2021-11-17 Building Inspector AgreementCITY OF BLAIR, NEBRASKA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this November , 2021 by and between the City of Blair,
Nebraska, a municipal organization organized under the laws of the State of Nebraska with its principal place of
business at 110 S. 14th Street, Blair, NE, 68023 ("City") and JDW Midwest, LLC a Limited Liability Company
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant
Consultant desires to perform and assume responsibility for the provision of certain professional services
required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is
experienced in providing Building Inspections and Code Enforcement services to public clients, is licensed in
the State of Nebraska, and is familiar with the plans of City.
2.2 Project
City desires to engage Consultant to render such services for Part-time Building Code Inspections ("Project") as
set forth in this Agreement.
3. TERMS.
3.1 Scone of Services and Term
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials,
tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the
professional Department Administration, Building Inspection, Plan Review, Permit Issuance, Zoning Code
Enforcement and general code consulting services necessary for the Project ("Services"). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for two (2) years, unless earlier terminated as provided
herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed
by Consultant or under its supervision. Consultant will determine the means, methods and details of performing
the Services subject to the requirements of this Agreement. City retains Consultant on an independent
contractor basis and not as an employee. Consultant retains the right to perform similar or different services for
others during the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due
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such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including,
but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this
Agreement and incorporated herein by reference. Consultant represents that it has the professional and
technical personnel required to perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner.
Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the
approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will
perform and coordinate the Services under this Agreement. Should one or more of such personnel become
unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform
the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative. The City hereby designates Aaron Barron, or his designee, to act as its
representative for the performance of this Agreement ("City's Representative"). City's Representative shall
have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Darin Whatcott, President/owner, or his
designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all
purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of
Services and shall be available to City's staff, consultants and other staff at agreed upon days and times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this
Agreement in a skillful and competent manner, consistent with the standards generally recognized as being
employed by professionals in the same discipline in the State of Nebraska. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services, including a
City Business License, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary to correct errors or
omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein.
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Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the
Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local,
state and federal laws, rules and regulations in any manner affecting the performance of the Project or the
Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this
Agreement until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Consultant shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage; and (2) Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of Nebraska and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)
General Liability: $1,000,000 per occurrence/$2,000,000 in the aggregate, for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required occurrence
limit; and (2) Workers' Compensation and Employer's Liability: Workers' Compensation limits
as required by the Labor Code of the State of Nebraska. Employer's Liability limits of
$1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub -
consultants to procure and maintain, for a period of five (5) years following completion of the Services,
errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an
amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
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3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions,
or Consultant shall provide endorsements on forms supplied or approved by the City to add the
following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the
City, its directors, officials, officers, employees, agents and volunteers shall be covered as
additional insureds with respect to the Services or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work; and
(2) the insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-
insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(B) Workers' Compensation and Employers Liability Coverage. The insurer shall agree
to waive all rights of subrogation against the City, its directors, officials, officers, employees,
agents and volunteers for losses paid under the terms of the insurance policy which arise from
work performed by the Consultant.
(C) All Coverages. Each insurance policy required by this Agreement shall be endorsed to
state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to the
City; and (B) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section
shall contain standard separation of insureds provisions. In addition, such insurance shall not contain
any special limitations on the scope of protection afforded to the City, its directors, officials, officers,
employees, agents -and volunteers.
3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall
procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VII, licensed to do business in Nebraska, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the
City. The certificates and endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested.
All certificates and endorsements must be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, at any
time.
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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or
property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to be performed.
Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life
saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors,
such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all
Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Any Extra Work may be authorized, as described below; and if authorized, said Extra
Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which
indicates work completed and hours of Services rendered by Consultant. The statement shall describe the
amount of Services and supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of
receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized
in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform
Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for
the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at
the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.4 General Provisions.
3.4.1 Termination of Agreement.
3.4.1.1 Grounds for Termination. Notwithstanding any other provisions of this Agreement, either
party may terminate this Agreement upon ninety (90) days written notice to the other party. Any fees
due to the Contractor for services rendered prior to the termination date shall be paid thirty (30) days of
the termination date.
3.4.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require
Consultant to provide all finished or unfinished Documents and Data and other information of any kind
prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such documents and other information within fifteen (15) days of
the request.
3.4.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided
herein, City may procure, upon such terms and in such manner as it may determine appropriate, services
similar to those terminated.
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3.4.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the
respective Parties at the following address, or at such other address as the respective parties may provide in
writing for this purpose:
Consultant:
City:
JDW Midwest, LLC
1405 S. Larchmont Drive
Council Bluffs, IA 50503
Attn: Darin Whatcott
City of Blair, NE
218S16"'St
Blair, NE 68008
Attn: Aaron Barrow, Assistant City Administrator
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.4.3 Ownership of Materials and Confidentiality.
3.4.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer
diskettes, which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is
granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license
any and all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided to
Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any
time, provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.4.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents and
Data either created by or provided to Consultant in connection with the performance of this Agreement
shall be held confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally
known, or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs of the Project, or any public information pertaining to the
Services or the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
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3.4.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any
additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the
purposes of this Agreement.
3.4.5 Indemnification. Consultant shall defend, indemnify and hold CITY, its officials, officers, employees
and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent
such claim arises out of or is incident to the negligence, recklessness, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential damages and
reasonable attorneys fees, expert witness fees and other related costs and expenses of defense. Consultant shall
defend, with counsel of CITY's choosing and at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against CITY,
its officials, officers, employees and agents. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against CITY, its officials, officers, employees and agents in any such suits, actions or
other legal proceedings. Consultant shall also reimburse CITY for the cost of any settlement paid by CITY
arising out of any such claims, demands, causes of action, costs, expenses, liabilities, loses, damages, injuries,
suits, actions, or other legal proceedings. Such reimbursement shall include payment for CITY's attorney's fees
and costs, including expert witness fees. Consultant shall reimburse CITY, its officials, officers, employees and
agents for any and all legal expenses and costs, including expert witness fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees and
agents.
3.4.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement
may only be modified by a writing signed by both Parties.
3.4.7 Governing Law. This Agreement shall be governed by the laws of the State of Nebraska.
3.4.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.4.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in
connection with this Project.
3.4.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.4.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by
operation of law, this Agreement or any interest herein without the prior written consent of the City. Any
attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer.
3.4.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the
preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance
shall be deemed calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise
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specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.4.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing and signed by both Parties.
3.4.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of
the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.4.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation
assumed by the Parties.
3.4.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and
effect.
3.4.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person,
other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.4.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it
shall not discriminate against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.4.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions
within the Nebraska Labor Law which require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.4.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who
have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.4.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an
original.
3.5 Subcontracting.
3.5.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF BLAIR JDW MIDWEST, LLC
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By: By: Y
Rod S 4orm, City Administrator Barin Whatco , resident/Owner
Attest:
Brenda Wheeler, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
BUILDING ADMINISTRATION SERVICES
Contractor, by and through their `Building Official/Inspector" ,shall perform the following and
shall enforce the adopted building laws of the Jurisdiction, including research of code requirements, new
materials and methods of construction. As well as drafting code revisions for the building division for the
review and approval of the Client, the Building Official and/or Senior Inspector shall perform all duties
set forth in the International Building Code Administration chapter as adopted by Client.
a) Will provide General Building Code Inspections to the City of Blair on a part-time agreed
upon day's and times and/or within official notice of 24 -hours.
BUILDING INSPECTION SERVICES
Contractor, by and through their `Building Official/Inspector", shall perform the following Services on
behalf of City as follows:
a) Perform and document comprehensive field inspections on assigned construction projects to
determine that all aspects of the project work conform to applicable and adopted Building,
Plumbing, Mechanical and Electrical codes, as well as zoning ordinances, energy
conservation and ANSI requirements.
b) Prepare correction notices and notices of non-compliance during inspections and maintain a
record of non -complying items and follow-up to resolutions of such items, including
attending court proceedings necessary to enforce City Ordinances and Codes.
c) Record conferences with contractors, engineers, architects and manufacturers.
d) Utilize the City automated permit tracking system to obtain and record pertinent job
information and records.
e) Establish professional working relationships with all affected City personnel to streamline
building code enforcement efforts.
f) Ensure that the public interests for a safe environment are met.
g) Uphold the preservation of health, safety and welfare of the public.
h) Provide Inspections within twenty-four (24) hours of formal request.
CHAPTER 1, SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
INTERNATIONAL BUILDING CODE
ADMINISTRATION
102.6 Existing structures. The legal occupancy of any structure
existing on the date of adoption of this code shall be permitted to
continue without change, except as is specifically covered in this
code, the International Property Maintenance Code or the
International Fire Code, or as is deemed necessary by the building
official for the general safety and welfare of the occupants and the
public.
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The Department of
Building Safety is hereby created and the official in charge thereof
shall be known as the building official.
103.2 Appointment The building official shall be appointed by the
chief appointing authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of
this jurisdiction and with the concurrence of the appointing
authority, the building official shall have site authority to appoint a
deputy building official, the related technical officers, inspectors,
plan examiners and other employees. Such employees shall have
powers as delegated by the building official. For the maintenance
of existing properties, see the International Property Maintenance
Code.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and
directed to enforce the provisions of this code. The building
official shall have the authority to render interpretations of this
code and to adopt policies and procedures its order to clarify the
application of its previsions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of
this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall
receive applications, review construction documents and issue
permits for the erection, and alteration, demolition and moving of
buildings and structures, inspect the premises for which such
permits have been issued and enforce compliance with the
provisions of this code.
104.3 Notices and orders. The building official shall issue all
necessary notices or orders to ensure compliance with this code.
104.4 inspections. The building official shall make all of the
required inspections, or the building official shall have the
authority to accept reports of inspection by approved agencies or
individuals. Reports of such inspections shall be in writing and be
certified, by a responsible officer of such approved agency or by
the responsible individual, The building official is authorized to
engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the
appointing authority.
104.5 Identification. The building official shall carry proper
identification when inspecting structures or premises in the
performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection
to enforce the provisions of this code, or where the building
official has reasonable cause to believe that there exists in a
structure or upon a premises a condition which is contrary to or in
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violation of this code which makes the structure or premises
unsafe, dangerous or hazardous, the building official is authorized
to enter the structure or premises at reasonable times to inspect or
to perform the duties imposed by this code, provided that if such
structure or premises he occupied that credentials be presented to
the occupant and entry requested. If such structure or premises is
unoccupied, the building official shall first make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises and request entry. If entry is refused,
the building official shall have recourse to the remedies provided
by law to secure entry,
104.7 Department records. The building official shall keep
official records of applications received, permits and certificates
issued, fees collected, reports of inspections, and notices and
orders issued. Such records shall be retained in the official records
for the period required for retention of public records.
104.8 Liability. The building official, member of the board of
appeals or employee charged with the enforcement of this code,
while acting for the jurisdiction in good faith and without malice in
the discharge of the duties required by this code or other pertinent
law or ordinance, shall not thereby be rendered liable personally
and is hereby relieved from personal liability for any damage
accruing to persons or property as a result of any not or by reason
of an act or omission in the discharge of official duties. Any suit
instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of
duties and under the provisions of this code shall be defended by
legal representative of the jurisdiction until the final termination of
the proceedings. The building official or any subordinate shall not
be liable for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code.
104.9 Approved materials and equipment. Materials, equipment
and devices approved by the building official shall be constructed
and installed in accordance with such approval.
104.9.1 Used materials sand equipment. The use of used
materials which meet the requirements of this code for new
materials is permitted. Used equipment and devices shall not
be reused unless approved by the building official.
104.10 Modifications. Wherever there are practical difficulties
involved lax carrying out the provisions of this code, the building
official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner's
representative, provided the building official shall first find that
special individual reason makes the strict letter of this code
impractical and the modification is in compliance with the intent
and purpose of this code and that such modification does not lessen
health, accessibility, life and fire safety, or structural requirements.
The details of action granting modifications shall be recorded and
entered in the files of the department of building safety.
INTERNATIONAL BUILDING CODE
EXHIBIT "B"
COMPENSATION
RATES FOR PROFESSIONAL SERVICES
Building Inspection Services rate shall be of hourly staff rates at minimum of 2 -hours per -day
and each Hour thereafter on an as needed basis and request service as provided below:
Building Code Inspector.............................................................................................$90.00/hour
OPTIONAL HOURLY STAFF RATES
FOR BUILDING CODE PROFESSIONAL SERVICES
Client agrees to compensate Contractor for any optional hourly fees as directed and previously
approved by the Client as the hourly staff rates provided below.
Building Official/Code Consulting............................................................................ $115.00/hour
Code Plans Examiner...................................................................................................$95.00 hour
Permit Technician........................................................................................................ $45.00/hour
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