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Home My WebLink About5.635 Original Contract .,.. ~ 5.~~5 PROFESSIONAL SERVICES AGREEMENT This agreement is entered into between the City of Port Angeles, a non-charter code city of the State of Washington, (hereinafter called the "City"), and Zenovic and Associates, Inc., a Washington corporation, (hereinafter called the "Contractor"). WHEREAS, the City requires professional residential and commercial building plan review services to be performed as needed; and WHEREAS, the Contractor has an employee who is a certified ICBO bUIlding plans examiner and is qualified to perform building plan review services in the State of Washington; and WHEREAS, the Contractor represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, and agreements set forth below, the parties hereto agree as follows: 1. Scope of work. The Contractor will assign Tracy Gudgel, a certified ICBO building plan examiner, or other employee so qualified, to perform the following services for the City: a. Every work day morning report by phone to the City's Department of Community Development to determine which plan reviews are necessary to be conducted. b. Complete all plan reviews within two weeks, or if unable to meet this deadline, contact the Department of Community Development Director to establish a new deadline. c. Report any customer service problems and abide by the Community Development Director's resolution of any continuing disputes. d. Maintain written documentation of all plan review services. e. Conduct plan reviews in two phases: (1) the first review will note any deficiencies; (2) the second review will determine if deficiencies have been revised and corrected. f. Perform other related building permit review services as requested by the community Development Director. - 1 - 2. Term. This agreement shall commence on March 13, 2003 and shall continue indefinitely. 3. Compensation. a. The Contractor's compensation for residential plan review services performed as stated herein shall be paid at 80% of the review fee charged by the City of Port Angeles based on the 2003 fee schedule. If more than two reviews are required, additional review will be charged at $80.00 per hour. b. The contractor's compensation for commercial plan review will be at the rate of $80.00 per hour. c. The Contractor shall submit invoices to the City on a monthly basis. Invoices shall detail the work, hours, and employee name. d. The City shall review the invoices and make payment within 30 days of receipt. 4. Relationship of parties. The parties understand and agree that the Contractor's firm is skilled in matters pertaining to building plan review services and will perform independent functions and responsibilities in the area of this particular field of expertise. The Contractor and its personnel shall act as an independent contractor and not employees of the City. As such, they have no authority to bind the City or control employees of the City. Within the performance of these duties, the Contractor shall work under the direction of the City's Community Development Director. 5. Compliance with legal requirements. The Contractor shall possess any regulatory or other license required to perform the services provided under this agreement and shall comply with all applicable federal, state, and local laws. 6. Indemnification/hold harmless. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, ansing out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. 7. Insurance. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work hereunder by the Contractor and its employees. - 2 - The Contractor shall provide a Certificate of Insurance evidencing: a. Automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. b. Workers compensation coverage as required by the industrial insurance laws of the State of Washington. c. Professional liability insurance with limits no less than $1,000,000 per occurrence. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The Contractor's insurance shall be primary insurance with respect to the City, and the City shall be given 30 days prior written notice of any cancellation, suspension, or material change in coverage. 8. Non-discrimination. During the performance of this agreement, the parties shall conduct their business in a manner which assures fair, equal, and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex,Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state, or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 9. Assignability. The Contractor shall not assign or transfer any interest in or responsibility under this agreement without the prior written consent of the City. 10. Amendments. The parties hereby agree that this agreement shall not be amended or modified without the written concurrence of both parties. IIII IIII - 3 - . 11. Applicable law. This agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any action brought hereunder shall be Clallam County. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. DATE: ~~ 3/ CITY OF PORT ANGELES ,2003. By: ~.,....':. City Manage Attest: By: 6Q ~ jP~. J)pto^-- City CI Approved as to form: By: {!" ,<} ~ City Attbrney G \Legal_ Backup\AGREEMENTS&CONTRACTS\ZenOY1C2 con wpd March 24, 2003 , '- /, DATE: ~ ,2003 ZENOVIC & ASSOCIATES, INe. By: ~ / esid t BY.~) '; ecretary - 4- .5. u 55 . ~OR~ANGELES WAS' H IN. G T 0' N, U.S. A. '~ CITY MANAGER'S OFFICE Aprjl 1, 2003 . -, Steve Zenovi~ . " Zenovic and Assocfates ' 5'19 S..Peapody Street ' , . Port Angeles, W A98362 , Re: 'Pr~fession~l Services Agree~e~i for PlanRe~iew ' " I ' ~, - , Dear Steve, , , I ~ '''- - , , t, Enclosed for your file is a fully executed Professional Services, Agreement betWeen the - City of Port Angeles and Zenovic and Associ~ies, Inc.,- for building-plan re~iew serVice~. .- J - _' __ " If I caD. be of any iurthe~ assist~ce, pl~ase feel fre~ to contact me at 360-417'-4634. Sincerely yours, &~.u.pt:D^- . BeckyJ~~pton,C~C - City: ClerkfMan~gement Assistant - . , Enclosure Copy: Department of COIIlljmnity De'velop~ent , - - I,"~ , " 321 E7AST FI,FTH SJREET · P.,O, sox 1 150 · PORTANGE~ES,"WA 98362-0217 . PHONE, 360-411-4500" FAX' '360-417-4509 · TTY 36b-417-4645 , ' \' ,- I ( E~MAIL'c. CITYMGR@CI PORT-ANGE~ES.WA.US ,', ,I