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Home My WebLink AboutRes 00-29 Authorizing a Contract with C and C EngineeringTOWN OF WESTLAKE RESOLUTION NO. 00-29 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH C & C ENGINEERING REGARDING PLAN 11E`i17IEW AND BUILDING INSPECTION SERVICES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN ()F WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, do hereby authorize the Town Manager to enter into a contract, attached as Exhibit A, with C & C Engineering regarding plan review and building inspection services. PASSED AND APPROVED ON THIS 12TH DAY OF JUNE, 2000. Scott Bradle , Mayor ATT EST: tsin; Crosswy, Town cretary Trent O. Petty, Town MlWrager APPROVED AS TO FORM: . STATE OF TEXAS COUNTY OF TARRANT CONSULTANT AGREEMENT This Agreement is made and entered into by and between, Town of Westlake (hereinafter referred to as "Town") and C & C Engineering (hereinafter referred to as "C & C"). In consideration of the mutual promises herein contained the parties hereto agree as follows: RECITALS It is the desire of the Town to engage the services of C & C for the purpose of having plans reviewed and building inspection services performed as an independent contractor. The inspection services shall be completed on all new building construction and shall include the review of plans, performance of on- site inspections, and the issuance of written reports related to each inspection. AGREEMENT This Agreement shall be for an initial period of six (6) months, commencing June 13, 2000 and may be extended for additional one-year periods by mutual agreement of the parties in writing. This agreement may be terminated by either party at any time for any reason effective upon receipt of thirty (30) days written notice to the other party. 2. A. Town agrees to pay C & C in accordance with Table 1 for residential plan reviews and all inspections, not to exceed 10 inspections per residence. Additional inspections as may be required, will be at the rate of $50.00 per inspection, only when approved by the Town of Westlake. Table 1 Residential Valuation C & C Pricing $1.00 - $100,000.00 $768.38 $100,001.00 and up $894.38 B. Town agrees to pay C & C in accordance to Table 2 for any commercial plan reviews and inspections as approved by the Town of Westlake. Table 2 yommerciai Town of Westlake Calculated Value C & C Pricing $1.00 - $50,000.00 $332.56 for the first $25,000.00, plus $8.59 for each additional 1,000 or fraction thereof, to and including $50,000.00 $50,001.00 - $100,000.00 $547.19 for the first $50,001.00 plus $5.95 for each additional 1,000 or fraction thereof, to and including $100,000.00 $100,001.00 - $500,000.00 $844.69 for the first $100,001.00 plus $ 4.76 for each additional 1,000 or fraction thereof, to and including $500,000.00 $500,001.00 - $1,000,000.00 $2,748.69 for the first $500,001.00 plus $4.04 for each additional 1,000 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $4,767.43 for the first $1,000,001.00 plus $2.68 for each additional 1,000 or fraction thereof. 3. C & C 's duties on behalf of the Town under this Agreement shall include the following: • C & C will promptly pick up plans for review after being submitted to the Town, complete the review and return the residential plans within 3 days 1 commercial plans within 5 days. A report will be attached to the plans for the Town and the Applicant. If the plans are not deemed ready for approval the Applicant will be notified by phone and in writing so that all items to be added, subtracted or modified can be adequately addressed. • C & C shall complete all inspection service requests within 24 hours. C & C will fax the Town the completed inspection service reports the following day, unless a major discrepancy is observed, at which time a telephone report will be given to the Town of Westlake immediately following the inspection. A green tag or red tag will be left at each inspection service site for the Applicant. 4. It is expressly understood and agreed that C & C will perform the inspection services hereunder as an independent contractor and not as an officer or employee of the Town; that C & C has the right to control the day to day details of the services performed under this agreement; that the manner and means of the performance of the services by C & C hereunder are within the sole discretion of C & C other than the providing of as end result, which must comply with requirements promulgated by the Town, that the doctrine of respondent superior shall not apply as between the Town and C & C in that nothing herein shall be construed as creating a partnership or joint enterprise between the Town and C & C. C & C will have no authority to bind the Town or otherwise incur liability on behalf of the Towns. Further, the Town will have no obligation to provide insurance or other benefits on behalf of C & C and all taxes due on compensation received by C & C will be the sole responsibility ofC&C. 5. This Agreement contains the entire agreement between the parties hereto with respect to inspection services described here. All prior agreements and understandings are herein superseded. No amendments to this Agreement shall be effective unless in writing and signed by the parties hereto. C. This Agreement shall be construed, defined and interpreted under the laws of the State of Texas. All obligations of the parties created hereunder are perform able in the County of Tarrant in the State of Texas. INDEMNIFICATION C & C AGREES TO INDMNIFY AND HOLD HARMLESS THE TOWN OF WESTLAKE, ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNCECTION WITH THE PERFORMANCE OF THE CONDITIONS AND REQUIRMENTS OF THIS AGREEMENT SUCH INDEMNIFICATION SHALL NOT APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSE OF ACTION, SUITS OR LIABILITY ARISE SOLELY FROM THE NEGLIGENCE OR WILFUL ACT(S) OF THE TOWN. EXECUTED THIS 13th DAY OF June Town of Westl* Trent Petty Town Manager CQWIII VdLI m1pt--I, r.F-. President XAS, STATE OF TEXAS COUNTY OF TARRANT CONSULTANT AGREEMENT AMENDMENT NO. 1 This Agreement is made and entered into by and between, Town of Westlake (hereinafter referred to as "Town") and C & C Engineering (hereinafter referred to as "C & C"). In consideration of the mutual promises herein contained the parties hereto agree as follows: AGREEMENT AMENDMENT NO.1 1. The Town agrees to pay C & C for inspection services on residential construction starts, which were in progress prior to the Agreement of June 13, 2000, in accordance to Table "K. Table A Residential ValuationC & C Pricing $100,001.00 and up:�$700.00 2. By Permit Number, these include eleven (11) Starts, Permit Number: 248, 249, 250, 251, 252, 258, 259, 260, 261, 262 and 267. 3. All other terms and conditions of the original agreement of June 13, 2000, between the Town and C & C, here by remain in effect. EXECUTED THIS DAY OF TEXAS, Town of Westlak Trent Petty Town Manager Edwin Van Riper, P.E. President INTY, Rts Do - 19 This Agreement is made and entered into by and between, Town of Westlake (hereinafter referred to- as "Town") and C & C Engineering (hereinafter referred to as "C & C"). In consideration of the mutual promises herein contained the parties hereto agree as follows: = - W - = F.Alkyj I NO I W Gy I OLIN WO 1. The Town and C& C in accordance with the previous agreement of June 13, 2000 and Amendment No. I, hereby, agree to extend the a 11 period of this agreement to the date 2. All other terms and conditions of the original agreement of June 13, 2000, between the Town and C & C, here by remain in effect. EXECUTED THIS DAY OF 2001 IN TARRANT COUNTY, TEXAS, ----> Town of Westlake Trent Petty Town Manager V& C Engineering Edwin Van Riper, P.E. President