1 � �T )11 (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal Un ACKNOWr EGG MEN r-colpa„I o -WaJ,olls ve,m 222CA X-nev s es Notary Public in and for said Stab. II ©1982WOLCHT5 wC 011-OmA 2) i i_ I I` l i