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HomeMy WebLinkAboutReso 070-92 Taugher BldgSvcsRESOLUTION NO.70- 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND TAUGHER & ASSOCIATES, INC. FOR BUILDING LAW ENFORCEMENT SERVICES WHEREAS, Taugher & Associates, Inc. first entered into an agreement on August 1, 1983, to provide Building Law Enforcement Services to the City of Dublin; and WHEREAS, the agreement identifies the fees to be charged in Exhibit "B"; and WHEREAS, the agreement allows an annual review and adjustment of fees charged by Taugher & Associates, Inc. and mutually agreed upon by the City; and WHEREAS, the City wishes to continue contracting for services from Building Official. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement by and between the City of Dublin and Taugher & Associates, Inc. as described in Exhibit 1 attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that the Mayor shall be authorized to execute the agreement on behalf of the City. PASSED, APPROVED AND ADOPTED this 9th day of June, 1992. AYES: NOES: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder None None ABSTAIN: None ATTEST: it CIier _ONTRACTUAL SERVICES AGREEML~ BUILDING & SAFETY SERVICES TAUGHER & ASSOCIATES THIS AGREEMENT is made at Dublin, California, as of July 1, 1992, by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Taugher & 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 Ao 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, EOUIPMENT 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. E are part of this Agreement. The special provisions set forth in Exhibit 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 cancelled by the City, upon thirty (30) days advance written notice. This Agreement may be cancelled by CONTRACTOR upon ninety (90) days advance written notice. AGREEMENT Page 1 of 2 7/1/92 9. NOTICES. Any written notice to CONTRACTOR shall be sent to: Taugher and Associates, Inc. 18681 Vineyard Road Castro Valley, CA 94546 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: Attest: For: CITY OF DUBLIN a mu ' cipal corporation / Approved as to form: City Attorney For: Taugher & Associates Victor L. Ta~ugher, Contractor AGREEMENT Page 2 of 2 7/1/92 EXHIBIT A SCOPE OF SERVICES 1. Building Official. The individual directly responsible for the performance of the duties of Building Official as set forth in this agreement shall be Victor L. Taugher, a California Registered Civil Engineer, License #9556, and Fire Protection Engineer License #911. Upon mutual agreement and at the sole discretion of the City Manager, 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. Building Inspection Services. CONTRACTOR shall enforce the provisions of the City's Building, Electrical, Plumbing, Mechanical and Housing Codes; the City's Zoning Ordinance; and related State laws. CONTRACTOR shall make such inspections and investigations as may be required to effect such enforcement and issue permits as are required by City's Ordinances and Codes. Such enforcement shall include the duties as set forth in the Municipal Code of the City related to the Building Official and in the performance of such work, the Contractor shall do the following: a. Plan Review. Review the plans prepared by or on behalf of applicants for compliance .with applicable Federal, State, and City ordinances and regulations. Building Official shall maintain close liaison with City's Planning Director in order that the appropriate requirements of the Zoning Ordinance are incorporated within such building plans. Building Official shall arrange review by other appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes, sanitation codes and health codes, and other regulatory agencies. When satisfied that the appropriate requirements of the City's codes have been met, Building Official shall issue permits as set forth in such codes. b. Building Inspection. Provide building inspection service during the course of construction of facilities to enforce compliance with the provisions of the applicable laws including State and 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. c. Housing Code Enforcement. Building Official shall enforce the City's 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. Zoning Enforcement. Building Official shall provide enforcement of related aspects of the City's Zoning Ordinance. Upon request by CITY, CONTRACTOR will make all necessary investigations and follow-up inspections to assure compliance with the Zoning Ordinance and the conditions of approval of various variances, conditional use permits, site reviews and other zoning approvals. Enforcement will include preparation of cases for citation hearings and criminal proceedings in municipal court. Exhibit A Page 1 of 2 e. Building Official shall perform other related activities as requested by the City. 3. Collection of Fees. All fees to be collected in connection with the carrying out of the functions set forth above, shall be collected by the CITY. CONTRACTOR shall review the appropriate ordinances and fee schedules in approved by the CITY, and shall compute the amount of such fees to be collected by the CITY. CONTRACTOR may submit information and recommendations on adjustments to adopted fee schedules. 4. Limitations (Avoidance of Conflicts). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project which requires any permit or approval from the CITY. Exhibit A Page 2 of 2 7/1/92 BASE HOURLY RATE. EXHIBIT B RATE SCHEDULE Building Inspector Inspection Plan Checking (Residential & Non-Structural Commercial & Industrial Plan Checking) Principal Building Official Inspection Plan Checking (Complex Residential, Commercial and Industrial Buildings) Supervision and Administration FEE RATE PER HOUR 54.00 54.00 54.00 85.00 85.00** This rate will be effective for the period beginning on July 1, 1992. The rates may be adjusted thereafter annually, as mutually agreed upon in writing by the CONTRACTOR and the CITY of Dublin. Supervision duties include review and coordination of work performed by Inspectors and clerical support staff. Administrative duties include City Council and Planning Commission meeting attendance when requested, meetings with applicants and developers, inter-agency coordination and coordination 'with Staff, development of office procedures, operations, etc. B. OVERTIME RATE. In the event that the Contractor is requested to perform services whereby an employee must work in excess of forty (40) hours in any one (1) week, the Contractor shall be compensated at 1 - 1/2 times the above hourly rates for each hour worked over forty. This shall. include in the event that there is an emergency requiring the services of the Building Official and the CITY is reimbursed for said services. Standard rates shall apply for CONTRACTOR attendance at Planning Commission and City Council Meetings. C. INSURANCE SURCHARGE. In addition to the hourly rates noted in Section (A) above, an insurance surcharge of $4.00 (four dollars) per hour shall be added to each hour of service rendered pursuant to this agreement. The cumulative total surcharge paid during the period from July 1st through June 30th shall not exceed $9,000.00 (nine thousand dollars). Once this limit is reached Contractor is entitled only to the base hourly rate. D. FREOUENCY OF BILLING/PAYMENTS. Contractor shall submit invoices on a monthly basis. discretion of CITY, other payment schedules may be considered. At the sole Exhibit B Page 1 of 1 v/ /92 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 Page 1 of 1 7/1/92 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term 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 his 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 for 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 ~his Agreement. 4. INSURANCE REOUIREMENTS. 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 of Insurance. as: Coverage shall be at least as broad 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 Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. less than: CONTRACTOR shall maintain limits no 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 Exhibit D Page 1 of 5 7/1/92 (c) (d) form ~ ~h 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· Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit. 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. 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 his/her designee either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. 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 limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is Exhibit D Page 2 of 5 7/1/92 (e) (f) (g) (h) b~dght, except with respect tu the limits of the insurer's liability. Workers' Compensation and Employers Liability Coverage. 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. 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. In the event Services pursuant to this agreement are terminated by either party, Contractor hereby agrees to maintain Professional Liability Insurance through July 31st, following the date upon which notice of termination is provided. Further obligations of the parties related to Professional Liability are described in Exhibit E (Special Provisions.) 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled 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. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII., except for professional liability. Verification of Coverage. 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 its 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. 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 stated herein. The City Manager or his/her designee may approve a variation in those insurance requirements upon a determination that the Exhibit D Page 3 of 5 7/1/92 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. 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. 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. 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. 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. HOLD HARMLESS AND RESPONSIBILITY 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 by the CITY, on account of the performance or character of the work, 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, employees and agents from and against any or all loss, liability, 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 covered by the negligent acts, errors, or omissions 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 Exhibit D Page 4 of 5 10. 11. 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. GOVERNMENTAL REGULATIONS. 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 State and Federal laws and regulations, including but not limited to laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. 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. Exhibit D Page 5 of 5 7/1/92 EXHIBIT E SPECIAL PROVISIONS The following provisions are hereby incorporated in the agreement by and between Taugher & Associates (CONTRACTOR) and City of Dublin (CITY): 1. Professional Liability Insurance Coveraqe. As provided in Exhibit D, CONTRACTOR shall provide Professional Liability Insurance coverage 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. Upon termination of this agreement, and upon termination of the Professional Liability Insurance as provided for in paragraph 4 (d) (3) of Exhibit D, CITY shall assume responsibility of claims investigations, administration, defense and payment of any claims, settlements or judgements which would otherwise have been the liability of CONTRACTOR pursuant to Exhibit D, paragraph 9. In consideration of CITY assuming this potential obligation CONTRACTOR has adjusted fees charged as shown in Exhibit B. 2. Subcontractor(s). The following terms and conditions are hereby agreed to by CONTRACTOR prior to the use by CONTRACTOR of subcontractors. a. Submittal to City Manaqer. The name, background and experience of any and every firm or individual to which any work outlined in this agreement is to be sub-contracted by CONTRACTOR must be submitted to the City Manager for his/her 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. Exhibit E Page 1 of 1 7/1/92