85-044 Carl Mileff and Associates Plan Check Consulting Services�\ (ATTACHMENT)
. .
lY
City of Cupertino
AGREEMENT NO.
BY THIS AGREEMENT made and entered into on the 4th day of June 19 85
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Carl Mileff and Associates (2) (208) 226-0205 (Fresno)
Address 5070 North Sixth Street 4/103 City Fresno Zip 9370 Phone 973-7802 (Cup)
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
See Exhibit A
DELIVERY: See Exhibit A
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
See Exhibit A
TERMS The services and/or materials furnished under this Agreement shall commence on June 4, 1 985
and shall be completed before upon mutual agreement of both parties.
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
See Exhibit A
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non -Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement. Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
See Exhibit A
CONTRACT CO-ORDINATOR and representative for CITY shall be:
Name James H. Sisk Department Planning E Devel npment
Address 10300 Torre Avenue Cupertino, CA 95014 Telephone 252-4505
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
By-
//_ :IJP •
Title 42n,&A 4e
AGREEMENT FOR PLAN CHECK SERVICES
�
�
THIS AGREEMENT is made and entered imto this _�y__ day
o _____r 1985 by and between the CITY OF CUPERTINO, a
municipal corporation (the CITY), and CARL MILEFF AND ASSOCIATES
(the CONSULTANT).
WITNESSETH:
WHEREAS, in the judgment of the CITY, it is necessary and
advisable to employ the services of the CONSULTANT on an as
needed basis for the purpose of checking commercial, office,
industrial and residential building plans and documents; and
WHEREAS, the CONSULTANT is qualified to provide, and
experienced in providing, such plan check services;
NOW, THEREFORE, in consideration of the nmatuaI covenants,
agreements and conditions contained herein, the CITY and the
CONSULTANT agree as follows:
1^ Consultant,sServjices: The CONSULTANT agrees to furnish
plan check activities and services to the CITY upon the CITY'S
request, including, but not limited to, review of commercial and
residential plans and documents for compliance with model codes,
state handicapped and energy regulations, structural design
criteria, historical building codes, and any special local
ordinances of the CITY. The CONSULTANT agrees that all plan
check services performed for the CITY shall be adequate and
sufficient for the purposes for which they are performed and
conform to the professional standards normally exercised by
-1-
professional plan check consultants in the State of California.
a. The CONSULTANT agrees to perform said plan check
services in an expeditious and prompt manner; the CONSULTANT
shall use its best efforts to complete plan checks on a time
schedule no greater than as set forth below:
Flan Check Time Schedule
------------------------
Category
i1_.g@[21T ity)_---Permit_Typg
1® Patios & Covers
(Misc. Re -roof
Small Permits) Retaining Walls
Minor RL Add
(No structural)
Pools
Time for Plan
_Check_ (Weeps)
.5
2. R31 Non -Hillside
Dwelling Unit
R1 Addition (with
Structural Calcs)
Non-residential
Interiors
Minor Electrical
Mechanical
Structural and
Plumbing
3. Hillside Residential
less than 4 dwl.
!nits
Small Non -Hillside
Residential
Pro _j ects
less than 20 dwl.
uni is
Small office/
Commercial
less than 10,000
sq. ft.
4. Residential more than
20 dwelling snits
Hillside
Residential
more than 4 dwl. units
Non -Residential
more than 10,000
sq. ft.
-2-
l
2 to 4
0
Time for Back
Check:_ (Days) _.
1
2 to 4
4
b. The CONSULTANT agrees that said plan check services
include being available for information and consultation to CITY
personnel and the public both personally and by telephone, as
necessary.
2. Payment: In consideration of the plan check: services to
be provided by the CONSULTANT, the CITY shall pay the CONSULTANT
an amount for each project plan check mutually agreed upon by the
CONSULTANT and the CITY'S Chief Building Official, not to exceed
seventy-five percent (75!) of project plan check: fee collected by
the CITY. Said payment shall be the total compensation dose,
including initial plan check: and all rechecks. Consultation
pursuant to Section 1(b) shall be free of charge. Payment shall
be made within ten (10) days of receipt of CONSULTANT"S invoice
upon completion of each project plan check.
3. Term This agreement shall continue, with services
provided on an as -needed basis at the discretion of the CITY;
until termination by either party.
4. Termination. Either part; may terminate this agreement
upon thirty (30) days written notice given to the other=
S. Consultant's Status: In the performance of the
obligations set forth in this agreement, the CONSULTANT shall
have the status of an independent contractor, and CONSULTANT
shall not be considered to be an employee of the City for any
purpose. All persons working for or under the direction of the
CONSULTANT are its agents, servants, and employees, and they are
not accents, servants, or employees of the CITY.
6. Insurance= During the term of this agreement, the
CONSULTANT agrees to maintain in full -f=orce and effect, at its
own cost and expense, comprehensive general livability insurance
and professional liability insurance in connection with the work
performed for the CITY as follows:
a. Comprehensive general liability insurance for
$500,000 combined limit for bodily injury and property damage.
b. Professional liability insurance for at least
C. Certificates of insurance which provide that no
cancellation, major change in coverage, or expiration by the
insurance company without thirty (30) days written notice to the
CITY prior to the effective date of such cancellation or change
in coverage shall be filed with the CITY prior to engaging in any
activity set forth in this agreement.
7. Notices: All notices herein required shall be in writing
and shall be sent by certified or registered mails addressed as
f of 1 ows:
TO CITY: Chief Building Official
City of Cupertino
1 300 Torre Avenue
Cupertino, CA 9501.4
TO CONSULTANT Carl Mi 1 of f and Associates
5070 North Sixth Street, Suite 10- 3
Fresno, CA 93710
-4-
S. Statement--and-Signature'. Contractor shall provide the
following statement with signature on the cover page of all
documents checked by Contractor in the form of a stamp as
follows:
Plan Check_ApE.pEoyal
This plan has been reviewed for conformance with current
Uniform Building Codes, Uniform Plumbing Code, Uniform
Mechanical Code, National Electrial Code, and Title 24
and City Ordinances. This approval does not certify
plans and design adequacy, nor is any representation
made that structural failure or other structural related
damage will not occur. Any permit issued pursuant
hereto shall not constitute a recommendation or -
endorsement but is permissive only.
Date®_____________ Signature
Carl Mile# f ? Associates
9. Entire_AgaE22M2nta This Agreement constitutes the entire
agreement between the parties and supersedes all prior agreements
or understandings, whether written or verbal. No amendment or
modification to this Agreement shall be valid unless in writing
and signed by both parties.
10. Hold Harmless: Contractor .agrees to save and hold
harmless the City; its officers, agents .and employees from any
and all damage and liability of every nature, including all costs
of defending any claim, ca!sed by or arising out of the
performance of this agreement. City shall not be liable for acts
of Contractor in.performing services described herein.
-5-
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
Carl Mi1off and Associates
j
C
City of Cupertino
b
Chief Building Official
THIS AGREE=T is made and entered into this 11th day
of December , 1990 by and between the CITY OF CUPERTINO, a
municipal corporation (the CITY), and CARL MILEFF AND ASSOCIATES,
INCORPORATED (the CONSULTANT).
WITNESSETH:
WHEREAS, in the judgment of the CITY, it is necessary and advisable to
employ the services of the CONSULTANT on an as needed basis for the
purpose of checking commercial, office, industrial and residential
building plans and documents; and
WHEREAS, the CONSULTANT is qualified to provide, and experienced in
providing, such plan check services:
NOW, THEREFORE, in consideration of the mutual covenants, agreements
and conditions contained herein, the CITY and the CONSULTANT agree as
follows:
1. Consultant's Services: The CONSULTANT agrees to furnish plan
check activities and services to the CITY upon the CITY'S request,
including, but not limited to, review of commercial and residential plans
and documents for compliance with model codes, state handicapped and
energy regulations, structural design criteria, historical building codes
and any special local ordinances of the CITY. The CONSULTANT agrees that
all plans check services performed for the CITY shall be adequate and
sufficient for the purposes for which they are performed and conform to
the professional standards normally exercised by
-1-
professional plan check consultants in the State of California.
a. The CONSULTANT agrees to perform said plan check services in
an expeditious and prompt manner: the CONSULTANT shall use its best
efforts to complete plan checks on a time schedule no greater than as set
forth below:
Category
Complexity) Permit Type
Plan Check Time Schedule
Time for Plan
Check (Weeks)
1.
Patios & Covers .5
(Misc.
Re -roof
Small
Retaining Walls
Permits)
Minor RS Addit.
(no structural)
Pools
2.
R3 Non -Hillside Dwelling Unit 2
R1 Addit.w/structural calc's
Non residential interiors
Minor Electrical, Mechanical
Structural and Plumbing
3.
Hillside Residential, less 2 to 4
than 4 dwl. units
Small Non -hillside residential
proj.,less thn 20 dwl.units.
Small office/com.less than
10,000 sq.ft.
4.
Residential/more than 20 4
dwelling units
Hillside residential, more
than 4 dwl. units
Non-residential, more than
10,000 sq.ft.
-2-
Time for Back
Check (Days)
1
2
2to4
H
b. The CONSULTANT agrees that said plan check services include being
available for information and consultation to CITY personnel and the
public both personally and by telephone, as necessary.
2. Payment: In consideration of the plan check services to be
provided by the CONSULTANT, the CITY shall pay the CONSULTANT an amount
for each project plan check mutually agreed upon by the CONSULTANT and the
CITY'S Chief Building Official, not to exceed seventy-five percent (75%)
of project plan check fee collected by the CITY. Said payment shall be the
total compensation due which includes initial plan check and two (2)
rechecks. Rechecks, when exceeding two, may be subject to an hourly rate
fee. When plan check is performed on an hourly rate basis, the CONSULTANT
shall be paid a fee of sixty (60) dollars per hour. Consultation pursuant
to Section 1(b) shall be free of charge. Payment shall be made within ten
(10) days of receipt of CONSULTANT'S invoice upon completion of each
project plan check.
3. Term: This agreement shall continue, with services provided on an
as -needed basis at the discretion of the CITY, until termination by either
party.
4. Termination: Either party may terminate this agreement upon
thirty (30) days written notice given to the other.
5. Consultant's Status: In the performance of the obligations set
forth in this agreement, the CONSULTANT shall have the status of an
independent contractor, and CONSULTANT shall not be considered to be an
employee of the City for any purpose. All persons working for or under
the direction of the CONSULTANT are its agents, servants, and employees,
and they are not agents, servants, or employees of the CITY.
6. Insurance: During the term of this agreement, the CONSULTANT
agrees to maintain in full force and effect, at its own cost and expense,
comprehensive general liability insurance.
-3-
and professional liability insurance in connection with the work performed
for the CITY as follows:
a. Comprehensive general liability insurance for $500,000.
combined limit for bodily injury and property damage.
b. Professional liability insurance for at least $100,000.
c. Certificates of insurance which provide that no cancellation,
major change in coverage, or expiration by the insurance company without
thirty (30) days written notice to the CITY prior to the effective date of
such cancellation or change in coverage shall be filed with the CITY prior
to engaging in any activity set forth in this agreement.
7. Notices: All notices herein required shall be in writing and
shall be sent by certified or registered mail, addressed as follows:
TO CITY: Chief Building Official
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONSULTANT: Carl Mileff and Associates, Inc.
5070 North Sixth Street, Suite 103
Fresno, CA 93710
-4-
8. Statement and Signature: CONSULTANT shall provide the following
statement with signature on the cover page of all documents checked by
CONSULTANT in the form of a stamp as follows:
Plan Check Approval
This plan has been reviewed for conformance with current
Uniform Building Codes, Uniform Plumbing Code, Uniform
Mechanical Code, National Electrical Code, and Title 24
and City Ordinances. This approval does not certify plans
and design adequacy, nor is any representation made that
structural failure or other structural related damage will
not occur. Any permit issued pursuant hereto shall not constitute
a recommendation or endorsement but is permissive only.
Date: Signature
Carl Mileff & Associates, Inc.
9. Entire Agreement: This agreement constitutes the entire agreement
between the parties and supersedes all prior agreements or understandings,
whether written or verbal. No amendment or modification to this Agreement
shall be valid unless in writing and signed by both parties.
10. Hold Harmless: CONSULTANT agrees to save and hold harmless the
CITY, its officers, agents and employees from any and all damage and
liability of every nature, including all costs of defending any claim,
caused by or arising out of the performance of this agreement. CITY shall
not be liable for acts of CONSULTANT in performing services described
herein.
-5-
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
Carl Mileff and Associates, Inc.
City of Cupertino
by
ief Building Official