HomeMy WebLinkAboutItem 4.04 Building & Safety Svcs Agmt
~ G~~~ OF DU~~y
9~~~-;~%2 STAFF REPORT CITY C L E R K
C%~ DUBLIN CITY COUNCIL File #
~~~~FOU~'`°
DATE: April 5, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE Consultant Services Agreement with Interwest Consulting Group
Prepared By: Gregory A. Shreeve Sr., Building Official e~
EXECUTIVE SUMMARY:
The City Council will consider an agreement with Interwest Consulting Group to assist Staff with
Building and Safety Services on an as needed basis.
FINANCIAL IMPACT: ~ '
Sufficient funding has been provided in the Fiscal Year 2010-2011 adopted budget.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving an Agreement between
the City of Dublin and Interwest Consulting Group.
ubmitted By Rev d By
Community Development Director Assistant City Manager
Page 1 of 2 ITEM NO. ~ ~
DESCRIPTION:
The City of Dublin currently contracts with two consulting firms (Shums Coda Associates and
4Leaf, Inc.) for Building and Safety Services. Given the current workload and the City's
commitment to maintain current customer service levels, Staff recommends the addition of
Interwest Consulting Group to the list of consultants for plan review and inspection services.
The proposed resolution (Attachment 1 with consulting services agreement as Exhibit A)
approves the consulting services agreement with Interwest Consulting Group and authorizes
the City Manager to execute the agreement..
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable
ATTACHMENTS: 1) Resolution approving Consulting Services Agreement (with
Consulting Services Agreement between the City of Dublin and
Interwest Consulting Group as Exhibit A).
Page 2 of 2
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RESOLUTION NO. XX-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN
AND INTERWEST CONSULTING GROUP
WHEREAS, the City Council has directed Staff to move projects expeditiously, and hire
consultant firms when services are needed; and
WHEREAS, Staff has determined it necessary to hire technical support to provide quality
inspections and plan checks of new projects; and
WHEREAS, Interwest Consulting Group has demonstrated adequate ability to provide
specialized plan review services; and .
WHEREAS, Interwest Consulting Group will only perform work on a time and materials
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 Consulting Services Agreement and accompanying Exhibits, included as
Exhibit A to this resolution; 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
approve the agreement with the above mentioned consultant.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 5'h day of April 2011 by the following vote: .
AYES:
NOES: .
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
INTERWEST CONSULTING GROUP
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Interwest Consulting Group ("Consultant") as of April 5, 2011.
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.
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 the 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 Corsultant'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 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set for the in the
Payment Schedule attached as 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, attached as Exhibit A, 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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ATTACHMENT 1 TO
EXHIBIT A
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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:
¦ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
¦ The beginning and ending dates of the billing period;
¦ 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;
¦ 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;
¦ 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;
¦ 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 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.
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,
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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 ofithis 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
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.
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4.1 Workers' Compensation. Consultant shall, 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 aself-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 ofwhether aself-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.
,A: 4.2 Commercial General and Automobile Liability Insurance. E_
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 less 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 uhder 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 scope of coverage. Commercial general coverage shall be at least.as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition). Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability form CA 0001 (most recent edition)
Code 1 ("any auto"). No endorsement shall be attached limiting the coverage.
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
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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 ari 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 aril its officers, officials, employees and volunteers,
and that no insurance or se{f-insurance maintained by the City shat{ 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 se{f-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.
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.
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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: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.
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
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
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deductible orself=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 CoveracLe. 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.
4.4.7 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
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 exclusive remedy for . .
. Consultant's breach:
¦ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement; '
¦ 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
¦ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to
the fullest extent allowed by law, 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 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, 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 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
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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 {ndependent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not bean 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 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.
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.
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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 ninety (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
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
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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 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 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
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
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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, fora 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 unenforceab?e, 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.
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.
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City of Dublin and Interwest Inc. Page 11 of 13
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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 et 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 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: ,
Interwest Consulting Group
Attention: Michael Kashiwagi
9300 West Stockton Blvd
Suite 105
Elk Grove Ca, 95758
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
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City of Dublin and Interwest Inc. ~ _ Page 12 of 13
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100 Civic Plaza
Dubin, CA 94568
10.11 Integration. This Agreement, including the Scope of Work (Exhibit A); Payment Schedule
(Exhibit B) and Special Provisions (Exhibit C) attached hereto represents the entire and
integrated agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral. ,
For: CITY OF DUBLIN CONSULTANT
A Municipal Corporation
Joni Pattillo, City Manager Michael Kashiwagi, Municipal Services Director
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
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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 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 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 will
strive for a plan review period that does not exceed fifteen (15) days on large-scale
projects.
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 that does not exceed ten (10) days on large-
scale projects.
In the event that workloads hinder the timely completion of Plan Reviews, upon
authorization by the Building Official, Consultant may utilize off-site plan checking at
Consultant's office. Performance of said work shall be in accordance with the hourly rate
for such services as stated in this agreement and only upon approval of City.
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
Consulting Services Agreement between April 5, 2011
City of Dublin and Interwest Inc--Exhibit P, Page 1 of 3
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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 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 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 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 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. Fees for such services shall be negotiated on
an as-needed basis as approved by the City Manager orhis/her designee.
2. PROJECTIONS. On an annual basis and in conjunction with the City Budget process, Consultant
shall submit estimates of the projected quantities of each of the following for the coming year:
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.
3. 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 and Safety process.
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City of Dublin and Interwest Inc--Exhibit A Page 2 of 3
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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 client for a project thatregiaires any approval from the City.
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EXHIBIT B
Interwest Consulting Group
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 maybe considered.
Invoices 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 Building Inspector ~ $95.00
r _ (Includes oversight of Contract Inspectors,
monitoring of Inspections demand and a
knowledge /certification in
commercial / multi family building systems.)
2. Building Inspector II $85.00
(Includes knowledge and certification in commercial
building systems including structural, mechanical,
plumbing, and electrical systems.)
3. Building Inspector I $79.00
(Includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans.)
4. Plan Check Engineer $110.00
(As authorized by City Manager and/or designee.)
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City of Dublin and Interwest Inc., Exhibit B Page 1 of ~
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between Shums Coda
Associates (Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL/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 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 Consultant 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.
b. Consultant shalt 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.
c. The Consultant shall make contract personnel and Consultant 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.
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Consulting Services Agreement between April 5, 2011
City of Dublin and Interwest Inc. --Exhibit B Page 1 of 1