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HomeMy WebLinkAboutItem 4.08 BldgSafetyContrRev (2) . . . CITY CLERK File # [QII][f][Q]-[I][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 3, 1997 SUBJECT: Building & Safety Contract Services Review - Linhart, Petersen, Powers Associates (LP2A). (Report Prepared by Eddie Peabody, Jr., Community Development Director) EXIDBITS ATTACHED: A. Current Agreement with LP2A RECOMMENDATION: 1. Review Staff Report and Recommendations 2. Direct staff to conduct a costlbenefit analysis of consultant vs. staff operations by May, 1998. .,1 ~.f\?- FINA.NCIAL STATEMENT: See Report BACKGROUND: The City of Dublin has obtained services from the firm of Linhart, Petersen, Powers Associates (LP2A) for building inspection, plan checking and building code enforcement since July 1, 1995, under the provisions of an open ended contract. The City supports this contract with the provision of a full time Administrative Secretary position. The current agreement is attached as Exhibit A. Workload and Level of Service in 1997-98 Department workloads will increase dramatically in 1997-98. New construction in the residential and commercial fields in the City will necessitate more time for building permit processing, more inspection time and special plan checking services. During the next year, the following service levels anticipate the number of hours of service to rise to 7.580 hours. The base 1997-98 budget provides an increase of3.053 hours over 1996-97 levels. Inspection services will require 3 inspectors on a yearly basis. Staff Hours - Building Operations 1995-96 Budget 1996-97 Est. 1996-97 Projected 1997-98 Building Official Building Inspector(s) Special Inspection 900 2,100 1,000 3,100 1040 3,487 o 1,040 6,240 300 A brief history and projects for 1997-98 are as follows: - -.......-.-. - ----.-.-'- - ~ -- - - - -..............- - ~ - - - - - -- ~ - -............- - - -- COPIES TO: LP2A In-house distribution 4J3 ITEM NO. BUILDING & SAFETY DIVISION WORKLOADIPERFORMANCE MEASURES INDICATOR ACTUAL BUDGET ESTIMA TED ESTIMATED BUDGET 1996-97 1996-97 1997-98 1995-96 Building Valuation 20,566,185 $66,156,190 73,982,799 122,017,177 Penn its Issued 814 561 969 960 Inspections 3,400 3,100 7686 10,936 Dwelling Units Issued 41 211 394 748 Dwelling Units Finaled 0 200 304 552 Contract Cost* 245,000 275,000 275,000 $445,900 Contract Cost Per Inspection $60.15 $88.71 $35.78 $40.77 . *Specific inspection only (Chief Building Official, Inspectors and special plan checking) Significant Projects Anticipated in the Coming Year include: · K & B California Creekside - Eastern Dublin · Continued work on K & B Donlan Canyon - Western Dublin · Continued work on Hansen Hill - Western Dublin · Entertainment/Theater - Hacienda Drive · Opus Creekside Industrial - Arnold/Gleason . BJ Dublin Commercial - Dublin Blvd. · Villas at Santa Rita -Dublin Blvd. · Shea Homes - Multi-Family - Dougherty Road In addition, Building & Safety will be updating public information handouts, host three seminars for homeowners/contractors on home improvements and complete FEMA Implementation for Flood Control . Mapping. Specialized services will be provided for detailed plan review of complicated buildings (theater, large multi family projects) and on-site inspection services for a hotel and large theater complex at Hacienda Crossings. If an automated building permit computer program is implemented, LP2A will provide a halftime clerk for building permit data en-tFy. Qualitv of Performance Building and Safety services are provided at the public counter and City personnel handle general questions during regular business hours (8-5 p.m.). The Building Official is available 8-12 daily and two inspectors are available from 8-10 each day to answer questions and issue permits of a complicated nature. Customer service response cards have been available at the counter during the entire year. Some response cards were received concerning staff performance regarding hours, service, employee attitude and overall building services. All responses were favorable and comments generally were responsive to the service rendered. One example received noted "Working with the staffwas great. Good job", while another noted "Very helpful and professional, along with friendly". In addition, LP2A has completed the update of the Flood Control and Flood Zone Program (FEMA) for Dublin on time, as well as devoting considerable time in technical and homeowner seminars to answer homeowner's concerns regarding this program over the past year. Staff would rate LP2A's performance as excellent this year. . 2 . . . ,Cost Effectiveness of Contract In the past, the City Council has reviewed the cost effectiveness of a contract arrangement for this service. Earlier work done in 1994 identified that a cost savings was achieved with a contract arrangement. This study indicated the contract arrangement with a part-time Building Official was adequate to meet current needs and that any recommendation of contract/in-house services should be reconsidered when a full-time Building Official staffing was warranted. Fiscal year 1997-98 projects indicate the need for 1040 hours of Building Official services and 6,540 hours of inspection/plan check time. This workload does not require a full-time Building Official at this time. It is important to note that this level of service normally would indicate that another costlbenefit analysis should be done regarding City versus contract services. To justify starting a City program, there should be a 3 year revenue projection that can demonstrate the financial advantage of this action. To set up a City operation for 1997-98 would require hiring a full time Building Official and 3.5 inspectors at costs approaching $400,000 to $500,000. The 1997-98 projected budget of $445,900 for Building Official, Inspector time and special plan checking services as proposed by LP2A remains cost effective, however, a costlbenefit analysis of consultant/staff operations for Building & Safety based on three year revenue projections should be undertaken before adoption of the 1998-99 budget. Rates Present contract rates (1996-97) are as follows: Senior Inspector $55 hourly Off-site plan-checking $65 hourly Building Official $80 hourly Office Assistant $35 hourly No increase in contract rates is proposed for 1997-98. RECOMMENDATION: Staffwould continue to recommend that the City continue to contract with LP2A for FY 1997-98 and direct staff to conduct a cost/benefit analysis of consultant vs. staff operations by June, 1998. g:agenda\97\6.3 ccbd 3 - e-..- - - e:..-.., '.&: .-~_.: _W.. . e . CONTR~CTUALSER\~CESAGREE~ffi~T BUILDING & S.AFETY SERVICES . THIS AGREEMENT is made at Dublin, Califomi~ as of July 1, 1995, by and between the CITY OF Dul3LIN, a Municipal Corporation ("CITY"), and Linhart Petersen powers Associates ("CONTR.~CTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTR.~CTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. ') PA rlvfENT. 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 Exillbit B shall be the only payments to be made to COr-./fR..A.CTOR for services rendered pursuant to this Agreement. CONlRACTOR shall submit all billings for said services to CITY in the manner specified in exhibit B; or, ifno manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTR;.CTOR uses for billing clients similar to CITY. ,- 3. FACILITIES. EQUTPlvfENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONlRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services purswmt 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. GE1\.TERAL 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. _ __this Agreement. - - -- --- ~ The special provisions set forth in Exhibit E are part or --.. - - ~ -- - . ~ , 6. EX1-llBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. ~ONTR.ACT ADMTNJSTR.A TION. This Agreement snall be administered by the CITY M..A.NAGER. All correspondence shall be directed to or through the CITY M..A.NAGER or his or her designee. 8. JERM OF AGREEMENT. This Agreement shall be effective until terminated. This Agreement may be canceled by the City, upon thirty (30) days advance written notice. Tnis Agreement may be canceled by CONTR..~CTOR upon ninety (90) days advance written notice. / AGREEMENT 1 of2 n 10- FXi-iP.~'TA "GfIIIII . ~ f CJt ~ 9. NOTICES. Any written notice to CONTRACTOR shall be sent to: Linhart Petersen Powers Associates Attention: Kenneth C. Petersen 5798 Stoneridge Mall Rd. #201 Pleasanton, CA 94588 ".', ."'... '., Any Mitten 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: Atte For: CITY OF DUBLIN a Municipal COIporation By;~j~ ayor ... ...... .. c.L Approved as to form: ~A.7i. hk City Attorney For: Linhart Petersen Powers Associates -c- ;::::: -==: By: 4 ~. _ '" Contractor ~ ~ .GREEMENT ~ of2 120/95 .! . .... .-',- EXHIBIT A Scope Of Services Building- Official. The individual directly responsible for the perfonnance of the duties of Building Official as set forth in this agreement shall be Kenneth C. Petersen, P .E., a California Registered Civil Engineer, License #C32062. Upon mutual agreement and at the sole discretion of the City Manager and/or designee, CONTRACTOR may substitute other individuals in the above capacity as responsible individual. The designation as Building Official shall include all duties and responsibilities assigned to this position through State and local laws and ordinances. Building Inspection and Plan Check Services, CONTRACTOR shall enforce provisions of the City's Building, Electrical, Plumbing, Mechanical and Housing Codes; the City of Dublin Zoning Ordinance; and related State and local laws. CONTR..o,.CTOR shall make such inspections and investigations as may be required to effect such enforcement and issue pennits 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 follov.ing: e-:-- .::.:~~::.+. .,;. .". ." -~ ....~-_:~ ~ . a. Plan Review. Review all plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Building Official shall maintain a close liaison with City Planning Department Staff in order in order to insure that appropriate requirements of the Zoning Ordinance are incorporated 'within the plans submitted. Building Official shall coordinate the submittal of plans and receipt of comments from other appropriate agencies having jurisdiction in such matters relative to enforcement offire codes, sanitation codes, health codes, hazardous material regulations, and other regulatory agencies- CONTRACTOR will strive to complete the first plan check of plans submitted with five (5) business days of receipt of complete plans from the applicant The goal agreed to by CONTRACTOR will be to complete 95% of all complete submittals within the 5 day period. CITY reco~~_th:3.t 9-~ large scal~_projects this may not be possible and . -- CON1'Ri\CTOR will strive for a plan review period which does not exceed ten (10) days on large scale projects. "When Building Official is satisfied that the appropriate requirements of all applicable laws and codes have been met, Building Official shall issue permits as set forth in such codes. In the event that workloads binder the timely completion of Plan Reviews, upon authorization by the City Manager and/or designee, CONTRACTOR may utilize off-site Plan Checking at CONTRACTOR office. Performance of said work shall be in accordance with the hourly rate for such services as stated in this agreement and only upon approval of CITY. EXlITBIT A b. Buildinv rn~pection. 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, CONTR.4.CTOR shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. CONTAACTOR shall provide City Manager and/or designee 'With relevant background information on all assigned inspection personnel prior to assignment under this agreement. CONTAACTOR shall assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with CITY standards. City Manager and/or designee shall determine notify Building Official of acceptability of assigned inspection personnel. CONTR.A.CTOR shall promptly identify alternate personnel in the event of a request by City Manager and/or designee. In the event that CONTR..A.CTOR 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 ofprojects in the City. At a minimum this shall include a one week overlap with both inspectors. c. Housinv Code Enforcement. Building Official shall enforce the City Housing Code by investigation of complaints regarding sub-standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings. .:;' .... d. Presentation of Code Updates. In the event that the State of California adopts revisions to any of the adopted codes during the term of this agreement, Building Official shall be responsible for preparing the Staff report and necess~ ordinances in advance of the State mandatory implementation date. e. Other Duties. Building Official shall perform other related activities as requested by the City. Proiections. On an annual basis and in conjunction with the City Budget process CON1RA.CTOR 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 Dot be a guaranteed number of hours of . service under this agreement Initially it is expected that the Building Official shall typically be ':_':-:,.':_ available from 8:00 a.m. to 12 noon on all City Business days. -;'.'_" E:x::HIBIT A Paoe 2 .,-.. . -.' 4. 5. e.'.' . .... . .. Rep0rtin!ZIPublic Information. CONTR..A.CTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required Building Official shall prepare staff reportS for City Council, including but not limited to review and adoption of related code updates. CONTRACTOR shall also assist with the preparation of informational brochures designed to assist the public v.-;th Building & Safety process. Collection of Fees. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this agreement, shall be collected by the CITY. CONTRACTOR shall review the appropriate ordinances and fee schedules adopted by the City Council, and shall compute the amount of fees to be collected by the CITY. CONTRACTOR shall submit as appropriate information and recommendations on proposed adjustments to the adopted fee schedules. .>...:-. Llmitations (A voidance of Confllct8). During the term of this Agreement, CO:N"lRACTOR shall not provide services to any client for a project which requires any approval from the CITY. Building Official is required in accordance with Chapter 2.24 of the Dublin Municipal Code to file appropriate State of California FPPC Conflict of Interest forms. ~_r__' __.r~._.- --- --",....-.- _--.---'~_. _ ~~ n_ _ r_' _..r_.'_~'_'~_ --" .-. -- - .- -- . .-" - ~ -' . .6 EXHIBIT A EXHIBIT B .. PAYJ\1ENT SCHEDULE e.'. :.".: A.. CITY shall pay CONTRACTOR for services rendered in accordance with the hourly rates stated in section B. CONTRi\CTOR shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the CITY other payment schedules may be considered. Invoice shall include an accounting of all hours by classification and task. The format and documentation included on the invoice, shall be subject to approval by the City Manager and/or designee. B. H01JRLYRATES: The following hourly rates include all reimbursable or indirect costs, including but not limited to a vehicle. Senior Building Inspector (Includes Inspection as well as any plan checking of Residential and Non-Structural CommerciallIndustrial Plans.) Off-site Plan Checking (As authorized by CitY Manager and/or designee) Fire Code Plan Checking (As authorized by City Manager and/or designee) Buildino- Official ' l:> (Includes Plan Checking of Complex Residential, ComrnercialJIndustrial Buildings and Supervision! Administration. In the event the Building Official conducts inspections the rate charged shall be the same as the rate shown for Senior Building Inspector.) ... $ 55.00 $ 65.00 $ 65.00 ... . 0.: ....-.. $ 80.00 The hourly rates stated in Section B above, shall be the total which the CITY shall pay for the . services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extr~ further or additional sef'\~ice 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 CONTRA..CTOR for all outstanding costs incurred as of the date of written notice thereof and shall .'::"'~::.:.'.::'.:." tennmate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTR.A.CTOR 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. .'.... .... .,-.-.. .. . _."-. .... EXHIBIT C 1. Facilities for Records. The City shall provide an office for conducting the duties set fon..'" 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 Depa.llTI1ent function as mutually agreed upon by CITY and CONTRA.CTOR EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the terms of this Agreement, CONTR4.CTOR 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 CONTR.o..CTOR'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: PERMTTS: ETC. CONTRA..CTOR represents and warrants to CITY L,1at he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTR.o..CTOR represents and wa..-rants to CITY that CONTRACTOR shall, at this sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required to CONTRACTOR to practice his profession. 3. TI:ME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTR-\CTOR's obligations pursuant to this Agreement. ~. .'.:": fi th .d.d" :Srn;-~NCE RE~U1REMENTS. teOl NTRA..fi CTOR. shall procure andd maintaitn, ... or e ura' on 0 e contrac insurance agains c aims or injunes to persons or amages 0 propeny 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. - Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed.l/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or insurance equivalent to Insurance-' SerVices Office Commercial General Liability. coverage ("occurrence" form CG 0001), as detennined by the City Manager and/or designee. 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covenng Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. I 0[5 ~ EXHIBIT D lJ 6/20/95 . .' ..... -- - ... ~-' ~. -...... .,:,.., , (b) Minimum Limits ofInsurance. CONTRi\CTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY Manager of City of Dublin. At the optiqp of the CITY Manager or hislher designee either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTR.4.CTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. contain, the following provisions: The policies are to contain, or be endorsed to 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR., premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or . borrowed by the CONTRACTOR The coverage shall contain no special imitations on the scope of the protection afforded t6 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. AI1y insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 20f5 EXHIBIT D 6!20/95 c. Any failure to comply with reporting provisions of the policies shall not- affect coverage provided to the CITY, its officers, officials, employees or volunteers. ... d. The CONTRACTOR'S insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Emplovers Liahilitv Covera~e. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRA.CTOR for the CITY. 3. Professional Liability. CONTRi\CTOR 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" basi.? at the discretion of the CITY Manager or hiSlher designee. 4. 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.. (e) Acceptabilitv 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-ofCoveraze. CONTRACTOR shall furnish CITY with certificates insurarice and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on this. behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements state herein. . 30f5 .-:_::.+ EXHIBIT D 6. 0/ ~ h) , The CITY Ma.TJ.ager of hislher designee may approve a variation in those insurance requirements upon a detennination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. Said approval of variation must be in writing. ..., 5. CONTR-\CTOR NO. AGENT. Except as CITY may specify in 'writing, CONTRA.CTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTAACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROffiBlTED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect, unless said assignment is approved in writing by CITY. 7. PERSO]\TNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such person(s), CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. ST A1\TDA.RD 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. ~A.ll instruments of service of whatsoever nature which CONTR.A..CTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, :first class and workmanlike manner and confonn to the standards of quality nonnally observed by a person practicing in CONTR.A..CTOR's profession. 9. BOLD HARMTJESS AND RESPONSIBLE OF CONTRA.CTORS. CO},rrR.A.CTOR 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 ex-tent they are predicated op. active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, expense, claim costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work to the ex-tent they are caused by the negligent acts, errors, or omission of CONTRA..CTOR. 'This paragraph shall Dot be construed to exempt the CITY, its employees ~d officers from its ovm 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 Dot 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 ::;':-::'::--: CONTRA.CTOR or subcontractors from liability under this paragraph. 40[5 EXHIBIT D 10. GOVERN"MENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONlRA.CTOR shall comply ",lith all applicable rules and regulations to which CITY is bound by the tenns of such fiscal assistance program. ..6Jso, in performing the services to be provided pursuant to this Agreement, CONTRACTOR shall comply with all applicable laws and regulations whether State or Federal, which are applicable to the performance of work hereunder, including but not limited to laws and regulations; prohibiting discrimination based on race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex; when applicable laws related to payment of prevailing wages; and laws requiring injury and illness prevention programs. 11. DOCUMENTS. lJl 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. 1'- 50f5 EXHIBIT D .:.-'- ,. .. .... . . .:.... e.-.. . - ~. _0-. . .' e..- ~ . - . .. .".-.. ~.- .. ~. ~ .7 e EXHIBIT E SPECIAL PROVISIONS The follov..ring provisions are hereby incorporated in the Agreement by and between Linhart Petersen Powers and Associates (CONTRACTOR) and City of Dublin (CITY): Assi pned Per~onnel/Subcontractors. The rollowing terms and conditions are hereby agreed to by CONTR..~CTOR prior to the assigwl1ent of personnel or use by CONTRACTOR of subcontractors. a. Submittal to City Mana2'er. The name, background and experience of any and every fL.-:nl or individual to which any work outlined in this Agreement is to be performed must be submitted to the City Manager andJor designee for prior approval. b. . CONTRACTOR Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not relieve COl\TfRACTOR of any liability for the work to be perfon:ned pursuant to this Agreement, nor shall such approval infer any contractual relationship betV-.'een CITY and any subcontractor. g: Vi=r~ Iagreemnr~iel)..doc J1> EXHIBIT E 1 of 1