HomeMy WebLinkAboutReso 28-14 Consulting On-Call Svcs TRB + Assoc RESOLUTION NO. 28 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING CONSULTING SERVICES AGREEMENTS WITH TRB + ASSOCIATES INC., AND
WEST COAST CODE CONSULTANTS, INC., TO PROVIDE ON-CALL SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THOSE AGREEMENTS
WHEREAS, on November 25, 2013, the City Manager entered into an Agreement with TRB +
Associates and West Coast Code Consultants for overflow plan check services in an amount not to
exceed $40,000 (per DMC 2.360050); and
WHEREAS, funding allocated for the initial contract has been expended; and
WHEREAS, Staff is seeking to expand the list of on-call consultants to ensure that adequate
resources are available to continue the general processing of plan checks on an as-needed basis;
and
WHEREAS, the consultants will only perform work on a time and material basis; and
WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office as
to form.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby
approve Consulting Services Agreements with TRB + Consulting, Inc., and West Coast Code
Consultants, Inc. which are included as Exhibits A-B; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements
on behalf of the City.
PASSED, APPROVED AND ADOPTED this 18th day of March 2014 by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTES /2;4_
/ r
City Clerk
Reso No.28-14,Adopted 3-18-14, Item 4.4 Page 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
TRB+Associates,Inc. •
THIS AGREEMENT for consulting services Is made by and between the City of Dublin('City')and
TRB+Associates,Inc.(`Consultant")as of April 1,2014.
•
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or Inconsistency between the terms
of this Agreement and Exhibit A,the Agreement stall prevail. Consultant shall also conform to the
requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services The term of this Agreement shall begin on the date first noted above
• and shall end one year thereafter,except that this Agreement shall be automatically
. extended from year to year,unless the term of the Agreement Is otherwise terminated or
extended, as provided for in Section 8.
1.2 Standard of Performance. Consultant 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 Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial,first-class manner and shall conform to the
standards of quality normally observed by a pe rson practicing In Consultant's profession.
1.3 Assianment of Personnel. Consultant 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 reassignment of any such persons,
A9 9 Y P�
Consultant shall,Immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Mph Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2., COMPENSATION; City hereby agrees to pay Consultant the hourly sum set forth in the
Payment Schedule contained in Exhibit B,notwithstanding any contrary indications that may be contained
in Consultant's proposal or the Scope of Senvfces,for services to be performed and.relmbursa ble costs
Incurred under this Agreement In the event of a conflict between this Agreement and Consultant's
proposal,regarding the amount of compensation,the Agreement shall prevail City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement Consultant shall submit all invoices to City In the manner specified herein.
Except as specifically authorized by City,Consultant shall not bill City for duplicate services performed by
more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this •
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees,agents,and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 . invoices. Consultant shall submit invoices,not more often than once a month during the
term of this Agreement,based on the cost for services performed and reimbursable costs
incurred prior to the Invoice date. Invoices shall contain the following information:
f Serial identifications of progress bias;i.e,,Progress Bill No. 1 for the first invoice, •
etc.; •
f The beginning and ending dates of the billing period; •
f A Task Summary containing the original contract amount,the amount of prior
billings,the total due this period,the balance available under.the Agreement,and
the percentage of completion;
f At Cis option,for each work item In each task,a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work,the hours spent by each person,a brief description of the work,and
each reimbursable expense; .
f The total number of hours of work performed under the Agreement by Consultant
and each employee,agent,and subcontractor of Consultant performing services
hereunder,as well as a separate notice when the total number of hours of work by
Consultant and any individual employee,agent,or subcontractor of Consultant
reaches or exceeds 800 hours,which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
f The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments,based on invoices received,for
services satisfactorily performed,and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that compiles with all of the requirements
above to pay Consultant. .
2.3 Final Payment City shall pay the last 10%of the total sum due pursuant to this
Agreement within sixty(60)days after completion of the services and submittal to City of a
final invoice,if all services required have been satisfactorily performed.
2.4 Total Payment, City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra,further,or additional service pursuant to this Agreement.
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{
. In no event shall Consultant submit any Invokes for an amount In excess of the mandmum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior,to the submission of such an invoice by a properly
executed change order or amendment.
2.6 Hourly Fees. Fees for work performs:!by Consultant on an hourly basis shall not exceed
the amounts shown on the Payment Schedule,attached as Bxhtblt 8.
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2.6 Reimbursable Expenses, Reimbursable expenses,if any,are set forth in Exhibit B.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
Incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8,the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs arid
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services., The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein,Consultant shall,at its sole
cost and expense,provide a&facilities and equipment that may be necessary to perform the services
required by this Agreement City shall make available to Consultant only the facEfies and equipment listed
in this section,and only under the terms and conditions set forth herein.
City shall furnish physical facilities
such as desks,filing cabinets,and conference space,as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location,quantity,and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense,including but not limited to computer,long-distance telephone or other
communication charges,vehicles,and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant,at Its own cost and expense,shall procure'occurrence coverage"insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents,representatives,employees,and subcontractors.
Consultant shall provide proof satisfactory to City of such Insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
Insurance shall be included in the Consultant's lid Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
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subcontractor(s)and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers'Compensation. Consultant shall,at its sole cost and expense, maintain
Statutory Workers'Compensation Insurance and Employers Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability insurance shah be provided with limits of
not less than ONE MILLION DOLLARS($1,000,000.00)per acddeht in the alternative,
Consultant may rely on a self-Insurance program to meet those requirements,but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Detenriination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator.The Insurer, if
Insurance is provided,or the Consultant,If a program of self-Insurance is provided,shall
waive all rights of subrogation against the City and Its officers,officials,employees,and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended,voided,canceled by
either party,reduced in coverage or in limits,except after thirty(30)days'prior written
notice by certified mall,return receipt requested,has been given to the City.
4.2 Commercial General and Automobile Liability insurance.
4.2.1 General reog manta. Consultant,at its own cost and expense,shall maintain
commercial general and automobile liability insurance for the term of this .
Agreement in an amount not less than ONE MIWON DOLLARS($1,000,000.00)
per occurrence,combined single limit coverage for risks associated with the work
contended by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit Is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to,protection against claims arising from bodily and personal injury,
Including death resulting therefrom,and damage to property resulting from
activities contemplated under this Agreement,including the use of owned and non-
owned automobiles.
4.2.2 Minimum scone of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed.11/88)or Insurance Services Office form number GL 0002(ed.1/73)
covering compretensive General Liability and insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90)Code I Carry/lute). No
endorsement shall be attached limiting the coverage.
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers,employees,agents,and volunteers shall be covered
as Insureds with respect to each of the following:qty arising out of
activities performed by or on behalf of Consultant,Including the insured's
general supervision of Consultant products and completed operations of
Consultant;premises owned,occupied,or used by Consultant;and
automobiles owned,leased,or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or Its officers,employees,agents,or volunteers.
b. The insurance shall cover on an occurrence or an accident basis,and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and Its officers,officials,employees and volunteers,
and that no insurance or self-Insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting y ply provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees,agents,and volunteers.
e. An endorsement shall state that coverage shalt not be suspended,voided,
canceled b y either party,reduced In coverage or in hits,except after
thirty(30)days'prior wren notice by certified mail,return receipt
requested,has been given to the City.
4.3 Professional Liability Insurance. Consultant,at Its own cost and expense,shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS($1,000,000)covering the licensed professionals'errors
and omissions.
4.3.1 Any deductible or self-Insured retention shall not exceed$150,000 per claim.
4.3.2 An endorsement stall state that coverage shall not be suspended,voided,
canceled by either party,reduced in coverage or in limits,except after thirty(30)
days'prior written notice by certified mail,return receipt requested,has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of Interest clause.
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4.3.4 The following provisions shall apply If the professional liability coverages are
written on a claims-made form:
• a. The retroactive date of the policy must be shown and must be before the
date of the Agreement,
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work so long as commercially available at reasonable rates.
c. If coverage Is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement,Consultant
must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise,at the Consultant's sole cost and
expense,any extended reporting provisions of the policy,if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with Insurers with a Bests'rating of no less than A:VlI.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that Insurer to bind coverage on Its behalf. The City reserves the right to
require complete,certified copies of all required insurance policies,at any time.
4.4.3 Subcontractors. Consultant 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 stated herein.
4.4.4 Variation, The City may approve a variation in the foregoing insurance
requirements,upon a determination that the coverages,scope,limits,and forms of
such insurance are either not commercially avasable,or that the City's interests
are otherwise fully protected.
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4.4.6 Deductibles and Self-Insured Retentions. Consultant shall disclose to and •
• obtain the approval of City for the self-Insured retentions and deductibles before
•beginning any of the services or work called for by any term of this Agreement.
. During the period covered by this Agreement,only upon the prior express written
authorization of Contract Administrator,Consultant may increase such deductibles
or self-Insured retentions with respect to City,its officers,employees,agents,and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond,guaranteeing payment of loam.*and related investigations,claim
. administration,and defense expenses that is satisfactory In all respects to each of
them.
4.4.6 Notice of Reduction in Coverage, in the event thatany coverage required by
this section is reduced,limited,or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant Is notified of the
change in coverage.
':. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent acrd within the time
herein required,City may,at its sole option exercise any of the following remedies,which
are alternatives to other remedies City may have and are not the exclusive remedy for
• Consultant's breach:
f' Obtain such Insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement
f Order Consultant to stop wort under this Agreement or withhold any payment that
becomes due to Consultant hereunder,or both stop work and withhold any
payment,until Consultant demonstrates compliance with the requirements hereof;
and/or
f Terminate this Agreement
Section 5, JNDEMNIFICATION AND CONSULTANT'S RESPONSIBIUTIES. Consultant shall
Indemnify,defend with counsel selected by the City,and hold harmless the City and its officials,officers,
employees,agents,and volunteers from and against any and all losses,liability,claims,suits,actions,
damages,and causes of action arising out of any personal injury,bodily injury,loss of sirs,or damage to
property,or any violation of any federal,state,or municipal law or ordinance,to the extent caused,in whole
or in part,by the wilful misconduct or negligent acts or omissions of Consultant or Its employees,
subcontractors,or agents,by acts for which they could be held strictly iable,or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when(1)the inlay,loss of life,damage
to property,or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers,employees,agents,or volunteers and(2)the actions of Consultant or its employees,
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subcontractor,or agents have contributed in no part to the injury,loss of life,damage to property,or
violation of law. It is understood that the duty of Consultant to indemnify and hold harness includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement,Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services
under this Agreement Is determined by a cowl of competent jurisdiction or the California Public Employees
Retirement System(PERS)to be eligible for enrollment in PERS as an employee of City,Consultant shall
indemnify,defend,and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees,agents,or subcontractors,as well as for the
payment of any penalties and interest on such contributions,which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
8.1 Independent Contractor. At all times during the term of this Agreement,Consultant shall
be an independent contractor and shall not be an employee of City, City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City,state,or federal policy,rule,regulation,law,or ordinance to the contrary,Consultant
and any of its employees,agents,and subcontractors providing services under this
Agreement shall not qualify for or become entitled to,and hereby agree to waive any and
all claims to,any compensation,benefit,or any incident of employment by City,including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing,Consultant shall have no
authority,express or implied,to act on behalf of City in any capacity whatsoever as an
agent. Consultant shah have no authority,express or implied,pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
•
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity,Consultant and any subcontractors
khan comply with al applicable miss and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits, Consultant represents and warrants to City that Consultant and
its.employees,agents,and any subcontractors have all licenses,permits,qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees,agents,any subcontractors shall,at their sole cost and expense,keep in effect
at an times during the term of this Agreement any Dowses,permits,and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Ogoortunity. Consultant shall not discriminate,on the
basis of a person's race,religion,color,national origin,age,physical or mental handicap or
disability,medical condition,marital status,sex,or sexual orientation,against any
employee,applicant for employment,subcontractor,bidder for a subcontract,or participant
in,recipient of,or applicant for any services or programs provided by Consultant under this
Agreement Consultant shall comply with all applicable federal,state,and local laws,
policies,rules,and requirements related to equal opportunity and nondiscrimination in
employment,contracting,and the provision of any services that are the abject of this
Agreement,including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 90 days''written notice to City and shad
Include in such notice the masons for cancellation.
In the event of termination,Consultant shall be entitled to compensation for services
• performed to the effective date of termination;City,however,may condition payment of
such compensation upon Consultant delivering to City any or all documents,photographs,
computer software,video and audio tapes,and other materials provided to Consultant or
prepared by or for Consultant or the City In connection with this Agreement
8.2 Extension. City may,in its sole and exclusive discretion,extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
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written amendment to this Agreement,as provided for herein. Consultant understands and
agrees that,If City grants such an extension,City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement Similarly,unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a wrting signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
• Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence,experience,and specialized
• personal knowledge. Moreover,a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior.written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein,other than to the subcontractors noted
in the proposal,without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement,City's remedies shall included,but not be limited to,the following:
8.6.1 immediately terminate the Agreement;
8.6.2 Retain the plans,specifications,drawings,reports,design documents,and any
other work product prepared by Consultant pursuant to this Agreement
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant;or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 It Consultant had
completed the work. •
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,data, maps,
models,charts,studies,surveys,photographs,memoranda,plans,studies,specifications,
records,files,or any other documents or materials,In electronic or any other form,that
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• Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement It is understood and
agreed that the documents and other materials,Including but not limited to those described
• above,prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that,until
final approval by City,all data,plans,specifications,reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records, Consultant shall maintain any and all ledgers,books
of account,invoices,vouchers,canceled checks,and other records ordocuments
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement fora minimum of three(3)years,or for any longer period
required by law,from the date of final payment to the Consultant to this Agreement
9.3 Inspection and Audit of Records Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for Inspection,audit,
and/or copying at any time during regular business hours,upon oral or%widen request of
the City. Under California Government Code Section 8548.7,if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS($10,000.00),the
Agreement shall be subject to the examination and audit of the State Auditor,at the
request of City or as part of any audit of the City,for a period of three(3)years after final
payment under the Agreement
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys'Fees. If a party to this Agreement brings any action,including an action for
declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party maybe entitled. The court may set such fees in the same action or in a
•
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement,the parties agree that trial of such action shall be vested exclusively in the
state courts of California In the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement Is invalid,void,or unenforceable,the provisions of this Agreement not so
adjudged shalt remain in full force and effect. The Invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
• Agreement.
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10.4 No Implied Waiver of Breach, The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients,but none whose activities within
the corporate limits of City or whose business,regardless of location,would place
Consultant in a`conflict of interest,'as that term Is defined In the Political Reform Act,
• codified at California Government Code Section 81000 at seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial Interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now,nor has it been in the previous twelve(12)
months,an employee,agent,appointee,or official of the City. If Consultant was an
employee,agent,appointee,or official of the City in the previous twelve months,
Consultant warrants that it did not participate In any manner in the forming of this
Agreement. Consultant understands that,if this Agreement is made in violation of
Government Code§1090 etseq,the entire Agreement Is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement,Including
reimbursement of expenses,and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that,In addition to the foregoing,it
may be subject to cri minal prosecution for a violation of Government Code§ 1090 and,if
applicable,will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group,or
interview related to this Agreement,either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Chief Building Official
('Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Todd Bailey,P.E.LEED AP,CASp, MBA
TRB+Associates,Inc.
3180 Crow Canyon Place,Suite 216
San Ramon,CA 94583
Consulting Services Agreement between April 1,2014
City of Dubs and TRB+Associates,Inc Page 12 of 13
s 1
Any written notice to City shall be sent to:
City Of Dublin
Attention:City Manager
100 Civic Plaza
Dublin,CA 94568
10.11 Intearation. This Agreement,kick ding the Scone of Work(Exhibit Ay Payment Schedule
(5thlialligglAggiktergidialifabhich Exhibits are attached hereto and
incorporated herein,represents the entire and Integrated agreement between City and
Consultant and supersedes all prior negotiations,representations,or agreements,either
written or oral.
CITY OF DUBLIN CONSULTANT
Chris Foss,Acting City Manager • - Todd.Batley,PrUcipai
Attest:
Caroline Soto,City Clerk
Approved as to Form:
John Bakker,City Attorney
Consulting Services Agreement between April 1,2014
City of Dublin and TRB+Associates,Inc Page 13 of 13
EXHIBIT A
•
SCOPE OF SERVICES •
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce provisions of
the CITY'S Building,Residential,Electrical,Plumbing,Mechanical,Green Building Standards,
• Universal Design,Energy and Housing Codes;the City of Dublin%Zoning Ordinance;and related
State and local laws. Consultant shall make such inspections and investigations as may be
required to effect such enforcement and issue permits aware 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
Consultant shall do the following:
a. Plan Review. As directed by the Chief Building Official,review plans prepared
by or on behalf of applicants for compliance with the applicable Federal,State,and City
ordinances and regulations. Consultant shall maintain a close Raison with City Planning
Department Staff in order to insure that appropriate requirements of the Zoning Ordinance are
Incorporated within the plans submitted. Consultant 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.
Consultant will strive to complete the first plan check of plans submitted within ten(10)
business days of receipt of complete plans from the applicant. The goal agreed to by
Consultant will be to complete 95%of all complete submittals within the 10 day period. CITY
recognizes that on large-scale projects this may not be possible and Consultant will strive for a
plan review period which does not exceed fifteen(15)days on large-scale projects. The
Consultant shall notify the Chief Building Official if the first plan check will not be completed
within 10 business days.
Consultant will strive to complete all second or subsequent plan checks of plans submitted
within five(5)business days of receipt of complete plans from the applicant The goal agreed
to by Consultant will be to complete 95%of all complete submittals within the five(5)day
period. City recognizes that on large-scale projects this may not be possible and Consultant
will strive for a plan review period which does not exceed ten(10)days on large-scale projects.
The Consultant shall notify the Chief Building Official if the second or subsequent plan checks
will not be completed within 5 business days.
b. Building 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,Consultant shall provide prompt inspection for each project at the
• completion of the various stages of construction to determine compliance. Consultant shall
provide City Manager and/or designee with relevant background information on all assigned
Consulting Services Agreement between April 1,2014
City of Dublin and TRB+Associates, Inc-Exhibit A Page 1 of 2
inspection personnel prior to assignment under this Agreement Consultant 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 acceptability
of assigned inspection personnel. Consultant shall promptly identify alternate personnel in the
event bf a request by City Manager and/or designee.
In the event that Consultant requests a change th the assigned inspection Personnel,
Consultant shall bear the full cost of any training required to famiiarize the assigned personnel
with the current status of projects in the City. At the minimum this shall include a one-week
overlap with both inspectors. In the event that an assigned inspector is absent for a period of
greater than three concurrent workdays,the Consultant will provide a qualified temporary
replacement that is approved by the CITY.
c. Housing Code Enforcement Under the direction of the Chief Building Official,
Consultant 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 Califs adopts
revisions to any of the adopted codes during the term of this Agreement, Consultant shall
assist Chief Building Official in preparing the staff report and necessary ordinances in advance .
of the State mandatory implementation date.
a. f r . Consultant shall perform other related activities as requested by the
City,including Building Official services. Fee for such services shall be negotiated on an as
needed basis as approved by the City Manager or his designee.
2. REPORTING/PUBLIC INFORMATION, Consultant 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,Consultant may prepare staff reports for City Council,including but not limited to review
and adoption of related code updates. Consultant shall also assist with the preparation of
informational brochures designed to assist the public with the Building&Safety process.
4. COLLECTION OF FEES, M 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. If required,
Consultant shag submit as appropriate,information and recommendations on proposed City
adjustments to the adopted fee schedules,
5. LIMITATIONS(AVOIDANCE OF CONFLICTS). During the term of this Agreement,Consultant
shall not provide services to any client for a project,which requires any approval from the CITY.
Consulting Services Agreement between Aprit 1,2014
City of Dublin and TRB+Associates,Inc—Exhibit A Page 2 of 2
EXHIBIT B
•
PAYMENT SCHEDULE
•
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in
section B. Consultant shall submit Invoices,not more often than once per month,based upon the
work completed. At the sole discretion of the City,other payment schedules may be considered.
Invoice shall include an accounting of aA hours by classification and task. The format and
documentation included on the Invoice shall be subject to approval by the City Manager and/or
designs.
•
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs,including but not limited to a vehicle
and mobile field device(smart phone or laptop)compatible with the City's permitting system.
•
1. Supervising Building Inspector $103.00
(Includes oversight of Contract Inspectors,
monitoring of Inspections demand and a
' knowledge/certification In commercial/
multi-family building.)
•
2. Building Inspector III $94.00
(includes knowledge and certification in commercial
building ms including stuctural,
mechanical,
plumbing,and electrical systems.)
3. Building Inspectors II $84.00
(Includes inspection as wei as any plan checking
of Residential and Non-Structural Commercial/
industrial Plans.)
4. Building Inspectors I $58.00
(Includes Inspection of Residential buildings.)
5. Plan Checking(on or off site) $110.00
(As authorized by City Manager and/or designee.)
6. Certified Access Specialist $1.00
(An hourly surcharge Is permitted for each
Building inspector rate listed in this Exhibit
• . that holds an active CASp certification)
Consulting Services Agreement between April 1,2014
City of Dubin and TRB+Associates, Inc.—Exhibit B Page 1 of 1
r.°r ..
EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and TRB+Armes,inc and City
of Dublin(City):
ASSIGNED PgRSONNEL/SUBCONTRACTORS.
•
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of
personnel or use by Consultant 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 and/or designee for prior approval. .
b. Consultant Liable for Work of Subcontractors, Approval by the City Mangier of a
subcontractor shall not relieve Consultant of any liability for the work to be performed
pursuant to this Agreement,nor gall such approval infer any contractual relationship
between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by CONTRACTOR in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center(E.O.C.1. Contract personnel
will make a reasonable effort to report to the City of Dublin E.O.C.as soon as possible
following a local or regional emergency.
b. Consultant shall provide emergency oreoaredness training. All contract personnel shall
maintain at all times appropriate emergency training and certification,such as ATC-20
Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and contractor resources available for
emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant acknowledges that emergency response work may require variations in
work hours and assignments.
Consulting Services Agreement between DATE
City of Dublin and TRB+Associates,Inc.Exhibit C Page 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
West Coast Code Consultants,Inc.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ('City')and
West Coast Code Consultants, Inc.(`Consultant)as of April 1,2014.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A,the Agreement shall prevail. Consultant shall also conform to the
requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end one year thereafter,except that this Agreement shall be automatically
extended from year to year,unless the term of the Agreement is otherwise terminated or
extended,as provided for in Section 8.
1.2 Standard of Performance. Consultant 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 Consultant is engaged in the geographical area in
which Consultant practices its profession. .Consultant shall prepare all work products
required by this Agreement in a substantial,first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant 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 reassignment of any such persons,
Consultant shall,immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the
Payment Schedule contained In Exhibit B,notwithstanding any contrary indications that may be contained
in Consultant's proposal or the Scope of Services,for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, regarding the amount of compensation,the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shaft submit all invoices to City in the manner specified herein.
Except as specifically authorized by City,Consultant shall not bill City for duplicate services performed by
more than one person.
•
Consulting Services Agreement between April 1,2014
City of Dublin and West Coast Code Consultants Inc. Page 1 of 13
•
•
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees,agents,and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement
2.1 Invoices., Consultant shall submit invoices, not more often than once a month during the
term of this Agreement,based on the cost for services performed and reimbursable costs
incurred prior to the invoice date.- invoices shall contain the following information:
f Serial identifications of progress bills;i.e.,Progress Big No.1 for the first invoice,
•
etc.;
f The beginning and ending dates of the billing period;
f A Task Summary containing the original contract amount,the amount of prior
billings,the total due this period,the balance available under the Agreement,and
the percentage of completion;
f At City's option,for each work item in each task,a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work,the hours spent by each person,a brief description of the work,and
each reimbursable expense;
f The total number of hours of work performed under the Agreement by Consultant
and each employee,agent,and subcontractor of Consultant performing services
hereunder,as well as a separate notice when the total number of hours of wort by
Consultant and any individual employee,agent,or subcontractor of Consultant •
reaches or exceeds 800 hours,which shall Include an estimate of the time
necessary to complete the work described in Exhibit A;
f The Consultant's signature.
•
2.2 Monthly Payment. City shall make monthly payments,based on invokes received,for.
services satisfactorily performed,and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant
2.3 Final Payment., City shall pay the last 10%of the total sum due pursuant to this
Agreement within sixty(60)days after completion of the services and submittal to City of a
final invoice,if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to •
this Agreement City shall not pay any additional sum for any expense or cost whatsoever
• incurred by Consultant in rendering services pursuant to this Agreement City shall make
no payment for any extra,further,or additional service pursuant to this Agreement
Consulting Services Agreement between Apr111,2014
City of Dublin and West Coast Code Consultants Inc. Page 2 of 13
• In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the Payment Schedule,attached as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses,if any,are set forth in Exhibit B.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8,the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator. •
Section 3. FACILITIES AND EQUIPMENT., Except as set forth herein,Consultant shall,at its sole
cost and expense,provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section,and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks,filing cabinets,and conference space,as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location,quantity,and time of furnishing those facilities shall
be In the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense,Including but not limited to computer,long-distance telephone or other
communication charges,vehicles,and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant,at its own cost and expense,shall procure"occurrence coverage°insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by.the Consultant and its agents,representatives,employees,and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
Consulting Services Agreement between April 1,2014
City of Dublin and West Coast Code Consultants Inc. Page 3 of 13
subcontracto(s)and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 )Yorkers'Compensation., Consultant shaft,at Its sole cost and expense,maintain
Statutory Workers'Compensation insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability insurance shall be provided with limits of
not less than ONE MILLION DOLLARS($1,000,000.00)per accident In the alternative,
Consultant may rely on a self-insurance program to meet those requirements,but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
•
Labor Code shall be solely In the discretion of the Contract Administrator.The insurer,if
insurance is provided,or the Consultant,if a program of self-insurance is provided,shall
waive all rights of subrogation against the City and its officers,officials,employees,and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended,voided,canceled by
either party,reduced in coverage or in limits,except after thirty(30)days'prior written
notice by certified mail,return receipt requested,has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant,at its own cost and expense,shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not Jess than ONE MILLION DOLLARS($1,000,000.00)
per occurrence,combined single limit coverage for risks associated with the work
contemplated by this Agreement.If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit Is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to,protection against claims arising from bodily and personal injury,
Including death resulting therefrom,and damage to property resulting from
activities contemplated under this Agreement,inducting the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11188)or insurance Services Office form number GL 0002(ed.1113)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12l90)Code 1 Cany auto"), No
endorsement shall be attached limiting the coverage.
Consulting Services Agreement between April 1,2014
City of Dublin and West Coast Code Consultants Inc. Page 4 of 13
. i
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers,employees,agents,and volunteers shall be covered
as insureds with respect to each of the following:liability arising out of
activities performed by or on behalf of Consultant,including the insured's
general supervision of Consultant products and completed operations of
Consultant;premises owned,occupied,or used by Consultant;and
automobiles owned,leased,or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers,employees,agents,or volunteers.
b. The insurance shall cover on an occurrence or an accident basis,and not
. on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and Its officers,officials,employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees,agents,and volunteers.
e. An endorsement shall state that coverage shall not be suspended,voided,
canceled by either party,reduced in coverage or in limits,except after
thirty(30)days'prior written notice by certified mail, return receipt
requested,has been given to the City.
4.3 Professional Liability Insurance. Consultant,at its own cost and expense,shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS($1,000,000)covering the licensed professionals'errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed$150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended,voided,
canceled by either party,reduced in coverage or in limits,except after thirty(30)
days'prior written notice by certified mail,return receipt requested,has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
Consulting Services Agreement between April 1,2014
City of Dublin and West Coast Code Consultants Inc. Page 5 of 13
•
4.3.4 The following provisions shall apply if the professional liabihiy coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work,so long as commercially available at reasonable rates.
•
c. If coverage is canceled or not renewed and it is not replaced with another
•
claims-made policy form with a retroactive date that precedes the date of
this Agreement,Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise,at the Consultant's sole cost and
expense,any extended reporting provisions of the policy,if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements:
4.4.1 Acceptability of Insurers., Ai insurance required by this section is to be placed
with insurers with a Bests'rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete,certified copies of all required insurance policies,at any time.
4.4.3 Subcontractors. Consultant 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 stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing 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.
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City of Dublin and West Coast Code Consultants Inc. Page 6 of 13
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement,only upon the prior express written
authorization of Contract Administrator,Consultant may increase such deductibles
or self-insured retentions with respect to City,its officers,employees,agents,and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond,guaranteeing payment of losses and related investigations,claim
administration,and defense expenses that is satisfactory in all respects to each of
them.
•
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced,limited,or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
•
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
. or maintain any insurance policies or policy endorsements to the extent and within the time
herein required,City may,at its sole option exercise any of the following remedies,which
are alternatives to other remedies City may have and are not the exdusive remedy for •
Consultant's breach:
,f Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement
f Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder,or both stop work and withhold any
payment,until Consultant demonstrates compliance with the requirements hereof;
and/or
,f Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify,defend with counsel selected by the City,and hold harmless the City and its officials,officers,
employees,agents,and volunteers from and against any and all losses,liability,claims,sults,actions,
damages,and causes of action arising out of any personal injury,bodily injury,loss of life,or damage to
property,or any violation of any federal,state,or municipal law or ordinance,to the extent caused,in whole
or In part,by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors,or agents,by acts for which they could be held strictly liable,or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when(1)the injury,loss of life,damage
to property,or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers,employees,agents,or volunteers and(2)the actions of Consultant or its employees,
Consulting Services Agreement between April 1,2014
City of Dublin and West Coast Code Consultants Inc. Page 7 of 13
subcontractor,or agents have contributed in no part to the injury,loss of life,damage to property,or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless indudes the
duty to defend as set forth in Section 2778 of the Califomia Gull Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement,Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System(PERS)to be eligible for enrollment in PERS as an employee of City,Consultant shall
indemnify,defend,and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees,agents,or subcontractors,as well as for the
payment of any penalties and interest on such contributions,which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT. •
6.1 Independent Contractor. At ail times during the term of this Agreement,Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City,state, or federal policy,rule,regulation,law,or ordinance to the contrary,Consultant
and any of its employees,agents,and subcontractors providing services under this
Agreement shall not qualify for or become entitled to,and hereby agree to waive any and
all claims to,any compensation,benefit,or any incident of employment by City,including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing,Consultant shall have no
authority,express or implied,to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority,express or implied,pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the.State of California shay govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
•
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
• shall comply with all applicable rules and regulations to which.City is bound by the terms of
• such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees,agents,and any subcontractors have all licenses,permits,qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees,agents,any subcontractors shall,at their sole cost and expense,keep in effect
at all times during the term of this Agreement any licenses,permits,and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,on the
basis of a person's race,religion,color,national origin,age,physical or mental handicap or
disability,medical condition,marital status,sex,or sexual orientation,against any
employee,applicant for employment,subcontractor,bidder for a subcontract,or participant
in,recipient of,or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal,state,and local laws,
policies,rules,and requirements related to equal opportunity and nondiscrimination in
employment,contracting,and the provision of any services that are the subject of this
Agreement,including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement. -
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 90 days'written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination,Consultant shall be entitled to compensation for services
performed to the effective date of termination;City,however,may condition payment of
such compensation upon Consultant delivering to City any or all documents,photographs,
computer software,video and audio tapes,and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may,in its sole and exclusive discretion,extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
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•
written amendment to this Agreement,as provided for herein.•Consultant understands and
agrees that,if City grants such an extension,City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly,unless authorized by the Contract Administrator,City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
• parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence,experience,and specialized
personal knowledge. Moreover,a substantial inducement to City for entering into this •
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shalt not subcontract any portion of the
performance contemplated and provided for herein,other than to the subcontractors noted
in the proposal,without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
• provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant If Consultant materially breaches any of the terms
of this Agreement,City's remedies shall induded,but not be limited to,the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retake the plans,specifications,drawings,reports,design documents,and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant;or
8.6.4 Charge Consultant the difference between the cost to complete the work
described In Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,data,maps,
. • models,charts,studies,surveys,photographs,memoranda,plans,studies,specifications,
records,files,or any other documents or materials,In electronic or any other form,that
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Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials,including but not limited to those described
above,prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that,until
final approval by City,all data, plans,specifications,reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,books •
of account,invoices,vouchers,canceled checks,and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three(3)years,or for any longer period
required by law,from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection,audit,
and/or copying at any time during regular business hours,upon oral or written request of
the City. Under California Government Code Section 8546.7,if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS($10,000.00),the
Agreement shall be subject to the examination and audit of the State Auditor,at the
request of City or as part of any audit of the City,for a period of three(3)years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys'Fees. If a party to this Agreement brings any action,including an action for
declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
} 10.2 Venue. In the event that either party brings any action against the other under this
• Agreement,the parties agree that trial of such action shall be vested exclusively in the
state courts of California In the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid,void,or unenforceable,the provisions of this Agreement not so
adjudged shall remain in full force and effect The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.8 Use of Recycled Products. Consultant shall prepare and submit all reports,written
studies and other printed material on recycled paper to the extent it Is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients,but none whose activities within
the corporate limits of City or whose business, regardless of location,would place
Consultant in a"conflict of interest,"as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 of seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement: No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now,nor has it been in the previous twelve(12)
months,an employee,agent,appointee,or official of the City. If Consultant was an
employee,agent,appointee,or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that,if this Agreement is made in violation of
Government Code§1090 et.seq.,the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement,including
reimbursement of expenses,and Consultant will be required to reimburse the City for any
sums paid to the Consultant Consultant understands that,in addition to the foregoing,it
may be subject to criminal prosecution for a violation of Government Code§1090 and,if
applicable,will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group,or
Interview related to this Agreement,either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Chief Building Official
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Giiyan Senaratne, P.E.,S.E.,LEED AP, CASp
West Coast Code Consultants Inc.
2400 Camino Ramon,Suite 240
San Ramon,CA 94583
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Any written notice to City shall be sent to:
City Of Dublin
Attention:City Manager
100 Civic Plaza
Dublin,CA 94568 •
10.11 Integration. This Agreement,including the Scope of Work(Exhibit A);Payment Schedule
(Exhibit B)and Special Provisions(Exhibit C).Which Exhibits are attached hereto and
incorporated herein,represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations,representations,or agreements,either
written or oral.
CITY OF DUBLIN • CONSULTANT ;3
••
Mfr •c "'( , •
Chris Foss,Acting City Manager :j'G yan Senaratne,Principal
Attest:
•
.
•
Caroline Soto, City Clerk
Approved as to Form: •
•
John Bakker,City Attorney
•
•
1 .
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•
EXHIBIT A
SCOPE OF SERVICES
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce provisions of
the CITY's Building, Residential,Electrical,Plumbing,Mechanical,Green Building Standards,
Universal Design,Energy and Housing Codes;the City of Dublin's Zoning Ordinance;and related
State and local laws. Consultant 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
Consultant shall do the following:
a. Plan Review. As directed by the Chief Building Official,review plans prepared
by or on behalf of applicants for compliance with the applicable Federal,State,and City
ordinances and regulations. Consultant shall maintain a close liaison with City Planning
Department Staff in order to Insure that appropriate requirements of the Zoning Ordinance are
incorporated within the plans submitted. Consultant 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.
Consultant will strive to complete the first plan check of plans submitted within ten(10)
business days of receipt of complete plans from the applicant. The goal agreed to by
Consultant will be to complete 95%of all complete submittals within the 10 day period. CITY
recognizes that on large-scale projects this may not be possible and Consultant w81 str ve for a
plan review period which does not exceed fifteen(15)days on large-scale projects. The
Consultant shall notify the Chief Building Official if the first plan check will not be completed
within 10 business days.
Consultant will strive to complete all second or subsequent plan checks of plans submitted
within five(5)business days of receipt of complete plans from the applicant. The goal agreed
to by Consultant will be to complete 95%of all complete submittals within the five(5)day
period. City recognizes that on large-scale projects this may not be possible and Consultant
will strive for a plan review period which does not exceed ten (10)days on large-scale projects.
The Consultant shall notify the Chief Building Official if the second or subsequent plan checks
will not be completed within 5 business days.
b. Building 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,Consultant shall provide prompt inspection for each project at the
completion of the various stages of construction to determine compliance. Consultant shall
provide City Manager and/or designee with relevant background information on all assigned
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inspection personnel prior to assignment under this Agreement. Consultant 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 acceptability
of assigned inspection personnel. Consultant shall promptly identify alternate personnel in the
event of a request by City Manager and/or designee.
In the event that Consultant requests a change in the assigned Inspection Personnel,
Consultant shall bear the full cost of any training required to familiarize the assigned personnel
with the current status of projects in the City. At the minimum this shall indude a one-week
overlap with both inspectors. In the event that an assigned inspector is absent for a period of
greater than three concurrent workdays,the Consultant will provide a qualified temporary
replacement that is approved by the CITY.
c. Housing Code Enforcement. Under the direction of the Chief Building Official,
Consultant 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, Consultant shall
assist Chief Building Official in preparing the staff report and necessary ordinances in advance
of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City,including Building Official services. Fee for such services shall be negotiated on an as
needed basis as approved by the City Manager or his designee.
2. REPORTING/PUBLIC INFORMATION. Consultant 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,Consultant may prepare staff reports for City Council,Including but not limited to review
and adoption of related code updates. Consultant shall also assist with the preparation of
informational brochures designed to assist the public with the Building&Safety process.
4. 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. If required,
Consultant shall submit as appropriate,information and recommendations on proposed City
adjustments to the adopted fee schedules.
5. LIMITATIONS(AVOIDANCE OF CONFLICTS). During the term of this Agreement,Consultant
shall not provide services to any dient for a project,which requires any approval from the CITY.
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EXHIBIT B
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in
section B. Consultant shall submit Invoices,not more often than once per month,based upon the
work completed. At the sole discretion of the City,other payment schedules may be considered.
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 rates include all reimbursable or indirect costs,including but not limited to a vehicle
and mobile field device(smart phone or laptop)compatible with the City's permitting system.
•
•
1. Supervising Burllding Inspector $103.00
•
(Includes oversight of Contract Inspectors,
monitoring of Inspections demand and a •
knowledge/cert'iication•in commercial/
multi-family building.)
•
2. Building Inspector Ill $94.00
(Includes knowledge and certification in commercial
building systems including structural,mechanical,
plumbing,and electrical systems.)
3. Building Inspectors 11 $84.00
(includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans.)
•
4. Building Inspectors I $58.00
•
(Includes Inspection of Residential buildings.)
5. Plan Checking(on or off site) $110.00
(As authorized by City Manager and/or designee.)
6. Certified Access Specialist $1.00
(An hourly surcharge is permitted for each
Building Inspector rate listed in this Exhibit
that holds an active CASp certification)
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City of Dublin and West Coast Code Consultants Inc.--Exhibit B Page 1 of 1
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by West Coast Code Consultants Inc.
and City of Dublin(City):
ASSIGNED PERSONNEUSUBCONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of
personnel or use by Consultant 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 and/or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant 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.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by CONTRACTOR in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center(E.O.C.). Contract personnel
will make a reasonable effort to report to the City of Dublin E.O.C.as soon as possible
following a local or regional emergency.
training. All contract personnel shall
b. Consultant shall provide emergency preparedness pe
maintain at all times appropriate emergency training and certification,such as ATC-20
Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and contractor resources available for
• emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant adanowiedges that emergency response work may require variations in
work hours and assignments.
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