Res 1548 - Agrmt RLM Consult
COUNCIL BILL NO. 1987
RESOLUTION NO. 1548
A RESOLUTION ENTERING INTO AN AGREEMENT WITH RLM CONSULTING
SERVICES, INC. AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID
AGREEMENT.
WHEREAS, pursuant to Resolution No. 1494, Robert L. Mendenhall was appointed
Building Official; and
WHEREAS, Robert L. Mendenhall, through RLM Consulting Services, Inc. (RLM), has
contracted with the City to provide building inspections, plan reviews and related services; and
WHEREAS, the City wants to continue to contract with RLM to provide these services;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an agreement with RLM Consulting Services, Inc. to
provide building inspections, plan reviews and related services.
Section 3. That the City Administrator is authorized to execute, on behalf of the City,
said agreement, a copy of which is affixed hereto as Attachment A and, by this reference, is
incorporated herein. ^ /) ~
ApprOVedastoformC01~(~ ~-/1-'19
City Attorney Date
APPROVED:~
Richard Jennings, May r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Reco~
ATlEST: ()~~
Mary enn t, City Recorder
City of Woodburn, Oregon
August 23, 1999
August 24, 1999
Auqust 24. 1999
August 24, 1999
Page 1 - Council Bill No. 1987
Resolution No. 1548
T ,.
AGREEMENT FOR BUILDING OFFICIAL
AND PLAN REVIEW /INSPECTION SERVICES
ATTACHMENT.. _A
Page ----1- of ~
This Agreement was entered into by and between RLM CONSULTING SERVICES,
INC. (CONTRACTOR) an Oregon corporation and the CITY OF WOODBURN, OREGON,
(CITY) an municipal corporation of the State of Oregon.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Term
The term of this Agreement shall be from the date of its execution by both parties until
June 30,2000, unless earlier terminated in accordance herewith.
2. Contractor's Services
Contractor agrees to provide the services as specified in the Scope of Work attached
hereto as Exhibit "~'. Contractor shall be reasonably available to City from 8:00 a.m. to
5:00 p.m. Monday through Friday to provide these services.
3. Compensation
City shall pay to Contractor for services rendered as follows:
a) In consideration of Contractor conducting plan reviews and inspections and related
duties as set out in the Scope of Work, 70% of all fees collected including
structural, mechanical, and firellife safety plan reviews shall be paid to Contractor.
Included in this compensation is attendance at meetings and preparations of design
review reports requested by the Community Development Director.
b) Work not included in the Scope of Work shall be paid at the rate of $40.00 per
hour and authorized by the Community Development Director with a written
memo or work order.
c) Contractor shall submit an itemized billing statement for payment of services
performed during the previous month. City agrees to pay by the 25th of each
month for bills received by the 5th of the month.
d) Contractor agrees to satisfactorily complete all plan reviews and inspections
including structural, mechanical, and firellife safety plan reviews, and related duties
as set out in the Scope of Work. Payment by City ofa percentage of the fees
collected for a specific review and/or inspection legally obligates Contractor to
complete that review and/or inspection and releases City from the payment of any
further compensation to Contractor for the completion of that review and/or
inspection. This provision shall survive the termination of this Agreement.
Page 1 - Agreement for Building Official and Plan ReviewlInspection Services
..
-,
4.
City's Obligations
ATTACHMENT~
Page ~ of
In order to facilitate the work of Contractor as above outlines, City agrees to do the
following:
a) City shall make secretarial service and office space available at City Hall to
Contractor as needed to accomplish Contractor's duties.
b) City shall provide Contractor with the use of a motor vehicle.
5. Independent Contractor
Contractor, in carrying out the services to be provided under this Agreement, is acting as
an "independent contractor" and not an employee of City, and as such accepts full
responsibility for taxes or other obligations associated with payment for services under this
Agreement. As an "independent contractor," Contractor shall not receive any benefits
normally accruing to employees of City unless required by applicable law. Furthermore,
Contractor may contract with other parties during the duration this Agreement.
6. Insurance
Contractor shall maintain at all times commercial general liability insurance, property
damage/automobile insurance, and professional malpractice insurance covering its
activities and operations under this Agreement. Contractor shall name City, its officers,
agents and employees as an additional insured for general liability and property damage
insurance coverage. Such insurance shall be in the form and amounts not less than that set
forth ORS 30.270 with the following limits and coverage:
Types of Insurance
Limits of Liability
General Liability
Each occurrence - $500,000
General Aggregate
$500,000
Automobile Liability
covering any vehicle
used on City business
Combined singular limit $500,000
or bodily injury $200,00 per person
and $500,000 per occurrence
Property Damage
Per occurrence - $250,000
Professional Malpractice
$1,000,000
All insurance shall be evidenced by a certificate of insurance provided to City, indicating
coverages, limits and effective dates by an insurance company licensed to do business in
the State of Oregon.
Page 2 - Agreement for Building Official and Plan Review/Inspection Services
.....,,_... _..,"'-------y--'"
7.
Indemnification
ATTACHMENT -LL-
Page -.:i- of ~
Contractor shall save harmless, indemnify and defend City for any and all claims, damages,
losses and expenses including but not limited to reasonable attorney's fees arising out of
or resulting from Contractor's performance or failure to perform the obligations under this
Agreement to the extent that the same is caused by the negligence or misconduct of
Contractor or its employees or agents. Contractor shall not be responsible for any actions
occurring prior to December 15, 1997.
8. Worker's Compensation
Contractor shall comply with ORS Chapter 656 for all employees who work in the State
of Oregon. Contractor shall obtain and maintain at all times during the term of this
Agreement, worker's compensation insurance with the statutory limits and employer's
liability insurance. Contractor shall provide City with evidence that it is a carrier-insured
or self-insured employer in full compliance with the requirements of ORS Chapter 656, or
that it employs no persons subject to the requirements of ORS Chapter 656.
9. Standard of Care and Warranty
Contractor agrees to perform its services within that standard of care, skill and diligence
normally provided by professional individuals in the performance of similar services. It is
understood that Contractor must perform the services based in part upon information
furnished by City and that Contractor shall be entitled to rely on such information.
However, Contractor is given notice that City will be relying on the accuracy, competence
and completeness of Contractor's services and utilizing the results of such services.
Contractor warrants that the recommendations, guidance and performance under this
Agreement shall be in accordance with professional standards and requirements.
10. Ownership of Documents
All documents or other materials submitted to City by Contractor shall become the sole
and exclusive property of City. All material prepared by Contractor under this Agreement
may be subject to the requirements of the Oregon Public Records Law.
11. Non-Assignment
No portion of this Agreement may be assigned to any other individual, firm or entity
without the express written approval by City.
12. Non-Discrimination
Contractor agrees to comply with all applicable requirements of federal and state civil
rights and rehabilitation statutes, rules, and regulations. Contractor shall also comply with
the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and
administrative rules established pursuant to those laws.
Page 3 - Agreement for Building Official and Plan Review/Inspection Services
'~..,-_.....~.,,-_.,-'"'-_.._----'-
13.
Compliance with Public Contracting Laws
ATTAC1ENT-4
Page of
Contractor shall comply with all applicable federal, state and local laws, rules, and
regulations regarding public contracting. All provisions ofORS Chapter 279 are
specifically incorporated herein to the extent applicable to personal service agreements.
14. Severability
In the event any provision of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force
and effect and shall in no way be affected or invalidated thereby.
15. Governing Law
This Agreement shall be governed by the laws of the State of Oregon. Any action
commenced in connection with this Agreement shall be commenced in the District or
Circuit Court of Marion County. All rights and remedies of City shall be cumulative and
may be exercised successively or concurrently. The foregoing is without limitation or
waiver of any other rights or remedies of City according to applicable law.
16. Termination Without Cause
Either party shall have the right in its sole discretion, to terminate this Agreement by
giving 30 days written notice to the other party.
17. Notice
Any required notice shall be served to the following addresses:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
RLM Consulting Services, Inc.
4386 Glencole St. NE
Salem, OR 97301
CITY OF WOODBURN
RLM CONSULTING SERVICES, INC.
John C. Brown, City Administrator
Date:
Date:
Page 4 - Agreement for Building Official and Plan ReviewlInspection Services
'.-", ..,. - '" "'-.-.- T
ATTACHMENT -LL-
Page -5:... of t.,
EXHIBIT "A"
SCOPE OF WORK:
The provider shall enter into an agreement with the City of Woodburn to provide
Building Official and plan review/inspection services for residential, commercial and
industrial buildings under the State of Oregon Building Code, as follows:
1. Provide Building Official administrative duties currently outlined in the City's
Program Authority.
2. Perform inspections for structural and fire life safety code compliance with
current editions of the following Oregon State Structural Specialty Codes:
· State of Oregon Structural Specialty Code
. State of Oregon 1 & 2 Family Dwelling Specialty Code
· State of Oregon Mechanical Specialty Code
· Manufactured Home Installation Inspector
. Manufactured Parks and Camp Inspector
3. Identifying deficiencies for each inspection and clearly noting each item to be
corrected separately for each of the aforementioned Oregon State Specialty
Codes.
4. State of Oregon Structural Specialty Code plan review/inspections shall
include (but not limited to):
· Site inspections, soil conditions
. Footing, foundation, set backs, reinforcing steel, slab
· Under-floor, post and beam
· Framing, shear wall, roof framing
· Masonry wall
· Tilt-up Concrete panel reinforcement
· Insulation
Fire walls
· Roofing
· Suspended ceilings
· Fire-sprinkler and alarms
· Final approvals for occupancy
5. State of Oregon Mechanical Specialty and 1 & 2 Family Dwelling Code plan
review/inspections shall include (but not limited to):
. Underground/under-slab, post and beam
· Rough-in mechanical
'_..."--'-r-""---'"
ATTACHMENT A
Page Ja- of "
. Gas lines
. Fire dampers
. Hood/ducting
. Wood stoves
. Heat pumps
. Boilers
. Refrigeration
. Finals
6. Submit inspection reports on forms provided by the City approving or
denying the inspection. When an inspection is denied, a list of corrections
shall be provided, the report shall be signed by the inspector of record
attesting that he/she personally inspected the reviewed construction for
compliance with all requirements of the applicable State of Oregon Specialty
Codes.
7. Provide equipment necessary to conduct inspections including but not
limited to:
. Tape measures
. Clip boards
. Hard hats
. Pressure gauges
. Staplers/staples
. Flashlights
8. Review of and implementation of conditions of approval from planning
commission and/or city council.
9. Additional services as directed by Community Development Department to
include but not limited to:
· Right of way inspections (sidewalks, drive-way approaches, ADA curb
installations)
· Sign abatement
· Dangerous building abatement (emergency response team)
· Interface with ordinance code enforcement
· Provide assistance to public works for questions, collection of fees.
CIMyFiles\BLDGlMiscellaneouslMiscellaneous - 1999\RLM Scope of Workwpd