HomeMy WebLinkAboutItem 8.2 Bldg&SafetyContractSvs
CITY CLERK
File # D~~[Q]-~[Z2J
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 13,1996
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SUBJECT:
Building and Safety Contract Services Review - Linhart, Petersen,
Powers Associates (LP2A).
(Report Prepared by Eddie Peabody, Jr., Community Development
Director)
EXHIBITS ATTACHED:
A. Current Agreement with LP2A
B. Customer Service Evaluation
RECOMMENDATION: /7\, -^__ 1. Review Staff Report and Recommendations
r \ VfIl""'" 2. File Report
FINANCIAL STATEMENT:
See Report
BACKGROUND:
_-:A!he City of Dublin has obtained services from the firm of Linhart, Petersen, Powers Associates (LP2A)
-..WIor building inspection, plan checking and building code enforcement since July 1, 1995, under the
provisions of an open ended contract. The City supports this contract with the provision of a full time
Administrative Secretary position. The current agreement is attached as Exhibit A.
Workload and Level of Service in 1996-97
During the next year, the following service levels anticipate the number of hours of service to rise to 4,000
hours. The 1996-97 budget provides an increase of 1.000 hours over 1995-96 levels. Inspection services
will rise to 1.5 inspectors on a yearly basis.
Staff Hours - Building Operations
Actual 1994-95
Estimated 1995-96
Projected 1996-97
Building Official
Building Inspector(s)
928
1,973
900
2,100
1,000
3,100
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c. : COPIES TO: LP2A
In-house distribution
ITEM NO.
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g:agenda\96\8-13ccbd
A brief history and projects for 1996-97 are as follows:
BUILDING & SAFETY DIVISION ..
WORKLOADIPERFORMANCE MEASURES
INDICATOR ACTUAL BUDGET ESTIMATED ESTIMATED
1994-95 1995-96 1995-96 1996-97
Building Valuation $9,089,988 $49,400,000 $16,024,743 $ 66,156,190
Permits Issued 739 850 758 561
Inspections 3,056 3,400 2,665 3,100
Dwelling Units Issued 44 13 13 211
Dwelling Units Finaled 0 0 0 200
Contract Cost 208,855 245,000 209,000 255,000
Contract Cost Per Inspection $68.34 $72.06 $78.42 $82.25
Significant Projects Anticipated in the Coming Year include:
· K & B California Creekside - Eastern Dublin
. Continued work on K & B Donlan Canyon - Western Dublin
· Continued work on Hansen Hill - Western Dublin
. Trumark Homes - Dougherty Road
In addition, the Building Operation will be updating public information handouts and host two seminars
for homeowners/contractors on home improvements.
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Quality of Performance
Building and Safety services are provided at the public counter and City personnel handle general
questions during regular busiP-ess hours (8-5 p.m.). The Building Oftlcial is available 8-12 daily and the
senior inspector, Mr. White, from 8-10 each day to answer questions and issue permits of a complicated
nature. Customer service response cards have been available at the counter during the entire year. Some
12 response cards were received concerning staff performance regarding hours, service, employee attitude
and overall building services. All responses were favorable and comments generally were responsive to
the service rendered. One example received in March, 1996 noted "Working with the staffwas great.
Good job''; while another received in May, 1996 noted "Very helpful and professional, along with
friendly".
In addition, LP2A has completed the update of the Flood Control and Flood Zone Program (FEMA) for
Dublin on time, as well as devoting considerable time to answer homeowner's concerns regarding this
program over a several month period. Staff would rate LP2A's performance as excellent this year.
Cost Effectiveness of Contract
IEn thl.e Past'kthde Ci~ cl09un94c~ldhas'firevdiethwed the cost ~ffectiveneshis.of adco~thtract arrangement for this seThirvice. ..
ar ler wor one m 1 entI e at a cost savmgs was ac eve WI a contract arrangement. . s
study indicated the contract arrangement with a part-time Building Official was adequate to meet current
needs and that any recommendation of contract/in-house services should be reconsidered when full-time
Building Official staffing was warranted.
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i996-9i projects show the need for 1000 hours of Building Official services and 3,000 hours of inspection
time. This workload does not require a full-time Building Official. All necessary plan checking of
.'_' anticipated projects and administration of this function can be handled by the half-time consultant Building
:::eOfficial as shown in the earlier 1995 agreement to hire LP2A. An in-house alternative for 1000 hours of
. Building Official services and 3,000 hours of inspection time could cost the City over $270,000.
Recruitment of a part-time Building Official would be difficult and additional City employee inspection
services would require more hours given the need for holiday, sick leave and vacation benefits.
The 1996-97 projected budget of$255,000 for LP2A still is cost effective. Staff would continue to
recommend that the City utilize a contract arrangement with LP2A for 1996-97.
Rates
Present contract rates (1995-96) are as follows:
Senior Inspector $55 hourly
Off-site plan-checking $65 hourly
Building Official $80 hourly
No increase is proposed for 1996-97.
:,.g:agenda\96\8-13CCbd
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CONTRACTUALSER\~CESAGREEMENT
BUILDING & SAFETY SERVICES
THIS AGREEMENT is made at Dublin, California, as of July 1, 1995, by and between
the CITY OF DUBLIN, a Municipal Corporation ("CITY"), and Linhart Petersen Powers
Associates ("CONTR:\CTOR"), who agree as follo\\'s:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRA.CTOR
shall provide said services at the time, place and in the manner specified in Exhibit A.
2. PA YMENT. CITY shall pay CONTRA.CTOR for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in
Exhibit B shall be the only payments to be made to CONTRA..CTOR for services rendered
pursuant to this Agreement. CONTRA.CTOR shall submit all billings for said services to CITY
in the manner specified in exhibit B; or, ifno manner be specified in Exhibit B, then according to
the usual and customary procedures and practices which CONTRACTOR uses for billing clients
similar to CITY.
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3. FACILITIES. EQUIPMENT ANTI CLERICAL SUPPORT. Except as set forth in
. Exhibit C, CONTRA.CTOR shall, at its sole cost and expense, furnish all facilities and
. '.. equipment which may be required for furnishing services pursuant to this Agreement. CITY
shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according
to the terms and conditions set forth in Exhibit C.
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4. GEJ\TERAL PROVISIONS. The general provisions set forth in Exhibit D are part
of this Agreement. In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition shall control insofar as it
is inconsistent with the general provisions.
5. SPECIAL PROVISIONS. The special provisions set forth in Exhibit E are part of
-- - this Agreement.
6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this
reference incorporated herein.
7. CONTRACT ADMINISTRA.. TION. This Agreement snall be administered by the
CITY:MA,...'NAGER. All correspondence shall be directed to or through the CITY MANAGER or
his or her designee.
. 8. TERM OF AGREEMENT. This Agreement shall be effective until terminated.
. . This Agreement may be canceled by the City, upon thirty (30) days advance written notice. This
.... Agreement may be canceled by CONTRACTOR upon ninety (90) days advance written notice.
AGREEMENT
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:EXHfBIT A
9. NOTJCES. Any written notice to CONTRACTOR shall be sent to:
Linhart Petersen Powers Associates
Attention: Kenneth C. Petersen
5798 Stoneridge Mall Rd. #201
Pleasanton, CA 94588
Any written notice to CITY shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
Executed as of the day fIrst above stated:
cL
Approved as to form:
~~ 7r!. h2v<-
City Attorney
AGREEMENT
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For: CITY OF DUBLIN
a Municipal Corporation
By;&j~
ayor
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For: Linhart Petersen Powers Associates
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Contractor
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EXHIBIT A
Scope Of Services
Building Official. The individual directly responsible for the performance of the duties of Building
Official as set forth in this agreement shall be Kenneth C. Petersen, P .E., a California Registered Civil
Engineer, License #C32062. Upon mutual agreement and at the sole discretion of the City Manager
and/or designee, CONTRACTOR may substitute other individuals in the above capacity as responsible
LTldividual. The designation as Building Official shall include all duties and responsibilities assigned to
this position through State and local laws and ordinances.
Building Inspection and Plan Check Services. CONTRACTOR shall enforce provisions of the City's
Building, Electrical, Plumbing, Mechanical and Housing Codes; the City of Dublin Zoning Ordinance;
and related State and local laws. CONTRA..CTOR shall make such inspections and investigations as
may be required to effect such enforcement and issue permits as are required by the City's Ordinances
fu"1d duly adopted policies. Such enforcement shall include the duties related to the Building Official as
set forth in the Dublin Municipal Code, and in the performance of such work the Contractor shall do the
following:
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a. Plan Review, Review all plans prepared by or on behalf of applicants for
compliance with the applicable Federal, State, and City ordinances and regulations.
Building Official shall maintain a close liaison with City Planning Department Staff in
order in order to insure that appropriate requirements of the Zoning Ordinance are
incorporated within the plans submitted. Building Official shall coordinate the submittal
of plans and receipt of comments from other appropriate agencies having jurisdiction in
such matters relative to enforcement of fire codes, sanitation codes, health codes,
hazardous material regulations, and other regulatory agencies'.
CONTRACTOR will strive to complete the first plan check of plans submitted with five
(5) business days of receipt of complete plans from the applicant. The goal agreed to by
CONTRACTOR will be to complete 95% of all complete submittals within the 5 day
period. CITY recognizes that on large scaleprojects this may notbe possible and
CONTRA..CTOR will strive for a plan review period which does not exceed ten (10) days
on large scale projects. When Building Official is satisfied that the appropriate
requirements of all applicable laws and codes have been met, Building Official shall issue
permits as set forth in such codes.
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In the event that workloads hinder the timely completion of Plan Reviews, upon
authorization by the City Manager and/or designee, CONTRACTOR may utilize off-site
Plan Checking at CONTRACTOR office. Performance of said work shall be in
accordance with the hourly rate for such services as stated in this agreement and only
upon approval of CITY.
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EXHIBIT A
Page 1
b. Bui]din~ Inspection. Provide building inspection services during the course of .
construction of facilities to enforce compliance with the provisions of applicable laws
including City Ordinances and regulations set forth on the plans for which the permit is
issued. In the performance of such duties, CONTRACTOR shall provide prompt
inspection for each project at the completion of the various stages of construction to
determine compliance. CONTRACTOR shall provide City Manager andJor designee
with relevant background information on all assigned inspection personnel prior to
assignment under this agreement. CONTRACTOR shall assign competent personnel
whose background, experience, applicable certifications, and demeanor demonstrate an
ability to conduct inspections of the type required under this Agreement, in accordance
with CITY standards. City Manager andJor designee shall determine notify Building
Official of acceptability of assigned inspection personnel. CONTRACTOR shall
promptly identify alternate personnel in the event of a request by City Manager and/or
designee.
In the event that CONTRACTOR requests a change in the assigned Inspection Personnel,
CONTRACTOR shall bear the full cost of any training required to familiarize the
assigned personnel with the current status ofprojects in the City. At a minimum this
shall include a one week overlap with both inspectors.
c. Housin~ Code Enforcement. Building Official shall enforce the City Housing
Code by investigation of complaints regarding sub-standard housing conditions and when
necessary, prepare cases for citation hearings, criminal proceedings in municipal court,
andJor civil abatement proceedings.
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d. Presentation of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this agreement, Building Official
shall be responsible for preparing the Staff report and necessary ordinances in advance of
the State mandatory implementation date.
e. Other Duties. Building Official shall perform other related activities as requested
by the City.
3. Projections. On an annual basis and in conjunction with the City Budget process CONTRACTOR shall
submit estimates of the projected: Staffmg, Permit Fees, and Construction Activity, which will affect the
provision of services under this Agreement. Given the inability to precisely predict building activity,
these projections are for planning purposes only and there shall not be a guaranteed number of hours of .
service under this agreement. Initially it is expected that the Building Official shall typically be .'. "
available from 8:00 a.m. to 12 noon on all City Business days.
EXHIBIT A
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L ReportinglPublic Infonnation. CONTR..A..CTOR shall be responsible for coordination of monthly and
annual reports summarizing activities undertaken pursuant to this agreement. Reports shall be in a
format a.T1d as mutually agreed by the City Manager andJor designee. As required Building Official shall
prepare staff reports for City Council, including but not limited to review and adoption of related code
updates. CONTRACTOR shall also assist with the preparation of informational brochures designed to
assist the public \'vith Building & Safety process.
). CoJ1ection of Fees. All fees collected from permit applicants in connection with the carrying out of the
functions set forth in this agreement, shall be collected by the CITY. CONTRACTOR shall review the
appropriate ordinances and fee schedules adopted by the City Council, and shall compute the amount of
fees to be collected by the CITY. CONTR..A..CTOR shall submit as appropriate information and
recommendations on proposed adjustments to the adopted fee schedules.
5. Limitations (A voidance of Confli cts ). During the term of this Agreement, CONTRACTOR shall not
. pr~:'i?e ~ervice.s to ~ny client for a ~roject which requires any a~proval.fr.om the CITY. Building.
. Omcmlls requITed m accordance WIth Chapter 2.24 of the Dublm MuruClpal Code to file appropnate
State of California FPPC Conflict of Interest forms. .
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EXHIBIT A
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EXHIBIT B
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PAYMENT SCHEDULE
A. CITY shall pay CONTRACTOR for services rendered in accordance with the hourly rates stated in
section B. CONTR.A.CTOR 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. Invoice shall include an accounting of all hours by classification and task. The format
and documentation included on the invoice, shall be subject to approval by the City Manager and/or
designee.
B. HOlJRL Y RATES:
The following hourly rates include all reimbursable or indirect costs, including but not limited to a
vehicle.
Senior Building Inspector
(Includes Inspection as well as any plan
checking of Residential and Non-Structural
CornmerciallIndustrial Plans.)
Off-site Plan Checking
(As authorized by CitY Manager and/or
designee)
Fire Code Plan Checking
(As authorized by City Manager and/or
designee)
Building Official
(Includes Plan Checking of Complex
Residential, CornmerciallIndustrial Buildings
and Supervision! Administration. In the event
the Building Official conducts inspections the
rate charged shall be the same as the rate shown
for Senior Building Inspector.)
$ 55.00
$ 65.00
$ 65.00
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$ 80.00
C. The hourly rates stated in Section B above, shall be the total which the CITY shall pay for the
services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any
additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering
services pursuant to this Agreement.
D. CITY shall make no payment for any e),.1:ra, further or additional service pursuant to this Agreement
unless such extra service and the price therefor is agreed to in writing and authorized by the City
Manager and/or designee.
The services to be provided under this Agreement may be terminated without cause at any point in
time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the
CONTR.A.CTOR for all outstanding costs incurred as of the date of written notice thereof and shall
terminate this Agreement. CONTRACTOR shall maintain adequate logs and tirnesheets in order to
verify costs incurred to date.
E.
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F. The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under
the terms of this Agreement until receipt of a fully executed copy of this Agreement.
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EXHIBIT C
1. Facilities for Records. The City shall provide an office for conducting the duties
set forth in this Agreement, and shall provide necessary furnishings, telephone, permit forms and
codes. Within this office, Building Official shall assemble such records customarily maintained
by a City Building Department. Such records shall, at all times, be the property of the City of
Dublin.
2. Clerical Support. City agrees to provide adequate clerical support to the Building
Department function as mutually agreed upon by CITY and CONTRACTOR.
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EXHIBIT C
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EXHIBIT D
GENERAL PROVISIONS
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1. INDEPENDENT CONTMCTOR. At all times during the terms of this
Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of
CITY. CITY shall have the right to control CONTRi\CTOR only insofar as the results of
CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have
the right to control the means of which CONTRACTOR accomplishes services rendered
pursuant to this Agreement.
2. LICENSES: PERJ\.1ITS: ETC. CONTR.A.CTOR represents and warrants to
CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which
are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents
and warrants to CITY that CONTRACTOR shall, at this sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and approvals which are
legally required to CONTRACTOR to practice his profession.
3. TIME. CONTRACTOR shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory performance of
CONTRACTOR's obligations pursuant to this Agreement.
fi th 4d' ~SU~~NCE REQ~REMENTS.. COl~TRAfi C~~R. shall procure andd maintain, .
or e uratlon 0 e contract, Insurance agamst c aImS or InJUIles to persons or arnages to
property which may arise from or in connection with the performance of the work hereunder by
the CONTR.A.CTOR, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in the CONTR.A.CTOR's rates as described in Exhibit B.
(a) Minimum Scope ofInsurance.
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Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or insurance
equivalent to Insurance Services Office Commercial General Liability~
coverage ("occurrence" form CG 0001), as determined by the City Manager
and/or designee.
2. Insurance Services Office form number CA OQO 1 (Ed. 1/78) covenng
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
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EXHIBIT D
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(b) Minimum Limits ofInsurance. CONTRA.CTOR shall maintain limits no less than:
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1.
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this projectllocation or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,OOO,OOO combined single limit per accident for
bodily injury and accidental death and property damage per occurrence
combined single limit.
3. Workers' Compensation and Employers Liability: Workers' Compensation
limits as required by the Labor Code of the State of California and Employers
Liability limits of$l,OOO,OOO per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY Manager of City of Dublin. At the
optiqp. of the CITY Manager or his/her designee either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the CITY, its officers, officials and employees;
or the CONTR.A.CTOR shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
::. (d) Other Insurance Provisions.
contain, the following provisions:
The policies are to contain, or be endorsed to
1. General Liability and Automobile Liability Coverages.
a. The CITY, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the CONTR.A.CTOR; products and
completed operations of the CONTR.A.CTOR, premises owned, occupied
or used by the CONTRACTOR, or automobiles owned, leased, hired or -
borrowed by the CONTRACTOR. The coverage shall contain no
special imitations on the scope of the protection afforded to the CITY,
its officers, officials, employees or volunteers.
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b. The CONlRACTOR'S insurance coverage shall be primary insurance
as respects the CITY, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of the
CONTRACTOR's insurance and shall not contribute with it.
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c.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees
or volunteers.
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d. The CONTRACTOR'S insurance coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2. Worker's Compensation and Emplovers Liability Covera~e.
The insurer shall agree to waive all rights of subrogation against the CITY, its
officers, officials, employees and volunteers for losses arising from work performed
by the CONTRACTOR for the CITY.
3. Professional Liabilitv.
CONTRA.CTOR shall carry professional liability insurance in an amount deemed by
the CITY to adequately protect the CONTRACTOR against liability caused by
negligent acts, errors or omissions on the part of the CONTRACTOR in the course
of performance of the services specified in this Agreement. Said coverage may be
provided on a "claims made" basi.? at the discretion of the CITY Manager or hislher
designee.
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice by mail has been given to the CITY.
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(e) Acceptabilitv ofInsurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII., except for professional liability.
Cf) Verification-of Coverage. CONTRACTOR shall furnish CITY with certificates
insurarice and with original endorsements effecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on this behalf. The certificates and
endorsements are to be received and approved by the CITY before work commences.
The CITY reserves the right to require complete, certified copies or all required insurance
policies, at any time.
Cg) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages ror subcontractors shall be subject to all of the requirements state herein.
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EXHIBIT D
6!lO/95
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The CITY Manager of hislher designee may approve a vanatlOn in those insurance
requirements upon a determination that the coverages, scope, limits and forms of such
insurance are either not commercially available or that the CITY's interests are otherwise
fully protected. Said approval of variation must be in writing.
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5. CONTRACTOR NO. AGENT. Except as CITY may specify in writing,
CONTR..A..CTOR shall have no authority, express or implied, to act on behalf of CITY in any
capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied,
pursuant to this Agreement to bind CITY to any obligation whatsoever.
6. ASSIG}.TMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect, unless said
assignment is approved in writing by CITY.
7. PERSONNEL. C01\rrRACTOR shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any
time during the term of this Agreement, desires the removal of any such person(s),
CONTRACTOR shall, immediately upon receiving notice from CITY of such desi!:.e of CITY,
cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services
required pursuant to this Agreement in the manner and according to the standards observed by a
:.competent practitioner of the profession in which CONTRACTOR is engaged in the
..... geographical area in which CONTRACTOR practices his profession. All instruments of service
of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall
be prepared in a substantial, first class and workmanlike manner and conform to the standards of
quality normally observed by a person practicing in CONTRACTOR's profession.
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9. HOLD HARMLESS AND RESPONSIBLE OF CONTRACTORS.
CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages
directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and
employees, or to parties designated unforeseen difficulties, accidents, occurrences or other causes
to the ex'1ent they are predicated on active or passive negligence of the CONTRACTOR or any
subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers,
officials, directors, expense, claim costs (including costs of defense), suits, and damages of every
kind, nature and description directly or indirectly arising from the performance of the work to the
ex'1ent they are caused by the negligent acts, errors, or omission of CONTRACTOR. This
paragraph shall not be construed to exempt the CITY, its employees 9l1d officers from its own
fraud, \\111ful injlli-y or violation of law whether willful of negligent. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement CONTRACTOR acknowledges and
agrees that he has read and understands the provisions hereof and that this paragraph is a material
.element of consideration. Approval of the insurance contracts does not relieve the
.'. CONTRA..CTOR or subcontractors from liability under this paragraph.
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EXHIBIT D
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10. GOVER..'N"MENTAL REGULATIONS. To the extent that this Agreement may .
be funded by fiscal assistance from another governmental entity, CONTR.t\CTOR shall comply ..'
with all applicable rules and regulations to which CITY is bound by the terms of such fiscal
assistance program. Also, in performing the services to be provided pursuant to this Agreement,
CONTR:\CTOR shall comply with all applicable laws and regulations whether State or Federal,
which are applicable to the performance of work hereunder, including but not limited to laws and
regulations; prohibiting discrimination based on race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, or sex; when applicable laws
related to payment of prevailing wages; and laws requiring injury and illness prevention
programs.
11. DOCUMENTS. AJ.l reports, data maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by CONTRACTOR
pursuant to this Agreement shall become the property of CITY upon completion of the work to
be performed hereunder or upon termination of the Agreement.
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EXHIBIT D
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EXHIBIT E
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between Linhart
Petersen Powers and Associates (CONTRACTOR) and City of Dublin (CITY):
Assigned Personnel/Subcontractors.
The following terms and conditions are hereby agreed to by CONTRACTOR prior to the
assignment of personnel or use by CONTRACTOR of subcontractors.
a. Submittal to City Manager. The name, background and experience of any and
every fIrm or individual to which any work outlined in this Agreement is to be performed must
be submitted to the City Manager andJor designee for prior approval.
b. . CONTR.ACTOR Liable for Work of Subcontractors. Approval by the City
Manager of a subcontractor shall not relieve CONTRACTOR of any liability for the work to be
performed pursuant to this Agreement, nor shall such approval infer any contractual relationship
between CITY and any subcontractor.
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EXHIBIT E
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Help us serve you better!
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~ Ct:CC
Stroogly Dingrec
Agree
I was waited on promptly 014 3 2
My needs were understood 05'4 3 2
Individual had a good attitude (}f4 3 2
The hours were convenient (]Y4 3 2
Satisfied with the overall service ~"4 3 2
Help us serve you better!
Ii ~~t was the pUl"J':'se of your visit? .
C'1/lt//Mnl &,f/t'nj :z;~;
What department did you visit?
--C3UI 'lei 111~ ::z::;;, .s~ '
What did you like about your experi-
ence? Can you offer any suggestions
that would help improve our ser-
vice?
What did you like about your experi-
ence? Can you offer any suggestions
that would help improve our ser-
vice?
Who served you? What was the date?
.I, j, (.VA /I-e 11(/3/~)
JC'~ II
~u$S ~~/p1 Stroogly Disagree
All'''"
I was waited on promptly @4 3 2
My needs were understood [94 3 2
Individual had a good attitude cY4 3 2
The hours were convenient LY4 3 2
~~isfied will ,/;.all service 5 3 2 Phone
. Hel~ us serve you better!
What was the purpose of your visit?
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I was waited on promptly (j)4 3 2
My needs were understood 5 (1)3 2
Individual had a good attitude 0 3 2
The hours were convenient 5 ([)3 2
Satisfied with the overall service 5 0)3 2
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Agree
I was waited on promptly (J4 3 2
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My needs were understood () 4 3 2 Name (optional)
Individual had a good attitude I~ 4 3 2 Address
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I was waited on promptly A64 3 2
My needs were lUlderstood &4 3 2 Name (optional)
Individual had a good attitude LY4 3 2 Addre..
The hours were convenient (9 4 3 2 City State Zip
Satisfied with the overall service 4 3 2 Phone
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I was waited on promptly 6)4 3 2
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My needs were lUlderstood 3 2 Name (opti",,)
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TIle hours were convenient 04 3 2 Zip
Satisfied with the overall service Cry 3 2
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I was waited on promptly 5@3 2 I
My needs were lUlderstood (j)4 3 2 I Name (optional)
Individual had a good attitude 5(j)3 2 1 Addreu
The hours were convenient 56h 2 I City Stile 7~p
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