HomeMy WebLinkAboutThe Building Department Inc CONTRACT FOR SERVICES
BETWEEN
CITY OF Pasco, WASHINGTON
and
THE BUILDING DEPARTMENT, INC,
fiti
THIS CONTRACT is entered into this day of 2005, by and between the
CITY OF PASCO, WASHINGTON (hereinafter "the City") and THE BUILDING DEPARTMENT,
INC., a Washington Corporation (hereinafter "TBD").
WHEREAS, the City intends to regulate the process for construction and improvements
within its boundaries to ensure compliance with its comprehensive plan and with its pertinent
ordinances, laws, and regulations and to assure the overall operation of said enforcement; and
WHEREAS, TBD possesses knowledgeable and experienced persons familiar with the
building permitting process, building codes, abatement procedures, and other such related activities
ordinarily performed by a jurisdiction's building and code enforcement departments; and
WHEREAS, the City wishes to assure itself of the availability of such qualified experts to
assist in the administration of the City's building and code enforcement activities and TBD is willing
to provide such expertise to assist the City in this regard;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 . TBD accepts the relationship of trust and confidence established between it and the City
by this Contract. TBD covenants with the City to furnish its best skill and judgment and to cooperate
with the City in furthering the interests of the City. It agrees to furnish efficient business
administration and superintendence and to use its best efforts to complete the review and
administration of the building permit application process and administration of the City's laws,
ordinances, and regulations relating to the building and code enforcement processes in an
expeditious and economical manner consistent with the interests of the City.
2. The City agrees to provide staff needed for the initial permit intake and the final issuance
of permits at some pre determined location in the city.
3 . The City has the options of exercising any or none of the provisions set forth below at
their discretion.
4. The City agrees to forward the initial applications, plans and specifications to TBD by fax
and/or mail.
5. TBD agrees to provide an ICC/ICBO certified building inspectors on Monday through
Fridays of each week, as needed, to conduct inspections for Washington State Building Code
compliance of building permits covered under this agreement. Inspectors will not be provided on
Pasco services contract, cont. November, 2005
holidays recognized by the City.
6. TBD agrees to act as consultant to the City's officials in matters concerning the operation
of the City's building and code enforcement activities when requested by the City. Such activities
may include, but are not necessarily limited to,
review of building plans
building inspections
abatement of dangerous buildings
code enforcement
drafting of ordinances
Activities may also include working with the City's attorney in enforcing and
prosecuting individuals charged with violation of the building codes and related regulations adopted
by the City.
7. TBD shall be reimbursed by the City for services as follows:
(a) For consulting to the City for matters not covered under Subparagraphs (b) and
(c) below, TBD shall receive the sum of Thirty-three dollars twenty cents ($33 .20)
per hour.
(b) For performing plan reviews for projects TBD shall receive forty-five percent
(45%) of the permit fees. For such projects, TBD's portion of the permit fees shall be
paid on a regular payment schedule to be agreed upon between the parties on a
project-by-project basis.
(c) For calculating valuations and finalizing building permits applications and IBC
inspections for projects TBD shall receive Thirty-three dollars twenty cents ($33.20)
per hour plus forty-eight cents (.48) a mile for each mile travel while performing
work for the city.
(d) Project valuations shall be calculated pursuant to The City of Pasco's Building
Valuation Data. When this method is not practical, valuations will be established by
TBD pursuant to industry standard practices. The City of Pasco reserve the right
adjusts the valuations on specific projects when needed to address special
construction circumstances.
8. TBD shall provide the City with a monthly invoice which contains true and accurate
references for each service performed and all time billed including, but not limited to, the name of
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Pasco services contract, cant. November, 2005
each plan examiner or inspector, dates and hours worked and mileage accrued performing their
duties.
9. The City shall pay TBD's invoices not later with-in thirty day of receipt of TBD's billing.
10. TBD will carry errors and omissions insurance coverage in the minimum amount of $ 1
million, as well as liability insurance. TBD will name the City as additional insured on the liability
policy.
11 . This contract may be terminated by either party by giving thirty (30) days' written notice
to the other party. If this contract is terminated, TBD's final invoice shall be paid on the regular
scheduled payment date.
12. It is understood and agreed that TBD is an independent contractor and is not employed by
the City and TBD shall make no claims for benefits for employment against the City including, but
not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor
and Industries policy, vacation benefits, retirement, or unemployment benefits.
13 . The term of this Contract shall be for a period of one ( 1) year commencing this C tb
day of /J to V 2005, and shall automatically renew each year absent notice of one party to
the other of intent to cancel pursuant to Paragraph 13 .
14. Any notice required to be given under this Contract shall be given by certified mail
addressed as follows:
To the City: 525 North 3rd.
Pasco, Washington 99301
To TBD: 2530 Tilden Ct
Richland, Washington 99354
15. This Contract is made and entered into the State of Washington and shall be governed by
and construed and enforced in accordance with the substantive laws of the State of Washington.
Should any dispute arise concerning the breach, enforcement, or interpretation of this Contract,
venue shall be placed in Franklin County, Washington, and the prevailing parties shall be entitled to
its reasonable attorney fees and costs and additional judgment against the other party.
16. Time is of the essence of this Contract, and there are no other agreements between the
parties, either oral or in writing, concerning the subject matter herein.
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17. TBD shall indemnify the City and its officers, employees and/or agents and hold them
harmless from and against any and all claims, suits, and/or actions, loss or damages resulting form or
arising out of the services provided under this Agreement, or from negligent acts or intentional acts
or omissions of TBD.
IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by their
duly authorized representatives the day and year first above written.
CITY Pasco, GTON THE BUILDING DEPARTMENT, INC.
B By:
Title: Richard R. Mumma Jr.
Vice President, TBD Inc.
APPROVED AS TO FORM:
Attorney for City of Pasco
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