HomeMy WebLinkAboutSAFE BUILT COLORADO INC - CONTRACT - AGREEMENT MISC - SAFE BUILT COLORADO INCON -CALL INSPECTION, SUPPLEMENTAL PLAN REVIEW
AND PROJECT SUPPORT SERVICES AGREEMENT
This agreement is made this09 day of VJEL& t , 2010, between Safe Built Colorado, Inc., ("SAFEbuilt"), and the
City of Fort Collins, Colorado, (Municipality)
The purpose of this Agreement is to document and clarify the services SAFEbuilt, will provide to the Municipality as well as the
fee, invoicing, and payment structure both parties are agreeing to.
Scope of Services: SAFEbuilt will provide on -call inspection services, including preparation of any requested inspection
reports, supplemental plan review services, and project support ("Work") services to the municipality on an as needed basis as
directed by the City of Fort Collins. Plan reviews will encompass foundation, structural, electrical, plumbing, mechanical,
accessibility, energy code and life safety provisions. SAFEbuilt will perform inspections and plan reviews in accordance with the
Municipality's adopted codes and amendments. Any changes or additions to the scope of work shall be done only in writing and
shall specifically state the additional fees, if any, for such changes. SAFEbuilt is under no obligation to perform and will not
perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage or other matters
not included as building code issues. SAFEbuilt will perform Work in a professional and workmanlike manner and at a level of
competency in accordance with industry standards.
Fee Structure: SAFEbuilt fees for this agreement will be as follows:
On -Call Inspection Fee Schedule
Half Day
Full Day
Outside Normal Business Hours
Supplemental Plan Review Fee Schedule:
Commercial Plan Review:
(International Building Code)
Residential Plan Review:
(International Residential Code)
Project Support Fee Schedule
Commercial Plan Review:
(International Building Code)
Project Support Inspection:
Four hours or less - $320.00
Four hours to eight hours - $600.00
$100.00 per hour — minimum of 2 hours
90% of City of Fort Collins Plan Review Fee
10% retained by the City of Fort Collins
80% of City of Fort Collins Plan Review Fee
20% retained by the City of Fort Collins
90% of City of Fort Collins Plan Review Fee
10% retained by the City of Fort Collins
90% of City of Fort Collins Building Permit Fee
10% retained by the City of Fort Collins
Other Fees
Plan Revisions: $100.00 per hour
Fees for revisions to approved plans may pass through to the applicant.
Structural Engineer Services: Cost plus 5%
Rates are all inclusive — no separate billing for mileage, vehicle expenses or material will be sent.
Supplemental Building Department Services Agreement Page 1 of 4
Time of Performance: SAFEbuilt will perform the services commencing upon execution of this contract. All plan review and
inspections will be performed during normal business hours (8:00 a.m. — 5:00 p.m., Monday — Friday).
On -Call Inspection Requests:
A minimum of 48 hours lead time is required to guarantee availability, however SAFEbuilt will always do our best to
provide inspection services if notice is less than 48 hours.
Project Support Inspection Requests:
We will perform all Project Support inspections called in by 4:00 pm on the next business day.
Plan Review Schedule:
vve are aDie to commit to the toiiowina Dian review scneaule:
Residential projects 1 5 working days or less
Multi -family projects 1 10 working days or less
5 working days or less
5 working days or less
Small commercial projects 10 working days or less 5 working days or less
(less than $2M in valuation
Large commercial projects 20 working days or less 10 working days or less
(greater than $2M in valuation)
Invoice Milestones:
Plan Review Fee First comment submittal 50%
Plan review completion 50%
On -Call Inspection Fee I Monthly inspection services 1 100% 1
Project Support Inspection Date of permit issuance 50%
Fee
6 months from issuance date or project 40%
completion whichever comes first
At Client discretion, not to exceed 30 10%
days after project completion
Invoice & Payment Structure: SAFEbuilt will invoice the municipality on a monthly basis. All payments are due to SAFEbuilt
within 45 days of invoice date.
Term: This agreement will be valid through this 15t day January, 2011 until the 3111 day December, 2011.
Municipality Obligations: The Municipality shall timely provide all data information, plans, specifications and other materials
required by SAFEbuilt to perform the Scope of Services.
Insurance: SAFEbuilt will provideand maintain throughout the Term of this agreement commercial general liability insurance in
the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. This policy will
name the City of Fort Collins as additional insured
Supplemental Building Department Services Agreement Page 2 of 4
Indemnification: SAFEbuilt will procure and maintain, at its own expense, adequate insurance against and to indemnity and
hold the Municipality harmless against any and all of the following types of claims:
Claims by any SAFEbuilt employee for compensation, fringe benefits of any kind whatsoever,
or indemnification for tort claim damages or similar claims for damage.
Claims by any other party for damages for any alleged act or omission, whether based on negligent or
willful conduct arising from SAFEbuilt's performance of the Work.
SAFEbuilt or its employees shall not be deemed to assume any liability for intentional or negligent acts of the Municipality or any
officer, agent, or employee thereof.
Assignment: SAFEbuilt may not assign this contract without the consent of the Municipality which consent shall not be
unreasonably withheld. However, SAFEbuilt is permitted, with the Municipality's consent, to subcontract portions of the services
to be provided. SAFEbuilt remains responsible for any subcontractor's performance. Subcontractors will be subject to the terms
of this agreement. Performance clauses will be included in contracts with all subcontractors to assure quality levels and agreed
upon schedules are met.
Third Party Reliance: This agreement is intended for the mutual benefit of the parties hereto and no third party rights are
intended or implied.
Independent Contractor: SAFEbuilt is an independent contractor and neither SAFEbuilt nor its employees will be considered
as employed by Municipality.
Termination of Agreement: If either party cancels this Agreement, SAFEbuilt will immediately invoice Municipality, and
Municipality agrees to pay, for all services rendered to Municipality prior to cancellation of this Agreement. Services rendered
will be determined by monthly progress reports in a format agreed upon between the parties. A 30 day written notice is required
by either parry to cancel their Agreement.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and
all services to be provided will be provided in accordance with applicable federal, state and local law.
Prohibition Against Employing Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.
Contractor will participate in either the E-verify program C.R.S. § 8-2-122 or the Department program, as defined in C.R.S. § 8-
17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services. Contractor is prohibited from using the E-verify
program or the Department program procedures to undertake pre -employment screening of job applicants while this contract is
being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services
knowingly employs or contracts with an illegal alien, Contractor shall:
A. Notify the subcontractor and the Municipality within three days that the Contractor has actual knowledge that the
subcontractor is employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to
this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the
Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal
alien
Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an
investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5).
Supplemental Building Department Services Agreement Page 3 of 4
If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Municipality may terminate the
contract for breach of contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential
damages to the Municipality
This Agreement constitutes the complete, entire and final agreement of the parties hereto with respect to the subject matter
hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to
the subject matter hereof.
IN WITNESS WHEREOF, the Municipality, by resolution duly adopted by its governing body, caused this Agreement to be
signed. Likewise, an officer of the Corporation has subscribed to this Agreement by affixing their signatures all on the day
and year first written below.
City of Fort Collins, Colorado Safe Built Colorado, Inc.
ignat `re Signature
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Date: / / Date: D` / O3 / a0 I D
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Supplemental Building Department Services Agreement Page 4 of 4