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HomeMy WebLinkAbout4.02 Bldg SafetySvc4LeafCITY CLERK FILE #600-30 AG EN DA STATEME NT CITY COUNCIL MEETING DATE: May 1, 2001 SUBJECT: Approval of a contract with 4Leaf, Inc. for Building & Safety Services Report Prepared by: Eddie Peabody Jr., Community Development Director ATTACHMENTS: Resolution approving contract with 4Leaf, Inc. RECOMMENDATION:\ 7/~ Approve new contract with 4Leaf, Inc. and authorize the ~ Mayor to sign on behalf of the City. FINANCIAL STATEMENT: In Fiscal Year 2001-2002 it is projected that 18,030 hours of inspection, plan check and specialized services will be required. Our present contractors LP2A and BJY have had problems in providing the City with necessary contract employees to meet this objective. Therefore, this necessitates staff to hire another Building and Safety Consultant. DESCRIPTION: Since July 1995, the City of Dublin has contracted with the firm LP2A for Building and Safety Services. Due to cyclical construction activity, the City has found that the contract arrangement best suits the City' s needs. Building inspection and plan check needs have increased dramatically since the economic upturn starting in Fiscal Year 1996-97. LP2A was able to provide the City with necessary contract employees up to 1999. In fiscal year 2000-2001, the City of Dublin contracted with a second firm BJY for Building and Safety Services due to the increase in construction activity. Based on projections for 2001-2002 and responses from both LP2A and BJY, the City needs to contract with another building Consultant regarding availability of new contract employees for commercial inspection services this fiscal year. RECOMMENDATION: Staff recommends that the City retain the services of 4Leaf, Inc. to provide Building and Safety Services to the City of Dublin in FisCal Year 2001/2002 and that the City Council authorize the Mayor to execute the agreement. g:agenda/2001/4-17 cc bldg contract COPIES TO: Bldg. Consultants ITEM NO. RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH 4LEAF, INC. ON AN AS NEEDED BASIS FOR OVERFLOW SERVICES IN THE BUILDING & SAFETY SERVICES DIVISION RELATED TO INSPECTION SERVICES WHEREAS, the City of Dublin is experiencing significant increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastem Dublin, the need to retain outside consultant firms is necessary; and WHEREAS, Staff has determined it necessary to hire technical support to provide quality inspections and plan checks of new projects; and WHEREAS, Staff has determined it necessary to hire 4LEAF, Inc. to provide expertise in commercial inspection due to increase in construction activity; and " WHEREAS, the City of Dublin Planning Commission and City Council has directed Staff to move projects expeditiously, and hire consultant firms when services are needed, and WHEREAS, 4LEAF, Inc., has demonstrated they have adequate ability to provide commercial inspection services; and WHEREAS, consultants will only perform work on a time and material basis at the direction of the Community Development Director; and WHEREAS, all costs will be charged to the Community Development Department budget in accordance with costs associated with certain projects; and WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the new contract with 4LEAF, Inc. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 1~t day of May, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2/G/5-1-01/reso-41eaf. doc (Item 4.2) EXHIBIT A Scope of Services BUILDING INSPECTION AND PLAN CHECK SERVICES. CONTRACTOR shall enforce provisions of the CITY's Building, Electrical, PlUmbing, Mechanical and Housi.ng Codes; the City of Dublin's Zoning Ordinance; and related State and local laws. CONTRACTOR shall make .such inspections and investigations as may be required to effect such enforcement and issue permits as are required by the CITY's Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Building Official as set forth in the Dublin Municipal Code, and in the performance of such work the CONTRACTOR shall do the following: a. Plan Review. As directed by the Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Contractor 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. Contractor shall coordinate the submittal of plans and receipt of comments from other appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes, sanitation codes, health codes, hazardous material regulations, and other regulatory agencies. CONTRACTOR will strive to complete the first plan check of plans submitted within ten (10) business days of receipt of complete plans from the applicant. The goal agreed to by CONTRACTOR will be to complete 95% of all complete submittals within the 10 day period. CITY recognizes that on large-scale projects this may not be possible and CONTRACTOR will strive for a plan review period which does not exceed fifteen (15) days on large-scale projects. In the event that workloads hinder the timely completion of Plan Reviews, upon Authorization by the Building Official, CONTRACTOR may utilize off-site Plan Checking at CONTRACTOR' S office. Performance of said work shall be in accordance with the hou~y rate for such services as stated in this agreement and only upon approval of CITY. 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, CONTRACTOR shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. CONTRACTOR shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this Agreement. CONTRACTOR shall assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with CITY standards. City Manager and/or designee shall determine acceptability of assigned inspection personnel. CONTRACTOR shall promptly identify alternate personnel in the event of a request by City Manager and/or designee. In the event that CONTRACTOR requests a change in the assigned Inspection Personnel, CONTRACTOR shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At 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 CONTRACTOR will provide a qualified temporary replacement that is 'approved by the CITY. Page 3 of 12 g: agen da/01/41 eafagree2 agree 7/1/01 c. Housing Code Enforcement. Under the direction of the Building Official, CONTRACTOR 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 ~alifomia adopts revisions to any of the adopted codes during the term of this Agreement, CONTRACTOR shall assist Building Official in preparing the staff report and necessary ordinances in advance of the State mandatory implementation date. e. Other Duties. CONTRACTOR 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. PROJECTIONS. On the annual basis and in conjunction with the City Budget process, CONTRACTOR shall submit estimates of the projected: Staffing, Permit Fees, and Construction Activity, which will affect the provision of services under this Agreement. Given the inability to precisely predict building activity, these projections are for planning purposes only and there shall not be a guaranteed number of hours of service under this Agreement. REPORTING/PUBLIC INFORMATION. CONTRACTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required, CONTRACTOR may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. CONTRACTOR shall also assist with the preparation of ' informational brochures designed to assist the public with the Building & Safety process. COLLECTION OF FEES. All fees coilected 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, CONTRACTOR shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules. LIMITATIONS (AVOIDANCE OF CONFLICTS). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project, which requires any approval from the CITY. Page 4 of 12 g: agenda/01/4leafagree2 agree 7/1/01 A, Bo EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR for services rendered in accordance with the hourly rates stated in section B. CONTRACTOR shall submit invoices, not more often than once per.month, based upon the work completed. At the sole discretion of the CITY other payment schedules may be considered. Invoice shall include an accounting of all hours by classification and task. The format and documentation included on the invoice, shall be subject to approval by the City Manager and/or designee. HOURLY RATES: The following rates include all reimbursable or indirect costs, including but not limited to a vehicle. 1. Sr. Building Inspector $78.00 (Includes oversight of Contract Inspectors, monitoring the inspection demand and ensuring that staffing is in place for the workload.) 2. Commercial Inspector $75.00 (Includes knowledge and certification in commercial building systems including structural, mechanical, plumbing, and electrical systems.) 3. Building InspectOrs $66.00 (Includes Inspection as well as any plan checking of Residential and Non-Structural Commercial/ Industrial Plans.) 4. Off-site and on-site Plan Checking (As authorized by City Manager and/or designee.) $78.00 The hourly rates shown in Section B above, shall be the total which the CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing and authorized by the City Manager and/or designee. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to 'verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Page 5 of 12 g: agenda]01/4leafagree2 agree 7/1/01 A late charge equal to 1.5% of the delinquent amount will be added every month, starting the first day after 45 days from the date the City receives a complete and accurate invoice for services. Page 6 of 12 g:agenda/01/41eafagree2agree 7/1/01 EXHIBIT C 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, CONTRACTOR shall assemble such records customarily maintained by a City Building Departmere, as directed by the Building Official. Such records shall, at all times, be the property of the City of Dublin. Page 7 of 12 g:agendaJO 1/41earagree2 agree 7/1/01 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the terms of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY- shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means of which CONTRACTOR accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at this sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required to CONTRACTOR to practice his profession. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonable necessary for satisfactory performance of CONTRACTOR's 'obligations pursuant to this Agreement: INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from oi- in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees of subcontractors. The cost of such insurance shall be included in the 'CONTRACTOR's rates as described in Exhibit B. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or insurance equivalent to Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ), ad determined by the City Manager and/or designee. , 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 Califomia and Employers Liability Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit. Page 8 of 12 g: agenda/01/4leafagree2 agree 7/1/01 (C) (d) 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 optionof 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, 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 insurers as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, .leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special imitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b, The CONTRACTOR's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR' s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. The CONTRACTOR's insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's 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 the Agreement. Said coverage may be provided on a "claims made" basis at the discretion of the City Manager or his/her designee. Page 9 of 12 g: agendaJ01/4leafagree2 agree 7/1/01 , All Coverages. - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail has been given to the CITY. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII., except for professional liability. (f) 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 this behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insurers under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements state herein. (h) The City Manager or his/her designee may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY' s interests are otherwise fully protected. Said approval of variation must be in writing. 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. Page 10 of 12 g:agendaJ01/41eafagree2 agree 7/I/01 10. 11. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated unforeseen difficulties, accidents, occurrences or other causes to the extent they are predicat. ed on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, expense, claim costs (including costs of defense), suites, and damages of every kind, nature and description directly or indirectly arising from the performance Of the work to the extent they are caused by the negligent acts, errors, or omission of CONTRACTOR. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful of negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 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 laws and regulations whether State or Federal which are applicable to the performance of work hereunder, including but not limited to laws and regulations; prohibiting discrimination based on race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex; when applicable laws related to payment of prevailing wages; and laws requiring injury and illness prevention programs. 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. Page I1 of 12 g: agenda/01/4leafagree2 agree 7/1/01 EXHIBIT E SPECIAL PROVISIONS The following provisions are hereby incorporated in the Agreement by and between 4LEAF, INC. (CONTRACTOR) and City of Dublin (CITY): ASSIGNED PERSONNEL/SUBCONTRACTORS. The following terms and conditions are hereby agreed to by CONTRACTOR prior to the assignment of personnel or use by CONTRACTOR of subcontractors. a, Submittal to City Manager. The name, background and experience of any and every firm or individual to which any work outlined in this Agreement is to be performed must be submitted to the City Manager and/or designee for prior approval. b, CONTRACTOR Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not relieve CONTRACTOR of any liability for the work to be performed pursuant to this Agreement, nor shall such approval infer any contractual relationship between CITY and any subcontractor. 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. CONTRACTOR shall provide emergency preparedness training. All contract personnel shall maintain at all times appropriate emergency training and certification, such as ATC-20 Damage Assessment Training and Certification. The CONTRACTOR shall make contract personnel and contractor resources available for emergency response at the same hourly rates and conditions specified in this contract. d, The CONTRACTOR acknowledges that emergency response work may require variations in work hours and assignments. Page 12 of 12 g:agendaJ01/4leafagree2 agree 7/1/01