HomeMy WebLinkAboutReso 48-24 Item 5.10 Approving Amendments to the Consulting Services Agreements for On-Call ContractDocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
RESOLUTION NO. 48 — 24
APPROVING AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS FOR ON -
CALL CONTRACT BUILDING AND SAFETY SERVICES WITH 4LEAF, INC. AND TRB &
ASSOCIATES, INC.
WHEREAS, the City Council has approved Consulting Services Agreements with 4Leaf,
Inc., and TRB & Associates, Inc., (Consultants) to provide certain services to the Building and
Safety Division on an as needed basis; and
WHEREAS, said Consultants were selected through a Request for Qualifications process;
and
WHEREAS, Staff proposes to extend the term of the Agreements until June 30, 2026, and
increase the limit on the total compensation paid during the term of the Agreements; and
WHEREAS, the Consultants submitted a request to increase the hourly compensation in
accordance with the terms of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Third Amendment to the Consulting Services Agreement for On -Call Contract
Building and Safety Services with 4Leaf, Inc.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
approve the Second Amendment to the Consulting Services Agreement for On -Call Contract
Building and Safety Services with TRB & Associates, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Third
Amendment to the agreement with 4Leaf, Inc., attached hereto as Exhibit A, execute the Second
Amendment to the agreement with TRB & Associates, Inc., attached hereto as Exhibit B and
make any necessary, non -substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES: Councilmembers Josey, McCorriston, Qaadri and Mayor Pro Tempore Hu
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DocuSigned by:
I if( 01114AAL_ V14_61-1Q—.
City 11 L)l 4U" .
DocuSigned by:
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Mayor ��
Reso. No. 48-24, Item 5.10, Adopted 06/04/2024 Page 1 of 1
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
Exhibit A
THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
4LEAF, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and 4Leaf, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting
Services Agreement for On -Call Building and Safety Services, which agreement was
amended on July 1, 2023 (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, in 2021, Staff prepared and initiated a Request for Qualifications
(RFQ) for on -call Building and Safety services; and
WHEREAS, The City Council has directed Staff to process development
projects expeditiously and to hire consultants when services are needed; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2024 and
has a not to exceed sum of $3,000,000; and
WHEREAS, the CITY and CONSULTANT mutually desire to extend the term of
services to expire on June 30, 2026, increase the not to exceed amount to $4,250,000, and
increase the reimbursable rates as provided in Exhibit B to the AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended, effective July 1, 2024, as
follows:
1) Section 1.0 Term of Services shall be amended as follows and all other provision of
this section shall remain unchanged:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Consultant to complete the services required by this
Agreement shall not affect the City's right to terminate the Agreement, as referenced
in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City's
right to terminate the Agreement as provided for in Section 8.
2) Section 2.0 Compensation shall be amended as follows and all other provision of this
section shall remain unchanged:
COMPENSATION. CITY hereby agrees to pay CONSULTANT a sum not to exceed
$4,250,000.00 to be approved for use by the City Manager. CONSULTANT shall
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DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
provide to CITY the amended services as shown in the Budget attached as Exhibit A,
all other provisions of this section shall remain unchanged.
3) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant to
the AGREEMENT, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Second Amendment and the instruments referenced in
it on behalf of CONSULTANT each represent and warrant that they have the legal
power, right and actual authority to bind CONSULTANT to the terms and conditions
of this Third Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 5
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed as of July 1, 2024.
CITY OF DUBLIN 4LEAF, INC.
By:
,—DocuSigned �biy.
By. \—iiil%ldnccannaRS
Linda Smith, City Manager Kevin J. Duggan, President
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of 5
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
A. CITY shall pay CONSULTANT for services rendered in accordance with the hourly
rates stated in Section B. CONSULTANT shall submit invoices, not more often than once per
month, based upon the work completed. At the sole discretion of the CITY, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of purchase
order, amount of purchase order remaining, and total hours of augmentation personnel
assigned to the City covered by purchase order. The format documentation included on the
invoice shall be subject to approval by the City Manager and/or designee.
B. HOURLY RATES
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspection
(Includes oversight of Contract
Inspectors, monitoring of inspections
Demand and a knowledge / certification
in commercial / multi -family and single-
family building systems. May include
plan checking assignments)
2. Building Inspector III
(Includes knowledge / certification
in commercial / multi -family and
single-family building systems including
structural. Mechanical, plumbing and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II
(Includes knowledge / certification
in residential building systems including
structural, mechanical. Plumbing, and
electrical systems. May included plan
checking of non-structural plans.)
4. Building Inspector I
(Includes inspections of residential
buildings)
5. Building Inspector Trainee
$151.00
$132.00
$119.00
$99.00
$76.00
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DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
6. Plan Review (On or off site) $170.00
7. Permit Technician $99.00
8. Overtime rates 150% of Above Hourly Rates
(When pre -approved in writing
from Contract Administrator or designee)
9. Certified Access Specialist -
Augmentation Inspector
(An hourly surcharge is permitted for
each inspector rate listed in this exhibit
that holds and active CASp certification)
$7.00
10. Expediting of Projects
(When pre -approved in writing
from Contract Administrator or designee.
Plan Check Times to be negotiated
with each project but shall be at least 30%
faster than plan check times listed in Exhibit A section la)
Project Manager / Deputy Building Official $170.00
Plan Check Rates 150% of Above Hourly Plan Review Rate
This AGREEMENT does not include an automatic annual escalation in rates. Rate
change requests, if any, shall be submitted in writing to the Contract Administrator for
the City of Dublin no later than April 1st of each year and if approved will become
effective July 1st of that year.
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DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
Exhibit B
SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
TRB & ASSOCIATES, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and TRB & Associates, Inc. (hereinafter referred to as "CONSULTANT") entered into
a Consulting Services Agreement for On -Call Building and Safety Services, which agreement
was amended on July 1, 2023 (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, in 2021, Staff prepared and initiated a Request for Qualifications
(RFQ) for on -call Building and Safety services; and
WHEREAS, The City Council has directed Staff to process development
projects expeditiously and to hire consultants when services are needed; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2024 and
has a not to exceed sum of $1,750,000; and
WHEREAS, the CITY and CONSULTANT mutually desire to extend the term of
services to expire on June 30, 2026, increase the not to exceed amount to $2,750,000, and
increase the reimbursable rates as provided in Exhibit B to the AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended, effective July 1, 2024, as
follows:
1) Section 1.0 Term of Services shall be amended as follows and all other provision of
this section shall remain unchanged:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Consultant to complete the services required by this
Agreement shall not affect the City's right to terminate the Agreement, as referenced
in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City's
right to terminate the Agreement as provided for in Section 8.
2) Section 2.0 Compensation shall be amended as follows and all other provision of this
section shall remain unchanged:
COMPENSATION. CITY hereby agrees to pay CONSULTANT a sum not to exceed
$2,750,000.00 to be approved for use by the City Manager. CONSULTANT shall
Page 1of5
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
provide to CITY the amended services as shown in the Budget attached as Exhibit A,
all other provisions of this section shall remain unchanged.
3) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant to
the AGREEMENT, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Second Amendment and the instruments referenced in
it on behalf of CONSULTANT each represent and warrant that they have the legal
power, right and actual authority to bind CONSULTANT to the terms and conditions
of this Second Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 5
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of July 1, 2024.
CITY OF DUBLIN TRB & ASSOCIATES, INC.
By:
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
p—DocuSigned by:
M
By: '.-075F0172DECE462
Todd Bailey, P.E., LEED AP, CASp, MBA
Principal and Project Manager
Page 3 of 5
DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
A. CITY shall pay CONSULTANT for services rendered in accordance with the hourly
rates stated in Section B. CONSULTANT shall submit invoices, not more often than once per
month, based upon the work completed. At the sole discretion of the CITY, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of purchase
order, amount of purchase order remaining, and total hours of augmentation personnel
assigned to the City covered by purchase order. The format documentation included on the
invoice shall be subject to approval by the City Manager and/or designee.
B. HOURLY RATES
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspection $153.00
(Includes oversight of Contract
Inspectors, monitoring of inspections
Demand and a knowledge / certification
in commercial / multi -family and single-
family building systems. May include
plan checking assignments)
2. Building Inspector III $142.00
(Includes knowledge / certification
in commercial / multi -family and
single-family building systems including
structural. Mechanical, plumbing and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II $131.00
(Includes knowledge / certification
in residential building systems including
structural, mechanical. Plumbing, and
electrical systems. May included plan
checking of non-structural plans.)
4. Building Inspector I
(Includes inspections of residential
buildings)
$114.00
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DocuSign Envelope ID: 18F374E7-BB2F-42F5-82C6-28ABC1B2890E
5. Building Inspector Trainee $92.00
6. Plan Review (On or off site) $153.00
7. Permit Technician $98.00
8. Overtime rates 150% of Above Hourly Rates
(When pre -approved in writing
from Contract Administrator or designee)
9. Certified Access Specialist -
Augmentation Inspector
(An hourly surcharge is permitted for
each inspector rate listed in this exhibit
that holds and active CASp certification)
$7.00
10. Expediting of Projects
(When pre -approved in writing
from Contract Administrator or designee.
Plan Check Times to be negotiated
with each project but shall be at least 30%
faster than plan check times listed in Exhibit A section la)
Project Manager / Deputy Building Official $164.00
Plan Check Rates 150% of Above Hourly Plan Review Rate
This AGREEMENT does not include an automatic annual escalation in rates. Rate change
requests, if any, shall be submitted in writing to the Contract Administrator for the City of
Dublin no later than April 1st of each year and if approved will become effective July 1st of
that year.
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