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HomeMy WebLinkAboutItem 8.4 Building&SafetySvsLPPA l'. - I' JJ -r e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 27, 1995 SUBJECT Proposed Agreement With Linhart Petersen Powers Associates (LPP A) For Building & Safety Services Qlf (prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED 1. / Projected 1995/96 Building & Safety Workload 2. / Historical Workload Data ( 1991/92 -1994/95) 3. / Excerpts From Proposal dated May 22, 1995 4. / Proposed Agreement RECOMMENDATION n ~~eceive Staff Report and brief presentation by LPPA. Obtain any \V v necessary clarification of the proposed terms or contract provisions. Authorize the Mayor to execute the agreement on behalf of the City. FINANCIAL STATEMENT: In Fiscal Year 1995/96 it is projected that 1,000 hours of Building Official services and 3,000 hours of Building Inspector time will be required. The contract provides that the City will only be billed for the actual hours required. If the 1995/96 hours of service do reach the projections, the annual cost of services under this agreement will be $245,000. DESCRIPTION Since August of 1993, the City of Dublin obtained Building & Safety services on a contract basis from the firm of Taugher & Associates. Earlier this year Mr. Taugher advised the City of his intent to terminate his agreement as of July 1, 1995, due to his decision to retire from providing on-going regular services. City Staff evaluated all options similar to the process used for a contract evaluation. This report will discuss the findings of the Staff analysis; the process used to select a provider; and the recommended agreement with Linhart Petersen Powers Associates (LPP A). Staff Analysis of Contract vs. In-House Option In the past, the City Council has reviewed the cost effectiveness of a contract arrangement for this service. Due to the cyclical nature of construction activity, previous reports have found that the Contract arrangement best accommodated these fluctuations. The level of construction activity is affected both by the number and size of approved projects as well as economic factors affecting construction financing. The analysis completed in 1994 identified that a cost savings was achieved with a contract arrangement, although the City would also receive fewer hours of service than an In-House scenario. It was indicated that the contract arrangement with a part-time Building Official was adequate to meet current needs. The 1994 analysis suggested that the scenarios should be reconsidered when full-time Building Official Staffing was warranted. In Fiscal Year 1995/96 it is projected that 1,000 hours of Building Official services and 3,000 hours of Senior Building Inspector time will be required. This workload does not require a full-time Building Official. Allowing 1,000 hours of Building Official time should allow for 4 hours per business day. During this time the Building Official is anticipated to be able to provide general supervision and administration of the Building & Safety function, as well as complete plan checking of anticipated projects. The assumptions used in estimating service needs are outlined in Exhibit 1. In order to relate these service levels to recent experience Exhibit 2 provides a summary of historical workload data. Although the City has not reached the threshold previously identified, Staff did evaluate the potential cost of In- House staffing. --------------------------------------------------------------------------- ITEMNOo_8.4 COPIES TO: Ken Petersen, LPP A CITY CLERK FILE ~ e e tl.' ~ It is estimated that the cost of the In-House alternative would be approximately $270,000. The estimate includes a $10,000 contingency for external plan checking on any complex projects. In addition, this alternative provides approximately 4,950 hours of staff services compared to the 4,000 hours under the contract scenario. It is anticipated that recruiting a qualified City Employee te> serve as Building Official on a part-time basis would be difficult. Therefore, a full-time position is assumed and contract services are utilized to provide vacation coverage, sick leave, and part-time inspection to assure the availability of a total of 3,000 hours of inspection time. The supplemental contract time is required due to the fact that with City employees you must still provide coverage when they are not available to work. Allotting for holidays and leave time, a full-time City Inspection employee would only be available approximately 1,816 hours per year. Therefore, it is assumed that Contract inspection time would be required to make up the difference. Based upon the proposed agreement with LPP A estimated at an annual cost of $245,000 the City will achieve a 9.3% savings over the In-House alternative. The calculated savings are considered conservative as they do not account for added internal City costs associated with overhead required to accommodate an additional 3 City employees. Although this change alone may not substantially impact the workload of the Administrative Services Staff in terms of personnel, payroll, etc., it is important to consider the cumulative impacts of changes throughout the organization. At some point these costs would need to be considered. The Staff would continue to recommend that the City utilize a contract arrangement with a qualified firm. This recommendation is based upon the economic advantage as well as the uncertainty of the timing for infrastructure to accommodate large scale development in Eastern Dublin. Until this can be assured it is not anticipated that there would be a sufficient workload to support a full-time Building Official. Request For Proposal (RFP) Process On April 28, 1995 Staff issued a RFP for Building & Safety services. The documents were mailed to a total of 8 firms and the Dougherty Regional Fire Authority (DRF A). Staff also conducted a pre-submittal conference with interested parties to allow for questions about the scope of work. The City received proposals from five firms and DRFA. The response from DRFA outlined a proposal to develop a public/private partnership with a construction management firm. The DRF A proposal also attempted to consolidate the physical inspections required for fire code elements with those inspections completed by the City Building & Safety Department. All of the entities which submitted a response were invited to participate in an oral interview and presentation. The interview panel included the City Manager, Assistant City Manager, and a municipal Building Official who had specific expertise in the provision of these services. In reviewing the proposals Staff has considered the following key elements: (a) Relevant experience of individuals who will be assigned to the contract. (b) Size of firm and resources available in the event that there is a need to supplement existing staffing levels. (c) Customer service and operational procedures which will assure the applicants needs are addressed. (d) References from similar engagements with a public entity. (e) The cost of the proposed services. The proposals included very small independent firms as well as some of the larger firms, which provide extensive services throughout the State of California. The costs presented based upon the estimated workloads ranged from $215, 400 to $272,000. Based upon a complete review of all of the available information and criteria noted in the preceding paragraph, Staff is recommending that the City enter into an agreement with Linhart Petersen Powers Associates (LPP A). Proposed Agreement With LPP A Attached as Exhibit 3 are excerpts from the proposal submitted by LPP A. The firm has offices in the City of Pleasanton and they have extensive experience providing plan review and inspection services to numerous municipalities. As a medium sized firm the City will benefit from having a principal, Mr. Kenneth Petersen, assigned as the City Building Official. This provides the City with an individual who is a registered Engineer and certified by the International Conference of Building Officials (ICBO) as a Plans Examiner and - e ~. .. Inspector. Mr. Petersen also has a unique qualification in that he has a Community College Teaching Credential and he instructs courses related to the building codes. Mr. Petersen's skills will provide an opportunity for LPP A to assist with updating some of the educational handouts which respond to typical questions by applicants. Throughout the information in the LPP A submittal, as well as discussions with City Staff , the firm highlighted various efforts to achieve good customer service. On page 13 of Exhibit 3 (LPP A Proposal Excerpts) the firm discusses some examples of tasks they anticipate undertaking to improve customer service. For example, the firm recognizes the need to track and identify any factors which could affect the timeliness of permit issuance. They also anticipate the use of customer surveys, development of informational handouts, and the preparation of internal Department policies. As previously noted the primary goal to be achieved by these efforts is the provision of quality services to the public. LPP A anticipates that Mr. Petersen will be able to complete most plan checking on-site between 8:00 a.m. and 12 noon. In the event that this is not possible the firm has additional personnel available in the Pleasanton office, who are qualified to meet the City's needs. It anticipated that this supplemental off- site plan checking would only occur with prior authorization from the City Staff person assigned to supervise the contract. The firm has also committed to meeting established goals for the time required to complete the initial plan checking of complete plans submitted for review. On most projects it is anticipated that the code compliance plan checking will be complete within 5 days. It is important to note that if the plans require review by other City Departments or outside agencies (i.e. Health Department, Fire Department), the applicant may need to wait additional time to receive information on all of the project requirements. Very large projects are anticipated to be plan checked in no more than 10 business days. It is anticipated that many of the applications received will actually be able to be reviewed in less time. In 1995/96 it is anticipated that the City will need to consider the adoption by the State of revisions to the Uniform Codes. Mr. Petersen will be directly responsible for preparing the necessary documents for City Council consideration. As an Instructor and a Consldtant Mr. Petersen has actively participated in the ICBO code development process. LPP A has extensive experience providing contract inspection services. As previously indicated the City anticipates the potential need in 1995/96 for a total of 3,000 hours of inspection time. This equates to approximately 1.5 Contract Inspectors. The need for inspection services above the one full-time position, will be largely dependent upon the extent to which some of the major projects identified in Exhibit 1 actually begin construction. LPP A has proposed to retain Mr. Bob White who is currently working for the City of Dublin under the agreement with Taugher & Associates. Mr. White has extensive knowledge of the City of Dublin as well as over 20 years of inspection experience. This also provides the opportunity for continuity following the transition between the two firms. There will be projects which were previously plan checked by Mr. Taugher which are still under construction. LPP A has committed to assure that the processing of these projects will proceed in a smooth manner. The Building Official will directly supervise and coordinate all of the inspection activities. Mr. White will provide the services of the full-time position. Once the need to add supplemental inspection staff on a regular basis is required, LPP A will provide Staff with additional information on the background of the proposed additional half time Inspector. The firm maintains a resource listing of available personnel as well as those which LPP A currently have assigned under contract arrangements to other jurisdictions. The availability of contract personnel to the public will remain unchanged from the present arrangement. Staff has not found any indications that would suggest that any change needs to be made to the current schedule. Typically the Building Official is available from 8:00 a.m. to 12:00 noon each workday. The Senior Inspector is available for office duties from 8:00 a.m. to 10:00 a.m. Special arrangements can also be made if there is a need to meet outside of these timeframes. The City has also attempted to issue minor permits such as new roofs, or heater replacements over the counter. When the contract personnel are not available this can be accommodated by the Development Services support staff, which provide services for the Building & Safety function. e e Yl The scope of work under the proposed agreement also prohibits LPP A from providing services to any client, for a project which requires City of Dublin approval. This restriction is necessary to prevent a conflict of interest. The Scope of Work can be found in Exhibit A of the Proposed Agreement, which is attached to this report as Exhibit 4. The City will continue to have the ability to review the cost effectiveness of this arrangement on a periodic basis. In the event that the City desires to terminate the contract arrangement for any reason, the Agreement requires only a 30 day written notice to LPP A. Recommendation It is anticipated that Mr. Petersen and Mr. Powers will be in attendance to make a brief presentation and answer any questions regarding their proposal. The Proposed Agreement would be effective July 1, 1995 and the firm is prepared to begin services on Monday July 3, 1995. As part of the transition Mr. Petersen will be overlapping coverage with Mr. Taugher from June 28 through June 30th, without any cost charged by LPP A. Staff recommends that the City Council authorize the Mayor to execute the Agreement on behalf of the City. ~ e CITY OF DUBLIN e PROJECTED 1995 / 1996 BUILDING & SAFETY WORKLOAD The City has provided a separate analysis of historical workload statistics. Due to economic changes as well as the approval of a large scale Commercial Project in the Eastern Dublin Specific Plan Area Building & Safety activity is anticipated to increase in the next year. Please note that this information is based upon the best information available which includes estimated time frames expressed by Development Applicants. The City cannot guarantee these workloads or the estimated starting times for any of these projects. It is anticipated that the Agreement will provide for an hourly rate and that the total cost will fluctuate with the time required. Estimated New Single Family Dwelling Units Finaled $ 49,000,000 850 3,960 117 30 87 1,000 3,000 Estimated Valuation Of Permits Issued Estimated Number of Permits Estimated Inspections Total Estima,ted New Dwelling Units Issued (Single Family & Multi Family) Estimated New Multi - Family Units Finaled Number Hours Building Official Induding Plan Checking Number of Hours For Inspector Classification Significant Projects Anticipated In This Scenario RESIDENTIAL - There are no tracts currently with permits which are already under construction. Hansen Ranch (Developer California Pacific Homes) Total project of 180 Single Family homes. It is anticipated that 30 units may be completed in 1995/96. Donlon Canyon (Developer K&B Homes) Total project of264 Multi-family condominiums. It is anticipated that completion of approximately 1/3 of the total units may occur in 1995/96. Non-Residential Santa Rita Commercial Center (Homart Development Co.) PHASE 1 contains approximately 500,000 square feet of commercial space in 11 separate buildings. Phase 1 occupies approximately 40 acres of a 75 acre site. Valley Christian School - Grading is underway for the development of classrooms and other facilities totaling 50,000 square feet. Targeted completion is by early 1996. PETCO a Id,OOO square foot commercial pet store. Construction on this project is now underway. PETsMART a 25,000 square foot commercial pet store. A construction permit has been issued on this project. MCE a 12,474 square foot building constructed as an operations yard and offices for a local construction firm. Payless Shoe Store 1,200 square foot addition. Permit was issued 4/20/95. EXHIBIT 1 - " - CITY OF DUBLIN HISTORICAL WORKLOAD DATA FOR BUILDING & SAFETY DEPARTMENT (Prepared April 1995) INDICA TOR Actual 1 991-1 992 Building Valuation Permits Issued Building Permit Fees Inspections Dwelling Units Issued Dwelling Units Finaled $ 14,765,090 798 $ 173,666 4,139 22 201 Actual 1992-93 $ 13,209,986 828 $ 198,738 3,575 22 21 Actual 1993-94 $ 11,653,246 721 $ 253,906 3,056 44 o CONTRACT HOURS BY CLASSIFICATION Estimated 1994-95 $ 13,270,000 720 $ 242,000 2,800 o o Actual Actual Actual Estimated Classification 1 991-1992 1992-93 1993-94 1994-95 Building Official 1,035 hours 950 hours 957 hours 928 hours (Including Plan Checking) Inspection 2,114 hours 1,962 hours 1,989 hours 1,973 hours (Including Office Hours) EXHIBIT ().. ( e e . EXCERPTS Proposal for Building & Safety Plan Checking, Inspection, & Administration Services Prepared For: CITY OF DUBLIN 100 Civic Plaza Dublin, C~llifol"llia 94568 Prepared B)': LINHART PETERSEN PO\VERS ASSOCIATES 5798 Stoneridge Mall Road Suite 201 Pleasanton, California 94588 May 22, 1995 y;:.. T~':-~ P,ERf~ l '"0 t~ ~? ~ Ii .f! n- :,3 J.t' k"-.;' t;<". :'J, ". f; :5 ~ Ii' t'.. cf.l'.<> /:I !~ti ~!HhlY'~ ~ \9" Senice & Quality Raised loa Higher Po,rer . . . e e , May 22, 1995 Mr. Paul S. Rankin Assistant City Manager/Administrative Services Director City of Dublin 100 Civic Plaza (Post Office Box 2340) Finance Department (Second Floor) Dublin, CA 94568 RE: Proposal for Building & Safety Plan Checking, Inspection and Administration Services Dear Mr. Rankin: In accordance with a Request for Proposal issued April 28, 1995, Linhart Petersen Powers Associates (LP2A) is pleased to submit this proposal for Building & Safety Plan Checking, Inspection, and Administration Services to the City of Dublin. We have prepared for your consideration: (1) assignment of a person who will be responsible for administration of Agreement; (2) a review of recent experience in providing public sector services; (3) a description of our proposed staff and their responsibilities; (4) a review of our staffing approach including plan check turnarounds; (5) a proposed fee schedule; and (6) representative project refcrences. Also included are resumes of our key staff members. Linhart Petersen Powers Associates (LP2A) provides public agencies with a special expertise in Building Division consulting services. Our key staff members have held positions such as Chief Building Official, Plan Check Engineer, and Building Inspector and have performed these duties as contracted staff as well as direct employees prior to affiliating with LP2A. We offer a full range of services including division administration, plan review, permit processing, inspection and code enforcement; as well as special project expertise such as URM building inventory development, seismic hazard reduction program assistance, and public facility accessibility surveys to help determine compliance with Americans with Disabilities Act (ADA) requirements. In addition, we are also available to assist Public Works Department with their map and plan checking, contract administration, capital program development, and design activities. LP2A is a medium-size firm, without the bureaucracy that can sometimes get in the way of performing effective and responsive services. It is not unusual, for example, to find our principals, managers and line staff all working together to get projects done on time. This commitment to performance is no doubt due to the fact that most of our staff at LP2A have previously worked with public agencies, and we understand the need to provide a service lrI LINHART PETERSEN POWERS ASSOCIATES I 5798 Stoneridge Mall Road, Suite 201 . Pleasanton, CA 94588 (510) 463-9775 . FAX (510) 463-9796 Mr. Paul S. Rankin, Assi_t City Manager May 22, 1995 Page 2 e { with predictable timetablcs, so important to building permit applicants. Further, we understand the importance of the public agency responsibility to provide technically competent rcgulation of construction activities, helping ensure the safety of persons and property. \Ve at LP2A sincerely believc we provide a service that is second to none. Our motto, "Service and Quality to a Higher Power," is demonstrated by our selection of qualified individuals to perform the necessary tasks. \Ve, further, are committed to meeting the highest standard of public service, so important in effective delivery of municipal regulatory activities. Predictability, s"ift problem-resolution, seeking feedback from those we serve, efficiency, and positive attitudes are all important components of successful delivery of municipal services. Because wc are proposing experienced staff -- who are known for their professional, positive performance -- LP2A can be comfortable in making such commitments. Thank you, again, for the opportunity to present this proposal to the City of Dublin. We look fOf\\'ard to hearing from you with any questions you may have and hope we might ultimately be given an opportunity to pcrform thcse important services. Sincerely, LI 'HART PETERSEN PO\VERS ASSOCIATES I Kevin M. Powers, P.E. Principal /~~~<~ Kenneth C. Petersen, P.E. Principal KMP /nc Enclosure e e LP2A PROJECT ADMINISTRATOR It is proposed that Mr. Kenneth C. Petersen, Principal, be designated the Project Administrator for management of this contract. In this capacity, Mr. Petersen will report directly to Mr. Richard Ambrose, City Manager, unless otherwise designated, and will be responsible for administration of the agreement with the City of Dublin. Mr. Petersen has many years of experience in performing, managing, and administering public sector services. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 1 - e . PUBLIC SECTOR SERVICES EXPERIENCE Linhart Petersen Powers Associates (LP2A) is a public agency consulting firm specializing in municipal engineering services. LP2A staff have considerable experience providing contract services and have the additional advantage of prior direct employment with public agencies. This combined experience provides our staff with a unique understanding of the technical issues as well as a natural orientation towards public service. We strongly believe LP2A can be matched by no other firm in our commitment and ability to provide technically competent sen'ices while meeting, if not exceeding, the senice goals established by the public agency. Below begins a review of several relevant projects and clients, demonstrating the breadth and depth of our experience. Note that we have included project experience for staff while they were with LP2A as well as with previous employers. FULL BUILDING DEPARTMENT SERVICES Citv of American Canvon. LP2A provided temporary complete Building Department services to this community from August to October, 1993. This job required LP2A to staff a one- person Building Department during a period of time while the city was in the process of hiring permanent staff. Duties included plan review, inspection and counter assistance. Contact: Mr. Bill Emlen, Planning Director (707) 647-4360 Citv of Belmont. Mr. Petersen was responsible for providing on-going, full-time contract plan review and field inspection services for the City's Building Inspection Department. Plan review services were provided either on-site or in City Hall. Field inspections, of course, were provided included office hours, answering phone and in-person inquiries, etc. Contact: Mr. Daniel Vanderpriem, Director of Planning and Community Development (415) 595-7416 Santa Cruz Countv. Mr. Powers successfully responded to an urgent request for help from the County's Planning/Building Department following the October, 1989, Loma Prieta Earthquake. Reassigning existing, as well as hiring new staff, Mr. Powers was responsible for creating the Earthquake Recovery Work Unit, a fully functioning contract Building Department of clerical, permit technicians, plan checkers, field inspectors, code enforcement officers, planners, geotechnical engineers and a Deputy Building Official. Contact: Mr. Mike Dever, Administrative Officer (408) 425-2821 PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 2 e e Citv of Berkelev. Mr. Powers was responsible for establishing the Building Department component of the One-Stop Permit Center, providing contracted permit tech, plan review and inspection services for rebuild applications submitted by the victims of the October, 1991, Berkeley Tunnel Fire disaster. Mr. Powers managed and performed many of the services provided under this contract. Contact: Mr. Gil Kelley, Planning Director (510) 644-6534 Cin' of Oakland. Mr. Powers was instrumental in establishing the City of Oakland's contract portion of the Community Restoration Development Center, the local special development application/review/approval/inspection division established following the disastrous Oakland Hills Fire of October, 1991. This Division was established to provide a single regulatory authority charged with regulating the rebuilding efforts in this fire ravaged section of the Oakland Hills, which lost over 255 single family dwellings. Mr. Powers' duties included preparing proposals and negotiating contracts; mobilizing approximately 30 contract staff, some working directly for Mr. Powers as employees, the balance retained under sub- consultant contracts to meet the City's minority and disadvantaged business contracting goals; developing procedures and handouts intended to streamline and standardize the permit process for applicants, designers and contractors. Contacts: Mr. Calvin Wong, Acting Assistant Director (510) 238-3102 Town of Corte Madera. Mr. Petersen was responsible for establishing a special contract Building Department division to process permit applications, review plans, and perform combination building inspections for the Corte Madera Town Center. This project included over 50 shops and a four-story office building, and was valued at more than $25 million dollars. This special building division operated full-time for more than two years. BUILDING DEPARTMENT ADMINISTRATION SERVICES City of Berkelev. From March through October, 1993, Mr. Powers provided special consulting services to the City Planning Department and Building Division. Under a contract with LP2A which began in March, 1993, Mr. Powers assisted the Planning Director and Chief Building Official in development and implementation of a series of activities, processes and procedures including: preparing current code adoption ordinances and City Council agenda reports; completing City's URM Hazard Reduction compliance program; developing a plan review status system for regular and accelerated plan check applications; preparing a procedures and quality control manual for public counter, plan check, etc., activities to standardize and reference routing processes and functions; studying and recommending changes to Division job classifications; and implementing recommendations of a recent Division study. PROPOS...\L TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 3 e e Citv of Foster Citv. Mr. Pcterscn providcd in-house temporary acting Building Official services to the City Community Development Department during the Chief Building Official's absence (e.g., vacations). Supplementing our on-going services to Foster City which included overflow and in-house plan review, Mr. Petersen provided technical direction to the Building Department staff; code interpretations; input to other City Departments with respect to Building Departmcnt issues; answers questions posed by applicants, contractors, and designers; and generally maintains the customer service orientation which has become an important component of the Building Department in Foster City. BUILDING PL.\N REVIE\V SERVICES LP2A provides complete building and safety plan review services activities to assist public agencies in their enforcement of Building, Mechanical, Plumbing and Electrical Codes; and State of California Energy and Handicapped Access Regulations. Over the past twelve years, Mr. Ken Petersen and Mr. Kevin Powers have been responsible for providing such services to many California public clients including the following: CLIENT SERVICES PROVIDED Alameda County American Canyon Belmont Berkeley Burlingame CA State University Capitol a Concord Corte Madera Cupertino Danville Davis East Palo Alto EI Cerrito Emeryville Eureka Foster City Fremont Gilroy Hercules Humbolt County Lake County Livermore Lodi Plan Review Plan Review Plan Review, Building Inspections Plan Review, Building Inspections Plan Review Plan Review Plan Review Plan Review Plan Review, Building Inspection Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Building Inspection Plan Review Plan Review Plan Review Plan Review, URM Inventory Plan Review PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 4 CLIENT Los Banos Los Gatos Manteca Marin County Milpitas Mountain View Napa Newark Novato Oakland Pacifica Palo Alto Petaluma Pinole Pitts burg Redwood City Richmond Rocklin Sacramento Sacramento County Salinas San Bruno San Carlos San Jose San Mateo San Leandro San Mateo San Mateo County San Ramon San ta Clara Scotts Valley Seaside South San Francisco Suison City Tiburon Tracy Union City Vallejo Walnut Creek e e SERVICES PROVIDED Plan Review URM Inventory Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review, Building Inspection, URM Inventory Plan Review Plan Review, Emergency Services Plan Review Plan Review, Zoning Plan Review Plan Review Plan Review Plan Review, Building Inspection Plan Review Plan Review Plan Review Plan Review Building Inspection Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review, Building Inspection Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 5 e e , BUILDING INSPECTION SERVICES Members of LP2A staff have managed and performed a variety of building inspection services for municipal clients. Typically, these services have been provided on large scale projects where full-time inspectors maintain job site offices, perform inspections, record inspection results, write correction notices and follow-up, and monitor special inspection activities. Following are descriptions of several inspection projects provided by our staff during, and prior to, their association with the firm. Citv of Salinas. LP2A was retained to provide full-time temporary building inspection services for the Salinas Valley Memorial Hospital Parking Garage, a locally permitted 250,000 square foot reinforced concrete structure. Responsibilities included keeping daily logs, monitoring special inspector and soil engineer activities, preparing correction notices, etc., as if a regular member of the City Inspection staff. Contact: Mr. Ray Campton, Chief Building Official (408) 758-7251 Citv of Berkelev. LP2A has been retained to provide building inspection services to the City of Berkeley's Condominium Conversion Ordinance program. Under this one-to-two year contract, we are providing investigation, permit issuance, and combination building inspection services to help ensure multi-family dwelling conversions to condominiums comply with specific Fire, Building and Life-Safety construction requirements of the ordinance. Contact: Mr. Xandy Grube, Senior Planner (510) 644-6534 Citv of Gilrov. Staff of LP2A provide part-time temporary combination inspection services to the City of Gilroy for a Kaufman and Broad subdivision of single family homes. Contact: Mr. Roger Ledesma, Assistant Fire Chief (408) 848-0430 Town of DanviLle. Staff of LP2A continue to provide full-time combination inspection services to the Town of Danville Planning Department for all project types. Beginning in July, 1993, LP2A still provides the equivalent of approximately 2.5 full-time combination inspectors, reporting daily at Town Hall and performing their duties as if regular members of Town staff. In addition to these inspection services, LP2A provides a significant amount of plan review services, including regular hours each week at the permit counter to assist with over-the-counter and routine plan check projects. Contact: Mr. Kevin Gailey, Chief of Planning and Building Mr. Clyde McMasters, Senior Building Inspector (510) 820-1080 PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 6 e e . Ci!v of San Ramon. LP2A provides a full-time Building Inspector/Code Enforcement Officer to the City of San Ramon. This contract inspector has worked directly for the Building Official for the past year. Contact: Mr. Donald Rhoades, Chief Building Official (510) 275-2254 PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPEcrION AND ADMINISTRATION SERVICES City of Dublin Page 7 e e PERSONNEL We have prepared a Project Organization Flow Chart which summarizes the following personnel (see Appendix). ON-SITE REGULAR PERSONNEL Buildinf! Official. It is proposed that Mr. Kenneth C. Petersen, Civil Engineer, ICBO Certified Plans Examiner and Building Inspector, be named Building Official for the City of Dublin. In this capacity, Mr. Petersen will be responsible for managing the day-to-day operations of the Plan Checking, Inspection, and Administrative services provided to the City. In addition, Mr. Petersen will perform plan checks and administrative functions on-site on a regular scheduled basis. Mr. Petersen is a Principal of Linhart Petersen Powers Associates and has been responsible for performing and managing several public agency plan checking and inspection contracts. Senior Buildinf! InsTJector. It is proposed that Mr. Bob White be named Senior Building Inspector for the City of Dublin. Mr. White has been the City of Dublin's Senior Building Inspector for twelve years and has agreed to continue in this capacity should LP2A be given the opportunity to provide these services to the City. Because of this experience, Mr. White clearly has a complete and thorough understanding of the City's operations and provides LP2A the ability to "hit the ground running" should we be chosen as the new contract firm. ADDITIONAL AVAILABLE PERSONNEL Because our offices are within two miles of Dublin City Hall, we have several local staff plan checkers and inspectors who are able, within minutes, to respond to additional personpower needs in the City of Dublin. LP2A's staff currently includes seventeen full- and part-time employees. Of this total, eight individuals perform the plan review services to our clients, six perform field inspections, and three are administrators in our office. Descriptions of several staff are included below; these represent staff that are available to assist in the delivery of services to the City of Dublin. Resumes are provided in the Appendix of this proposal for your review. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 8 e e Kevin Powers, P.E. Mr. Kcvin Powers, Civil Engineer and ICBO Certified Plans Examiner, is responsible for LP2A's plan revicw services; and will make sure that adequate resources are committed to plan review projects in Dublin, on as-needed basis, so that they are completed in a timely manner. In addition, Mr. Powers will be available as a back-up to Mr. Petersen in the role of Building Official. Mr. Powers has over twelve years of experience in building department activities as a worker and a manager, both as employee and as consultant. Frank Linhart, S.E. Mr. Frank Linhart is LP2A's Chief Structural Plan Checker. In this capacity, Mr. Linhart assists in the performance and management of complex structural plan reviews such as high-rise buildings, unusual or large industrial projects, upgrading of unreinforced masonry buildings, and complex structural systems. Mr. Linhart is a licensed Structural Engineer in the State of California and an ICBO Certified Plans Examiner. Talat Abbasi, P.E. Mr. Abbasi, Civil Engineer, has over twenty-five years of experience as a structural designer and plan reviewer. An accomplished structural plan checker, Mr. Abbasi also performs complete reviews for residential projects. Mr. Abbasi is a Registered Civil Engineer in the State of California; and an ICBO Certified Plans Examiner and Building Inspector. David Basinger, Architect. Mr. Basinger, a California licensed Architect and an ICBO Certified Plans Examiner, performs a variety of plan reviews: on-site in two client cities (Danville and Union City), as well as in our Pleasanton office for our overflow plan check clients. Val Dizitser. Mr. Dizitser, Engineer-In-Training and an ICBO Certified Plans Examiner, performs complete plan checks for all project types and sizes for most of our public agency clients. BiU Anderson. Mr. Anderson pcrforms building inspection services on a part-time as-needed basis in two of our client Cities: Berkeley, and Newark. He will be available as back-up to Mr. Petersen in the role of Building Official and as a building inspector. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECIlON AND ADMINISTRATION SERVICES City of Dublin Page 9 e e SUB-CONSULT ANTS LP2A does not intend to routinely utilize sub-consultants in a contract for Building and Safety Services with the City of Dublin. It is possible, though, for highly specialized plan check needs where complex mechanical, plumbing, electrical, and/or URM structural systems are proposed, that sub-consultants .!lli!Y be retained when authorized by the City Manager. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 10 e e PROJECT APPROACH AND STAFFING INTRODUCTION Linhart Petersen Powers Associates (LP2A) specializes in providing a full range of municipal building and engineering services. Our approach is to tailor the services to the particular needs of our clients, with special attention provided to the general public that we serve. It is our belief we can provide services which are second to none, constantly attending to scheduling and turnaround requirements and seeking feedback from our clients on a regular basis to fine-tune the service we provide. GENERAL APPROACH It is proposed that LP2A provide full- and regular part-time staff to perform the bulk of services required for Plan Checking, Inspection, and Administrative Services to the City of Dublin. A regular half-time Building Official will be available each morning to provide plan checking and administrative functions for the City. A full-time Senior Building Inspector will provide daily office hours and inspection duties. Additional as-needed staff will perform plan checks and inspections as higher workloads demand; these additional staff are comprised of experienced individuals who are already employed by LP2A and work out of our main office in Pleasanton, located less than two miles from Dublin City Hall. 1. Plan Checking In-House Plan Checking. It is anticipated that most plan checks will be performed by the Building Official during his regular morning hours in City Hall. On-site plan checks will include residential room additions and alterations, commercial tenant improvements, and other projects which can be performed in an expedited manner. Further, LP2A staff plan checkers can be available on an as-needed basis to assist the in-house plan check process; it is our intent to perform as much plan check at Dublin City Hall as possible to provide the best possible turn-around and service to permit applicants. Over-the-counter plan checking will be performed as workload allows and in accordance with service goals established between LP2A and the City. Plan Checking Turnaround Times. First checks normally have a five working day turnaround; re-checks have three working day turnarounds. Very large plan check projects such as regional malls may take two weeks for a first check turnaround. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRA nON SERVICES City of Dublin Page 11 e e 2.'. Inspections It is proposed that Building Inspections will be performed by Mr. Bob White. During periods of unusually heavy inspection demands, additional staff working out of LP2A's main office will be provided on an as-needed basis. It is anticipated that Mr. Bill Anderson will likely perform these additional as-needed inspections. 3. Other Duties LP2A understands that its staff will perform other duties such as Housing Code Enforcement, Zoning Enforcement matters as they relate to project approved plans, and review of business locations in conjunction with enforcement of local Business License Ordinances. STAFFING Buildim! Official. It is proposed that Mr. Kenneth C. Petersen, P.E., be named Building Official for the City of Dublin. Mr. Petersen will provide the administrative duties of this Department including (1) development and maintenance of workload and activity statistics; (2) coordination of all services provided by LP2A to the City; (3) preparation and presentation of reports requested by the City; (4) preparation assistance and monitoring of activities within approved budgets; (5) attendance at weekly Department Director meetings and City Councilor Commission meetings on an as-needed basis. In addition, Mr. Petersen will perform (1) on-site plan checking for all project types which, reasonably, can be performed in City Hall; (2) authorize issuance of permits which have met all requirements; and (3) and will calculate fees and provide assistance to City staff. Mr. Petersen will provide regular daily hours at City Hall, beginning at 8:00 AM and will be available until 12:00 noon, if needed. Mr. Petersen will attend meetings and perform other duties which have to occur at other times during the work day. In his absence, Mr. Anderson or Mr. Powers will be available to perform Mr. Petersen's duties. Senior BuiIdim! Inspector. It is proposed that Mr. Bob White be named the Senior Building Inspector for the City of Dublin. In this capacity, Mr. White will provide regular office hour(s) and will perform the requested inspections. It is anticipated that inspections will be performed on a "next day" basis or as otherwise directed by the City. Additional Plan Check and Inspection Support. Other regular members of LP2A's staff will assist on an as-needed basis with plan checks and inspections. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 12 e e F AtILITIES This proposal assumes that the City will provide office facilities within City Hall, including an office for the Building Official, cubicles for h.\'0 inspectors, a personal computer for the Building Official, typical office furnishings, telephones, applicable codes, supplies, and forms. PERMIT ISSUANCE LP2A has developed many procedures to track the timeliness of permit Issuance and identification of delays. We propose the following: 1. Every project should have a plan review tracking sheet with the plan review documents. This sheet will give all the essential information regarding the project, date submitted, date plan checked by each department, and any special comments. (See Appendix for sample.) 2. A master plan check log sheet should be used and updated by the Administrative Secretary. (See Appendix for sample.) CUSTOMER SERVICE In order to get feedback on the City's customer service, we propose that "Plan Review Services Surveys" by sent out to applicants after the plan review is completed. (See Appendix for survey form.) This form can also be modified to include building inspections. \Ve are also proposing that we develop counter handouts to assist and educate the public. an example of a handout would be on the energy conservation requirements for owner- designed residential additions (see Appendix). This handout gives all the information required along with the forms for compliance. This type of handout has many positive benefits, such as (1) informs the public; (2) achieves energy compliance; and (3) saves the homeowner money because an energy consultant is not required. This is just one of numerous handouts that LP2A has developed to assist the City and our clients. BUILDING DEPARTMENT POLICIES As issues come up relating to enforcement of the codes, we would prepare building policies. These policies would be used for uniform enforcement of the codes and would assist the public. For example, a policy could be prepared informing an applicant when building plans are required to be signed by a Registered Engineer/Architect. PROPOSAL TO PROVIDE BUILDING & SAFETY PLAN CHECKING INSPECTION AND ADMINISTRATION SERVICES City of Dublin Page 13 D'I LINHART PETERSEN POWERS ASSOCIATES PROJECT ORGANIZATION Building & Safety Services CITY OF IlUBLIN e e e e RESlTh1E KENl\TETH C. PETERSEN, P.E. LICENSES: Registered Civil Engineer, 1979, State of California, License No. C32062 Certified Plans Examiner, 1982, International Conference of Building Officials Certified Building Inspector, International Conference of Building Officials California Community College Teaching Credential, 1983 General Building Contractor, State of California, 1990 EDUCATION: Bachelor of Science, Civil Engineering, 1977 San Jose State University Associates of Arts, Natural Science, 1974 Ohlone College, Fremont, California \VORK EXPERIENCE: 1992 - Present Linhart Petersen Powers Associates - Pleasanton, CA Principal in charge of Plan Review, Building Inspec- tion, Existing Building Review, Lender Inspections, Expert Witness Testimony, Workshops and Seminars. DES Architects + Engineers - Fremont, CA Principal in charge of plan review, building inspection, energy, existing building review, lender inspection and expert witness testimony. 1978 - 1992 TEACHING EXPERIENCE: 1993 - Present College of San Mateo, San Mateo, CA Instructor for Uniform Building Code courses. Ohlone College, Fremont, CA Instructor for Drafting and Engineering courses. 1983 - Present SEMINAR AUTHOR AND INSTRUCTOR EXPERIENCE: 1992 - Present Workshops and seminars on the Uniform Building Codes. 1989 - Present Structural Basics for Building Inspection and Plan Review (two day seminars) Structural Provisions to the 1988 Uniform Building Code (one day seminar) 1990 - 1991 e e PROFESSIONAL AFFILIATIONS: Structural Engineers Association of Northern California International Conference of Building Officials American Society of Civil Engineers California Building Officials Association Western Construction Consultants Association SPECIAL EXPERTISE: Mr. Petersen has over eighteen years of plan review and building inspection experience in both the public and private sectors. Prior to joining Linhart Petersen Powers Associates as a principal in April, 1992, Mr. Petersen was a principal with DES Architects + Engineers for thirteen years in charge of plan review and building inspection for the firm's offices located in Redwood City, Fremont, Pleasanton, Oakland and Sacramento, California. Mr. Petersen was responsible for plan reviews and building inspections for up to 40 Building Departments for compliance with the Uniform Building Mechanical and Plumbing Codes, the National Electric Code, California Title 24 Energy Conservation Standards, Handicapped access regulations and local ordinances. e e .. RESUl\1E KEVIN M. POWERS, P.E. LICENSES: Registered Civil Engineer, State of California, License No. C33451 I.C.B.O. Certified Plans Examiner and Building Inspector EDUCA TION: Bachelor of Science, Civil Engineering University of California - Berkeley M.E. Structural Engineering and Structural Mechanics University of California - Berkeley ':YORK EXPERIENCE: 1992 - Present Linhart Petersen Powers Associates - Pleasanton, CA Partner in charge of Plan Review and Building Inspection Services 1987 - 1992 'Villdan Associates - Pleasanton, CA Division Manager of Building Services and Con struction Management Divisions in the Bay Area Regional Office City of Fremont - Fremont, CA Senior Plan Check Engineer (Assistant Building Official) and Plan Check Engineer Degenkolb and Associates - San Francisco, CA Structural Design Engineer 1981 - 1987 1979 - 1981 PROFESSIONAL AFFILIATIONS: International Conference of Building Officials Structural Engineers Association of Northern California California Building Officials - Member of Joint Fire Chiefs Committee, 1987 - 1988 SPECIAL EXPERTISE: Mr. Powers has had management and technical responsibility for building inspection and plan review services. In addition, he has managed the operations of Building Departments and their staff, which included activities such as plan review, permit issuance, building inspection, and zoning enforcement. Mr. Powers managed and helped create special development service departments for three jurisdictions to regulate reconstruction following natural disasters. These projects were funded through FEMA. e e .~ RESU1\1E FRANK J. LINHART, P.E. LICENSES: Registered Civil Engineer, 1979 State of California, License No. 31076 Registered Structural Engineer, 1981 State of California, License No. 2544 I.C.B.O. Certified Plans Examiner, 1994 EDUCATION: Bachelor of Science of Civil Engineering University of the Pacific, Stock.1:on, California \VORK EXPERIENCE: 1989 - Present Linhart Petersen Powers Associates - Pleasanton, CA Partner in Charge of Structural Consulting Services, Review of Existing Buildings, Expert Witness Testimony, and Financial Matters of the Firm. DES Architects + Engineers - Redwood City/Fremont, CA Project Engineer and Supervisor of Structural Design Services in the Fremont Office 1988 - 1989 1978 - 1987 Associated Professions, Inc. - Livermore, CA Department Head of Structural Engineering Shareholder PROFESSIONAL AFFILIATIONS: Structural Engineers Association of Northern California San Francisco Section American Society of Civil Engineers San Francisco Section SPECIAL EXPERTISE: Since 1985 Frank has consulted on Handicapped Access Regulations and Local ordinances for many of our clients. Since 1978, on-site reviews of Existing Buildings for compliance with State and local ordinances on the Seismic Safety Upgrade of Existing Buildings. Since 1985, Expert Witness Testimony on Buildings and Structural projects for the legal profession. e e RESUME ROBERT C. 'WHITE EDUCATION: Extensive coursework in a wide variety of code areas, including: Building, Plumbing, and Electrical Codes; Field and Combination Inspection techniques; Fundamentals, Nonstructural, and Advanced Plan Review; Electrical Inspection and Calculations; Wood Frame Construction; Nonresidential Disabled Access Standards; and various code update seminars. WORK EXPERIENCE: 1983 - Present Taugher and Associates - Dublin, CA Senior Building Inspector. Plan checking, permit coordination and processing, and combination inspection of commercial, multi-family, and single-family residential projects. 1978 - 1983 County of Alameda - CA Combination Inspector. Performed typical combination inspection activities plus completed a special assignments as project inspector for 99-Bed Mental Health Facility, and North County Courthouse Jail and Parking Structure projects. 1974 - 1978 Various Inspection and Supervising Activities Performed as municipal combination building inspector for Cities of Daly City and Petaluma and performed as Assistant Project Superintendent for a World War II Naval Housing project demolition and construction of new HUD low-income housing project. e e CONTRACTUAL SERVICES AGREEMENT 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 ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR 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 CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in exhibit B; or, if no 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. 3. FACILITIES. EQUIPMENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONTRACTOR 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. 4. GENERAL 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 ADMINISTRATION. This Agreement shall be administered by the CITY MANAGER. 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 10f2 6/20/95 1iF- --fl-~ ""'r ~ ~,~\,,(q 'l~.;;; ~ I' .. it; h ~; ~ fft. ~G\tih~Y ~ e e 9. NOTICES. 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: For: CITY OF DUBLIN a Municipal Corporation By: Mayor Attest: City Clerk Approved as to form: City Attorney For: Linhart Petersen Powers Associates By: Contractor AGREEMENT 20f2 6/20/95 e e EXHIBIT A Scope Of Services 1. Buildin~ 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 individual. The designation as Building Official shall include all duties and responsibilities assigned to this position through State and local laws and ordinances. 2. Buildin~ 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. CONTRACTOR 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 and 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: 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 scale projects this may not be possible and CONTRACTOR 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. 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. EXHIBIT A Page 1 e e b. Buildin~ 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 and/or 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 and/or 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 of projects 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, and/or civil abatement proceedings. 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: Staffing, 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. ExmBIT A Page 2 e e r ~ . 4. Reportin~/Public Information. CONTRACTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or 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 with Building & Safety process. 5. Collection 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. CONTRACTOR shall submit as appropriate information and recommendations on proposed adjustments to the adopted fee schedules. 6. Limitations (Avoidance of Conflicts). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project which requires any approval from the CITY. Building Official is required in accordance with Chapter 2.24 of the Dublin Municipal Code to file appropriate State of California FPPC Conflict of Interest forms. EXHIBIT A Page 3 e EXHIBIT B PAYMENT SCHEDULE e A. CITY shall pay CONTRACTOR for services rendered in accordance with the hourly rates stated in section B. CONTRACTOR 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. HOURLY 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 CommerciallIndustrial 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, CommerciallIndustrial 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 $ 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 extra, 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. E. 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 CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. 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. e e .. . 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. EXHIBIT C 1 of 1 6/20/95 e e " . EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. 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 CONTRACTOR 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: PERMITS: ETC. CONTRACTOR 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. 4. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR's rates as described in Exhibit B. (a) Minimum Scope ofInsurance. 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 0001 (Ed. 1/78) coverIng 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. 10f5 EXHIBIT D 6/20/95 e e (b) Minimum Limits ofInsurance.CONTRACTOR shall maintain limits no less than: 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 project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 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 $1 ,000,000 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 option of the CITY Manager or hislher 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 CONTRACTOR 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 CONTRACTOR; products and completed operations of the CONTRACTOR, 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. b. The CONTRACTOR'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. 20f5 EXHIBIT D 6/20/95 ,l e e .." ~.. . 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. 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 Employers 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 Liability. CONTRACTOR 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" basis at the discretion of the CITY Manager or his/her designee. 4. All Covera~es. 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. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII., except for professional liability. (t) Verification of Covera~e. CONTRACTOR shall furnish CITY with certificates insurance 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 of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements state herein. 30f5 EXHIBIT D 6/20/95 .' i e e · . 1\) . The CITY Manager of his/her designee may approve a variation 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. 5. CONTRACTOR NO. AGENT. Except as CITY may specify in writing, CONTRACTOR 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. ASSIGNMENT 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. CONTRACTOR 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 desire 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. 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 extent 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 extent they are caused by the negligent acts, errors, or omission of CONTRACTOR. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury 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 CONTRACTOR or subcontractors from liability under this paragraph. 40f5 EXHIBIT D 6/20/95 e ~ 1 o. GOVERNMENTAL REGULA nONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR 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, CONTRACTOR 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. All 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. 50f5 EXHIBIT D 6/20/95 ~ I Ji ~ e -- t . ,I !'- 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): Assi~ned 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 Mana~er. 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 and/or designee for prior approval. b. CONTRACTOR 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. g: 'ifinance lagreemntlsafety.doc EXHIBIT E 1 of 1 6/20/95