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Home My WebLink AboutRes 02-10 Approving an Amended Contract with C and C EngineeringTOWN OF WESTLAKE RESOLUTION NO. 02-10 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN AMENDED CONTRACT WITH C&C ENGINEERING TO INCLUDE MECHANICAL, ELECTRICAL, PLUMBING AND COMMERCIAL INSPECTIONS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby approve an amended contract with C&C Engineering to include mechanical, electrical, plumbing and commercial inspections, in the form attached here as Exhibit A. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 11TH DAY OF MARCH, 2002. ATTEST: Scott Bradley, Mayor Gingen rosswy, Town Secretary Trent O. Petty, Town Ma ager APPROVED AS TO FORM: t f L. 2jnjw1^LowZ o Attorney 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 1. This Agreement has previously been extended to run until June 30, 2002 and may be extended for additional one-year periods by mutual agreement of the parties in writing. Either party may terminate this agreement at any time for any reason effective upon receipt of thirty (30) days written notice to the other party. Upon approval of this Agreement it will be extended to run until .tune 30, 2003. 2. The Town agrees to pay C&C in accordance with Table 1 for residential plan reviews and all inspection, 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. Table 1 Residential Inspection and Plan Review Fees Valuation C&C Pricing $1.00 - $100,000.00 $768.38 $100,001.00 and up $894.38 3. Town agrees to pay C&C in accordance to Table 2 for any commercial plan reviews and inspections, including plumbing, mechanical and electrical, as approved by the Town. Table 2 Commercial Inspection and Plan Review Fees Project Valuation C&C Inspections Only' Add Plan Reviews <$1,000,000.00 $310.00 $90.00 $1,000,001.00 - $10,000,000.00 6.25% of Permit Fee 2% of Permit Fee $10,000,001.00 - $20,000,000.00 5.75% of Permit Fee 2 1.5% of Permit Fee $20000,001.00 - $50,000,000.00 4.75% of Permit Fee 21% of Permit Fee $50,000,001.00 and Up 4% of Permit Fee 2 .75% of Permit Fee ' The indicated fee is for inspection of one discipline. The calculated fee shall be increased by the number of disciplines inspected, see Appendix A. Permit Fee is the construction permit fee as calculated and assessed by the Town utilizing Table 1-A as shown in the 1997 Edition of the Uniform Building Code (Fourth Printing) as published by the International Conference of Building Officials. 3 Plan review fee will be assessed one time only, regardless of the number of disciplines. Table 3 Emergency Service Inspections Normal Working Hours $100.00 per hour Outside Normal Working Hours $150.00 per hour 4. C&C's duties on behalf of the Town under this Agreement shall include: 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/ 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 immediately following the inspection. A green tag or red tag will be left at each inspection service site for the Applicant. 5. 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 an 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 Town. 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 of C&C. 6. 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. 7. This Agreement shall be construed, defined and interpreted under the laws of the State of Texas. All obligations of the parties created hereunder are performable in the Counties of Tarrant and Denton in the State of Texas. INDEMNIFICATION C&C AGREES TO INDEMNIFY 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 CONNECTION WITH THE PERFORMANCE OF THE CONDITIONS AND REQUIREMENTS 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 WILLFUL ACT(S) OF THE TOWN. EXECUTED THIS 22 DAY OF M 1\Yq C H �2 U 0 Town of Westlake C&C EnqKneering Trent Petty Edwin Van Riper, P.E. Town Manager President Appendix A Examples A Project valued at $2,550,000.00 Single Discipline (Inspection Only) $ 10,491.25 Westlake Permit Fee x 6.25% for single discipline insp $ 655.70 C&C Fee Multiple Disciplines(insp. Only) $ 10,491.25 Westlake Permit Fee x 6.25% for single discipline insp $ 655.70 C&C Fee x 2 disciplines $ 1,311.40 Insp. fee for 2 disciplines Single Discipline wlPlan Review $ 10,491.25 Westlake Permit Fee x 6.25% for single discipline insp. $ 655.70 C&C Fee +$ 10,491.25 x 2%fl Plan review fee $ 209.83 $ 865.53 insp. Wlplan review fee Multiple Disciplines wlPlan Review $ 10,491.25 Westlake Permit Fee x 6.25% for single discipline insp $ 655.70 C&C Fee x 2 disciplines $ 1,311.40 Insp. fee for 2 disciplines +$10,491.25 x 2% Plan review fee $ 209.83 $ 1,521.23 Insp. Wlplan review (2 disciplines) A Protect valued at $14,680,000.00 Single Discipline (Inspection Only) $ 48,700.75 Westlake Permit Fee x 5.75% for single discipline insp. $ 2,800.29 C&C Fee Multiple Disciplines (Insp. Only) $ 48,700.75 Westlake Permit Fee x 5.75% for single discipline insp. $ 2,800.29 C&C Fee x 3 disciplines $ 8,400.87 Insp. fee for 3 disciplines Single Discipline wlPlan Review $ 48,700.75 Westlake Permit Fee x 5.75% for single discipline insp. $ 2,800.29 C&C Fee +$ 48,700.75 X 1.5% Plan review fee $ 730.51 $ 3,530.80 Insp. Wlplan review fee Multiple Disciplines w/Plan Review $ 48,700.75 Westlake Permit Fee x 5.75% for single discipline insp. $ 2,800.29 C&C Fee x 3 disciplines $ 8,400.87 Insp. fee for 3 disciplines +$48,700.75 x 1.5% Plan review fee $ 730.51 $ 9,131.38 Insp wlplan review (3 disciplines)