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Item 8.3 Bldg-Saf-LP2A Review (2)
AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 21 , 1999 CITY CLERK FILE # 440-30 SUBJECT: Annual Review of Building & Safety Service Contract with Linhart, Petersen and Powers Associates(LP2A) and Approval of Job Classification, Management Position, Salary Plan and Recruitment for an In-House Chief Building Official for the City of Dublin. Report Prepared by: Eddie Peabody Jr., Community Development Director ATTACHMENT: 1. Historical Data 1995-1999, with 1999-2000 cost estimates 2. Curr6nt Agreement with LP2A 3. Proposed Agreement v~;ith LP2A 4. Resolution Amending the Management Positions Exempt from Competitive Service Resolution 5. Resolution Amending the Classification. Plan of the City of Dublin and Create a Job Classification for a Building Official position. 6. Resolution Amending the Salary Plan of the City of Dublin. RECOMMENDATION: Approve continuation of contract with LP2A for contract Building and Safety Services with fee increases for Building Inspection Services and authorize the Mayor to sign on behalf of the City. Adopt Resolution Amending the Management Positions Exempt from Competitive Service Resolution (Attachment 4). Adopt Resolution Amending the Classification Plan of the City of Dublin and Create a Job Classification for Building Official (Attachment 5) Adopt Resolution Amending the Salary Plan of the City of Dublin (Attachment 6). Authorize the Recruitment of an In-House Chief Building Official. g:agenda/99/8-17 bidg insp review COPIES TO: LP2A ITEM NO. FINANCIAL STATEMENT: No fee increase has been given to LP2A since contract i'ncei3hon iri July 1995. It is appropriate to grant a $5 increase per hour for building inspection services (from $55 to $60) given four years with no increase. 1999-2000 hours for inspection and plan check services are estimated at 13,980 hours. Any increase in the 1999-2000 budgeted amount of $908,700 due to increased costs of extra inspection or contract costs will be monitored and any changes reported at the mid-year budget review. If a City Building Official is hired, the LP2A contract, which included funds for a Building Official will be will be reduced as necessary. DESCRIPTION: Since July, 1995, the City of Dublin has contracted for Building and Safety services with the firm of LP2A. Due to cyclical construction activity, the City has found that the contract arrangement best suits the needs of the City. Building inspection and plan check needs have increased dramatically since the economic upmm starting in Fiscal Year 1996-97. Some of the more significant projects in 1999-2000 include: · Pulte Homes · ' Dublin Ranch · Tassajara Meadows I & II · Greenbrier · Archstone · K & B Dimanto · Summerhill Homes · · · · · · · · GM Automall Shamrock Center Emerald Point Tenant Improvements Microgenies Corrie addition Home Depot Axea 3 commercial - Marriott Contract Evaluation: Given the large workload (approx. $262,988,592 in building value) during 1998-99, the firm has received numerous positive responses on the City's Customer Service cards over the past year. The work of LP2A has been exemplary and responsive to the City's needs. Customer requests on the phone and over the counter have been handled quickly and efficiently given the remarkable workload of the past fiscal year. Most aspects of the contract relationship have been accomplished satisfactorily with the exception of securing a permanent contract-Chief Building Official by the consultant and recent concerns over the ramaround of plan check comments. For the past nine months, the City has not had afull time Chief Building Official (CBO) due to the fact that LP2A has been unable to provide an acceptable consultant CBO to the City. The present economic boom and demand for building and safety employees by various California municipalities has made it difficult to recruit experienced building officials by consultant firms such as LP2A. Most current building officials with municipal experience want to remain as employees of public agencies. LP2A has not been able to meet the particular needs of the City, although great effort has been made. Since 1995, L~P2A has operated under the original contract hourly charge rate of $55 for Inspection Services and $65 for Plan Check Services. Given the passage of four years with no rate increase, and inflation during this time, it is appropriate to consider a rate increase for Building Inspection Services at this time, with a full review of service costs to be completed at the time of 2000-2001 budget review. A $5 per hour increase is currently recommended, and it is expected that the increased costs (Oct. 1999 - June 2000) can be absorbed within the $908,700 1999-2000 budget, especially if an in-house Chief Building Official is secured in place of Consultant Services now budgeted for this position. Since the departure of Stephart Kiefer in November 1998, the City has not had a permanent Chief Building Official. During the past fiscal year, Ken Petersen of LP2A spent some 480 hours of Building Official services and the Community Development Director has increased his time spent on Building issues to nearly 900 hours directly attributed to the Building operation. Many more hours could have been spent on Building Official duties. As a result, turn around times for completion of plan check reviews, and handling of day to day building issues were delayed given the large work load. In-House Chief Building Official Given the inability of LP2A to provide sufficient Building Official hours, Staff would like to attempt to recruit an in-house Building Official. Given the market conditions, there is no guarantee that the City would complete a successful recruitment; however, Staff would like to pursue this option. The amount budgeted for contract Building Official hours are adequate to cover all costs associated with a City employee. LP2A would continue to provide plan checking and inspection services including a full time Senior Inspector, Senior Plans EXaminer and 4½ full time inspectors. Additional outside Plans Examiner services performed at LP2A's Pleasanton office will also be required for complicated commercial projects. Enclosed for Council consideration is a resolution amending the Management Positions Exempt from Competitive Service Resolution, (Attachment 4); a resolution amending the Classification Plan of the City of Dublin (Attachment 5) to create an in-house position of ChiefBuilding Official, and a resolution amending the Salary Plan of the City (Attachment 6) and set a salary range and approve the recruitment for this position. A full time Chief Building Official is essential to handle the volume and complexity of the work now being performed in this activity. Attachment 1 provides a summary of historical workload data and shows the assumptions used in estimating service needs. Recommendation: Staff recommends that the City Council: Approve continuation of the LP2A contract for Building and Safety Services; and approve an increase of $5 per hour for Building Inspection Services and authorize the Mayor to sign the new contract. Adopt' resolutions that a) Amend the Management Positions Exempt from Competitive Service Resolution (Attachment 4); b) Amend the Classification Plan of the City of Dublin (Attachment 5), and create a job classification for Building Official; c) Amend the Salary Plan of the City of Dublin (Attachment 6): and Authorize the Recruitment of an In-House Chief Building Official. WORKLOAD & PERFORMANCE MEASURES " ."i~triU3r~c~'AND S~i~'~,T~r ....:'.." .'. :...::'...~sTomC.A.T~ DAT.A... ~.' ,. ......... ACTUAL ............ ' .......... ESTIiMATED=:ESTII~IATED ~? "' ESTIMATED ' 1997-98 .' '1997-98' ' 1998'99 "' "1999'2000 · 'Building Valuation Permits Issued Inspections Dwelling Units Issued Dwelling Units Finaled $112,364,423 $232,626,817 $262,988,592 $236,487,340 1,020 1,076 1,387 1,499 13,075 17,339 18,223 22,198 724 568 811 921 323 681 327 1,285 POSITION CBO Plan Review Sr. Building Inspector Building Inspectors (4.5) Outside/Special Plan Check TOTAL . 1999-2000 Budgeted Cost Estimates HOURLY RATE $65 $55 $55 $55 $65 HOURS/Est. TOTAL COST ESTIMATED 2,080 $135,200' 2080 $114,400 2080 $114,400 9360 $514,800 460 $ 29,900 ::::;: : 16,060 ·: $908,700 · *If the City establishes a permanent position for this job, all associated costs would be covered by the amounts identified in the 1999-2000 contract funding for LP2A. ATTACHMENT 1 ! 998 A3,fEND :~f.E~'VTS CONTK4~CTUAL SERVICES GR.EEM~NT A _ BLriLDFNG & SAFETY SERVICES TFE[S AGREEMENT is made at Dublin. Califo,-nh, as of Aprit 2', i998. by and between the CITY OF DUBLh'%'. a municipal Corporation CCITF'). and Linhart Petersen Powers Associates ("CONTRACTOR"). who agree as follows: Pa.ee 10r~ 3/i SERVICES. Subject to fie terms and conditions set fora in this Ag-reemezt, CONTRACTOR shall provide to CITY fie se~wices described in Exhibit A. CONTRACTOR shall provide said services at fiat fie, place and in fie manner speciSed in E,,d'zibit A. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Ex/:kibk B shall bg the only payments to be made to CONTRACTOR for services rendered pursuant to this Ageemem. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be speciSed in Exhibit B: then according to the usual and cuszomary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. FACILITIES. EOUIPIvFENT AND CLERICAL SLrPPORT. Except as set forth in EyZnibit C, CONTRACTOR shall, at ira sole cost and expense, furnish all facilities and equipment wkich ~ may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTtL~_CTOR only the facilities and equipment listed in E,xhibit C according to the term. s and conditions set forth in E,',zkibit C. GENEIL4.L PROVISIONS. The general provisions set for& in E,'dxibit D are part of this Agreement. tn the event of any inconsistency between said general provisions and an)' other terms or conditions of this A~eement. the other term or condition shall control insof.qr as it is inconsistent with the gener~ provisions. SPECIAL PROVISIONS. The special provisions set forth in Exhibit E are pan of this Am-cement. EXHIBITS. ?all e,'d~bits referred to herein are artached hereto and are by this reference incorporated herein. CONTRACT ADMINISTRATION. This Agreement shall be administered by the CITY 1V~,ANAGER. All correspondence shall be directed to or through the CITY NL~NAGER or his or her desiEmee- TERM OF AGREE~MENT. This Agreement sh~,d[1 be efm~ctive until terzinated. x'~-zis Agreement miy be canceled by the City, upon thirty, (30) days advance written notice. This Agreement may be canoeled by CONTRACTOR upon ninety (90) days advance w~tten notice. A=T ACHMENT NOTICES..,xmv v~,:irten notice to CONTtL~,CTOR shall be sent to: Linhart Petersen Powers Associates A~ention: Kerme~ C. Petersen 5798 Stoneridge Mall Rd., .!.'201 Pleasanton, CA 94588 .'-x-,ny wrfften notice to CITY shalI be sent to: Cit-.' of Dublin A~ention: City. Manager 100 Civic PI~'~ Dublin. CA 94568 Executed as o[the day first above stated: C Cld'k Approved as to . .- Cirb.' Attorney For: CITY OF DUBLiN' a Mticinal Cornoration For: Limbart PeTersen Powers Associates By:// x2 Contractor pr~g¢ 2 of 2 3/17,:98 (g:"gcmda\98'G,' 17 LP2A EX'm'BIT A Scope of Se,wices BUILDING OFFICIAL. The individuM directly responsible for the performance of the duties of Building Official-as set forth in this agreement shall be/vlr. Kenneth C. Petersen, P.E., a Califomia Registered Civil Engineer, License .'-'4C32062. Upon mutual ageement and at the sole discretion of the City Manager and/or designee, CONT_LA_CTOR 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'?s Zorig Ordinance; ~.nd related State and local laws. CONT1L~CTOR shall make such inspeetibns and investigations as may be required to ef-z~ct such enforcement and issue permits as are required by the CITY's Ordinances and duty adopted policies. Such enforcement shall include the duties related to the Building Official as set forth in the DubEra Municipal COde, rand in the performance of such work the CONTR_A_CTOR shall do the following: a. Plan Revie~v. Review all plans prepared by or on behaLf of applicants for compliance with the appiicable Federal, State, and City ordinances and regulations. Building Official shall maintain a close liaison with City Planning De=artment Stai~^ in order to insure that appropriate requirements of the Zoning Ordinance are incorporated within the ptaus submitted. Building Official shall coordinate the submittal 'of plans and receipt of comrnents from other appropriate agencies having jurisdiction in such matters relative to enforcement of~re codes, sanitation codes, health codes, haT~qrdous material regulations, and other regulatory agencies. CONTRACTOR will strive to complete the fzrst plan check ofptans submitted with five (5) business days of receipt of complete plans from the applicant. The goal agreed to by CONT/L~_CTOR will be to complete 95% of eli complete submittals within the 5 day period. CITY reco_zrizes that on large scale projects this may not be possible and CONTRACTOR will strive for a plan review period which does not exceed ten (10) d©,s on large scale projects. When Building Official is satisfied that the appropriate . requirements of all applicable laws and codes have been met, Building Ogrqcial shall issue permits as set forth in such codes. In the event that workloads hinder the timely completion of Plan Reviews, upon 'Authorization by the City. Manager and/or desig~ee, CONTRACTOR may utilize off-site PIg Checki_ng at CONTRA. CTOR office. Performance of said work shall be in accordance with the hourly rate for such services as stated in this ageement and only u.mon approval of CITY. b. Building InsOection. Provide building ir~spection services du.ring the course of construction of facilities to enforce compliance with the provisions of applicable iaws including City Ordinances and regulatior~s set forth on the plans for which the permit is EXHIBIT A 3/17/98 Page 1 issued. In the performance of such duties, CONTraCTOR shall provide prompt inspection for each project at the completion of the vm-ious stages of construction to determine compliance. CO1NTtLA. CTOR shall provide City Ms_naZer and/or designcc with rc!cvant background formation on all assigned inspection personnel prior to assignnucnt under this agreement CO1NTRACTOI{ shall assig~a competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this AZrccmcnt~ in accordance with CITY standards. City Manager and/or dcsigncc shall deternine notify Building Ofz~cial of acceptability of assigned inspection personnel. CONTtLA. CTOR shall pron!ptly identify alternate personnel in the event of a request by City Manager and/or designce. In the event that CONTRACTOR requests a change in the assig-ned Inspection Personnel, CON'TR.ACTOR 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 minireturn this shall include a one week overlap with both inspectors. c. Housin~ 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 chation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings. d. Presentation of Code Uodates. In the event that the State of California adopts revisions to any of the adopted codes during the term of this a~eemenr., Building O~cial shall be responsible for preparing the staff report and necessary ordinances in advance of the State mandatory implementation date. " e. Other Duties. Building Official shall pe~orm other related activities as requested by the City. PROJECTIONS. On the annual basis and in conjunction with the City Budget process CONTIL~.CTOR shall submit estimates oft he projected: Staing, Permit Fees, and ConsLruction Activity, which will ali~ct the provisions of services under this A~eement. Given the inability.' zo precisely preeiic~ building activity., these projections are for planning purposes only and there shall i not be a gumteed number of hours of service under this agreement. It is exmected that the Buildin~ OfrZciaI shall tvoicaltv be available from 9:00 a.m. to 4:00 m.m. on all City Business days. REPORTiNG/PUBLIC INFOR/VbkTiON. CONTRACTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this a~eement. Reports shall be in a format and as mutually ageed by the City Manager and/or designee. As required Building Official shall prepare staff reports for CiF Council, including but not Iirnited to review aLnd adoption of related code updates. CONTR_~CTOR shall also assist with the preparation of information brochures designed to assist the public with BuitdL'~g & Safeq process. COLLECTION OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set fo~'th in 'j3.is a~eemen% shall be collected by the CITY. CONT~A. CTOR shall review the appropriate ordinances and fee schedules adopted by the City EXHIBIT A 3 / 17/9 8 Page 2 Council, and shall compute the mount of fees to be collected by the CITY. CONTRACTOR shall submit as appropriate formation and recommendations on proposed adjustments to the adopted fee schedules. LI~LITATIONS (AVOIDANCE OF CONFLICTS). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project which resuires 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. g :planningkagendask3 - 17:x-z EXHIBIT A 3/17/9 8 Page 3 EXHIBIT B PA~[ENT SCHEDULE C, CITY shall pay CONTRACTOR for se,wices 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 considered. Invoice shall include an accounting of oil hours by classification and task. The format and documentation included on the invoice, shall be subject to approval by the CiF Manager and/or designco. HOURLY iL4,TES: The following rates include all reimbursable or indirect cosre, inctu. ding but not Hmhed m a vehicle, .--'- 1. Senior Building Inspector -~ S55.00 ( n tu~ s Inspection welI as any plan chec'king · tc de as of Residential and Non-Structural Commercial/ tnd~rial Plans.) Off-site Plan Chec'king (As authorized by City Manager and/or designee) $65.00 Fire Code Plan Checking (As authorized by City Manager and/or designee) $65.00 3. Building Official $65.00 (Includes Plan Chedking of Complex Residential, Commercialffndustrial Buildings and Supervision of Aclministration. In the event the Building Official conducts inspections the rate charged shall be the same as the rate shown for Senior Building inspector.) 4. Coat_tact Project Manager $80.00 (includes oversig_ht of LP2A's contract employees, monitoring the plan review and inspection demand, and ensu_,ing that staffing is in place for the worktoad. Fo~ k., hours The hourly rates shown in Section B above, shall be the total which the CITY shall pay for the seNices to be rendered by COiNTR.ACTOR pursuant to this Ageement. CITY shall not pay addkional sum for any expense or cost whatsoever incmTed by CONTP,_~kCTOR in rendering services pku-suant to this Agreement. EXHIBIT B 3/17/98 Page 1' CITY shall make no payment for any extra,. further or additional service pursuant to this Ageement unless such extra service and fie price therefor is agreed to in writing and authorized by the City Manager and/or desi_maee. The seN'ices 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 fie CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Ageement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTP,.ACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fulIy executed copy oft his Agreement. g:planning\agendas'G-27ex~b EXHIBIT B 3/17/98 Page 2 EXItBIT C ~5 FACILITIES FOR RECORDS. The City shall provide an office for conducting the duties set forth in this Ageement, and shall provide necessary furnishings, telephone, permit forms and codes. Within this office, Building Official shall assemble such records customsu-ily maintained by a City Building Department. Such records shall, at all times, be the property of the City of Dublin. CLERICAL SUPPORT. City agrees to provide adequate clerical support to the Building Department function as mutually agreed upon by CITY and CONTRACTOR. g:planningXagendasx3- 17ex-c EXHIBI~ C 3/17/98 Daoe 1 EXKIBIT D GENE!~4~L PROVISIONS DEPENDENT 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 CONTP,-ACTOR only insolaf 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 Ayeement. 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 $e temi of this Agreement any licenses, permits, and approvals which are legally requi~ed 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 satisfacto~ performance of CONTRACTOR's obligations pursuant to this A~eement. INSUR_QNTCE REOUIREMENTS. CONTRACTOR shall procure and maintain, for the dm-ation of the contract,. insurance against etaires for injuries to persons or damages to prope,-1-y which may arise fimm or in connection with the performance of the work hereunder by the-. CONTF,_~CTOP,-, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR's rates as described in Ex_hibit B. (a) Mirimurn Scose of Insurance. Coverage s~gaI1 be at least as broad as: insurance Services Office form number GL 002 CEd-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 California and Employers Liability insurance. (b) Minimum. Limits of insurance. CONTRACTOR shall maintain limits no less than: General LiabitiLy: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liabili~ Ir~urance or other form with a general a~egate limit is used, either the general EXHIBIT D 3/I7/98 Page 1 agUegate limit shall apply separately to this project/location or the general aggegate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liabiii~' limits ors 1,000,000 per accident. (c) Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be aleslated to and approved by the City Manager of City of Dublin. At the option of the City Manager or his/her designee either the insurer shall reduce or eliminate such deductibies or selfinsured 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. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contakR... the following provisions: 1. General Liabilirv 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 performrid bSr'or on behalf of the CON~CTOR; products and completed operations of the CON'TRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONT1L, kCTO1L The coverage shall contain no special imitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. The CONTRACTOR's insurance coverage shall be primmy. insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or serf-insurance maintained by the CITY, its officers, officials. employees or volunteers shall be excess of the CONTiLA. CTOR's ins ,~ance and shall not contribute with it. c..am)' failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. The CONTtL~kCTOR's insurance coverage shall apply separately 1o each. insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. EXHIBIT D ' 3/17/98 Page 2 Worker's Comvensation and Employers LiabitiW Coverage. The insurer shall agree to waive all Hghts of subrogation against the CITY, its ofz~cers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. Professional Liabilit-v. CONTRACTOR shall carry professional liability insurance in an mount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTR_~CTOR in the course ofperformanc= 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. All Coverages. Each insurance policy required by tt~s clause shall be endorsed to state that coverage shall not be canceled by either parry, reduced in coverage or in iLmi,.s except after thirty (30) days' prior writ-ten notice by mail has been given to the CITY. ' ..... (e) Acceombilirv of!nsua'ers. Insurance is to be placed with insurers with a Besr-s' rating of no Iess than A: VII., except for prolssional liability. Verification of Covera_,2e. CONTRACTOR shall furnish CITY with certir'icares Lnsurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance poticy 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 rig_hi to require complete, certified copies of alI required insurance policies, at any ~ime. 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 availiDle or that the CITY's interests are otherwise fully protected. Said approva/of vm-iation must be in v~riting. 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. CONTLA. CTOR shall have no authority, express or implied, pursuant to this A~eemem to bind CITY to any obligation ~vhatsoever. ASSIGNMENT PROHIBITED. No party, to this Agreement may assign any right or obligation pursuant "co this Ag-reement. Any attempted or purported assignment of any right or obligation EXHIBIT D 3/I 7/98 Page 3 t0. p~su~at to ~s Agreement shal~ be void and of no e~ct, ur~ess sa~d assi~r~raent is approved in 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, irmnediately upon receiving notice from CITY of such desire of CITY cause the removal of such person or persons. STA_'NDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this A~eement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the ~eograshical area in wtfich CONTRACTOR practices Ms profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this A~eement shall be prepared .in a substantial, first class and workmanlike manner and conform to the standards of quality 'normally observed by a person practicing in CONTRACTOR's profession. HOLD HAR_~BSS AND RESPONSIBLE OF CONT~_CTORS. CONT!L~CTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirec~y resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parLies designated unforeseen difficulties, accidents, occurrences or other causes to the extent they are predicated on active or passive negligence of the CONTRACTOR. or any subcontractor. CONTRACTOR shall indemnify., defend and hold harmless the CITY, its officers, officials, directors, 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 para~aph shall not be construed tO exerl:lpt the CITY, its employees and officers from its own fraud, willful injury. or violation of law whether willtiff of negligent. For purposes of Section 2782 of the Civil Code the par, ice hereto recog-nize and a~ree that this Agreement'is not a construction contract. By execution of this A~_fiJeemenr CONTRACTOR acknowledges and a~ees 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 thiat this Agreement may be funded by fiscal assistance from another governmental entity, CON'I~.CTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program..~so, in performing the services to be provided pursuant to this Agreement, CONTP,_~.CTOR 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 discrim&nation based on race, reli~ous creed, color, national origin, ancesu-~y, physical handicap, medical condition, marital status, or sex; when applicable laws related to payment ofprevaltir,; wages; and laws requiring injury and illness prevention progran,.s. DOCIFMENTS. All reports, data maps, models, charts, studies, smweys, photographs, memoranda or other v~itten d, cuments or materials prepared by CONTRACTOR pursuant to EXHIBIT D .3/I7/98 Page 4 this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Ag-reement. ~5 g:planning\agendasX3~ 17ex-d EXHIB IT D 3/I 7/98 Page 5 EXWII:IIT E SPECIAL PROVISIONS 'Fne following provisions are hereby incorporated in the Agreement by and be~wceen Linhan Petersen Powers and Associates (CONT~_CTOR) and City of Dublin (CITY): ASSIGNED PERSONNEL/SUBCONTRACTORS. The following terms and conditions are hereby agreed to by CONTP,.ACTOR. prior to the assi_zm'nent of personnel or use by CONTRACTOR of subcontractors. Submittal to Ciw Manager. The name, background and experience of any and every. firm or individual to which any work outlined in this Ageement is to be performed must be submitted to the City Manager and/or designee for prior approval. 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 Ageement. nor shall such approval infer any contractual relationship between CITY and any subcontractor. g:planning\agendasU-- 17~-x-e EXHIBIT E 3/17/98 ~a~ 1 1999 AMENDMENTS CONTRACTUAL SERVICES AGREEMENT BUILDING & SAFETY SERVICES THIS AGREEMENT is made at Dublin, California, as of September 21, 1999, by and between the CITY OF DUBLIN, a municipal Corporation ("CITY"), and Linhart Petersen Powers Associates ("CONTRACTOR"), who agree as follows: m , o SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at that time, place and in the manner specified in Exhibit A. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. FACILITIES, EQUIPMENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this 'V 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. SPECIAL PROVISIONS. The special provisions set forth in Exhibit E are part of this Agreement. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. CONTRACT ADMINISTRATION. This Agreement shall be administered by the CITY MANAGER. All correspondence shall be directed to or through the CITY MANAGER or his or her designee. TERM OF AGREEMENT. This Agreement shall be effective until terminated. This Agreement may be canceled by the City, upon thirty (30) days advance written notice. This Agreement may be canceled by CONTRACTOR upon ninety (90) days advance written notice. NOTICES. Any written notice to CONTRACTOR shall be sent to: LiEhart Petersen Powers Associates Attention: Kenneth C. Petersen 5798 Stoneridge Mall Rd., #201 Pleasanton, CA 94588 Page I of 2 ATTACHMENT 3 9/21/99 Any written notice to CITY shall be sent to: City of Dublin Attention: City Manager 100 Civic Plaza Dublin, CA 94568 Executed as of the day first above stated: Attest: City Clerk Approvedastoform: For: By: CITY OF DUBLIN a Municipal Corporation Mayor City Attorney For: Lirthart Petersen Powers Associates By: Contractor Page 2 of 2 9/21/99 (g: ~emda~99LP2A Agreement) EXHIBIT A Scope of Services BUILDING OFFICIAL. The individual directly responsible for the performance of the duties of Building Official-as set forth in this agreement shall be Mr. Kenneth C. Petersen, P.E., a California Registered Civil Engineer, License #C32062, unless the City of Dublin shall hire a Chief Building Official as a City employee. At the sole discretion of the City Manager and/or designee, CONTRACTOR may substitute other individuals in place of Ken Petersen in the above capacity as responsible individual when functioning as Building Official 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'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 Mtmicipal Code, and in the performance of such work the CONTRACTOR shall do the following: 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 to insure that appropriate requirements of the Zoning Ordinance are incorporated witkin 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 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 with five (5) business dhys 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 recognizes that on large-scale projects this may not be possible and CONTRACTOR 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 hinder 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. EXHIBIT A 9/21/99 Page I b. Buildins 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, CONTRACTOK shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. CONTRACTOK shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this agreement. CONTRACTOK 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. CONTRACTOK 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 requi~ed 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. c. Housing 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 necessary ordinances in advance of the State mandatory implementation date. e. Other Duties. Building Official shall perform other related activities as requested by the City. PROJECTIONS. On the annual basis ahd in conjunction with the City l~udget process CONTRACTOR shall submit estimates of the projected: Sing, Permit Fees, and Construction Activity, which will affect the provisions 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. It is expected that the Buildin_q Official shall typically be available from 9:00 a.m. to 4:00 p.m. on all City Business days. REPORTING/PUBLIC INFORMATION. CONTRACTOR shall be responsible for coordination of moxlthly 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 information brochures designed to assist the public with Building & Safety process. EXHIBIT A 9/21/99 Page 2 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. 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. 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. EXHIBIT A 9/2 1/9 9 Page 3 EXHIBIT B PAYMENT SCHEDULE C, 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. Building Inspectors $60.00 (Includes Inspection as well as any plan checking of Residential and Non-Structural Commercial/ Industrial Plans.) 2. Off-site and on-site Plan Checking (As authorized by City Manager and/or designee) $65.00 Fire Code Plan Checking (As authorized by City Manager and/or designee) $65.00 3. Building Official $65.00 (Includes Plan Checking of Complex Residential, Commercial/Industrial Buildings and Supervision of Administration. In the event the Building Official conducts inspections the rate charged shall be the same as the rate shown for Senior Building Inspector.) 4. Contract Project Manager (Principal of Firm) $80.00 (includes oversight of LP2A's contract employees, monitoring the plan review and inspection demand, and ensuring that staffing is in place for the workload. 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 A~eement. EXHIBIT B 9/21/99 Page 1 7 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. g:planning\agendas\9-2 1 ex~b EXHIBIT B 9/2 1/9 9 Page 2 5 5 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, 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. CLERICAL SUPPORT. City agrees to provide adequate clerical support to the Building Department fimction as mutually agreed upon by CITY and CONTRACTOR. g:planning\agendas\9-2 1 ex-c EXHIBIT C 9/21/99 Page 1 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 fight to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the fight 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 prac. tice 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 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: 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 CEd. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. , Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. 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 EXHIBIT D 9/21/99 Page 1 shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and accidental death and property damage per occurrence combined single limit. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (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 option of the City Manager or his/her designee either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) 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. 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. 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. EXHIBIT D 9/21/99 Page 2 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. 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. 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 appr0ved 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 fight or obligation pursuant to this Agreement shall be void and of no effect, unless said assignment is approved in writing. by CITY. EXHIBIT D 9/21/99 Page 3 , 10. 112 PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event. that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such person(s) CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY cause the removal of such person or persons. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. HOLD HARMLESS AND RESPONSIBLE OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated unforeseen difficulties, accidents, occurrences or other causes to the extent they are predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, 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 govdmmental 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 CONTP,.~CTOR 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. g:planning\agendas\9-21 ex-d EXHIBIT D 9/21/99 Page 4 EXHIBIT E SPECIAL PROVISIONS The following provisions are hereby incorporated in the Agreement by and between Linhart Petersen Powers and Associates (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. 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. g:planning\agendas\9-2 1 ex-e EXHIBIT E 9/21/99 Page 1 RESOLUTION NO. XX- 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETIVITVE SERVICE RESOLUTION WHEREAS, the City Council has adopted a Personnel Ordinance; and WHEREAS, Section 4(3) of the Ordinance exempts Department Heads and other Management Positions from the Competitive Services; and WHEREAS, in accordance with the City's Personnel Ordinance, the City Council adopted Resolution No. 142-90 and s~ubsequent resolutions which establishes Management Positions and defines leave benefits for those positions; and WHEREAS, it is necessary to periodically add job descriptions to the adopted Classification Plan that are designated as Management Positions; and NOW, THEREFORE, BE IT RESOLVED that the position of Building Official shall be ~., designated as a Management Employee under the City's Personnel Ordinance; and BE IT FURTHER RESOLVED that the position of Building Official shall be granted leave benefits in accordance with City Resolution 142-90, as amended; and BE IT FURTHER RESOLVED that the changes contained herein shall be effective September 21, 1999. PASSED, APPROVED AND ADOPTED this 21st day of September, 1999. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ATTACHMENT 4 RESOLUTION NO. XX- 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add job descriptions to the Classification Plan. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent resolutions shall be further amended to include a job description for the position of Building Official (Exhibit A). BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective September 21, 1999. PASSED, APPROVED AND ADOPTED this 21 s, day of September, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:~PERSNEL\CITYRECRUOBSPECS\ClassReso.doc ATTACHMENT 5 3/ Date Adopted: 9-21-99 Date Revised: Title: Building Official FLSA: Exempt General Purpose: Under general direction of the Community Development Director, the Building Official is responsible For the management of the Building Division in the Community Development Department; is the designated authority charged with the administration and enforcement of local, state and federal codes, ordinances, and regulations for all buildings and structures; administers the plan review and inspection process of building construction and alterations; may serve as acting head of the department; and performs other duties as assigned. Distinguishing Characteristics: Incumbents in this classification have a broad range of independence within policy and procedural limitations and work under minimal supervision. This classification is distinguished from the Community Development Director who serves as the Department Head of the entire department with responsibility for Planning, Housing, Code Enforcement and Building and Safety functions. The Building Official provides direct and indirect supervision and management to all professional, technical and support staff, and contract personnel in the Building Division. Essential Duties and Responsibilities: Plans, directs ahd coordinates the activities of the Division relative to the enforcement of laws _and codes governing the construction of new buildings or altering existing structures. ' Supervises the review of building plans for conformance with code provisions. Hires, supervises, trains and evaluates Building Division personnel; interprets City policies and procedures to employees; is responsible for morale and productivity of assigned staff. Advises builders and homeowners on minimum standards of construction and materials. Performs difficult inspections and assists staff in resolving technical questions relating to various code requirements. Develops operational policies and procedures to ensure effective departmental operation and provides for continuous improvement of the Building Division. Exhibit A Establishes systems to ensure consistency within the division. Confers with architects, contractors and others concerning building code provisions and construction methods. Resolves disputes between the City and contractors. Prepares complex reports, letters and newsletters. Makes presentations to the City Council, commissions and other groups; explains Division policies to the public, developers and builders. Prepares and administers the Division budget. Develops and implements Division goals, objectives, policies and priorities. Plans} programs, directs and participates in all building service activities associated with setting and ensuring compliance with building standards. Confers with and provides professional assistance to members of City departments on matters related to functional areas of responsibility. Establishes and maintains liaisons with appropriate government bodies, private firms, organizations or individuals to assist in achieving City objectives and ensuring compliance with appropriate laws and development standards. Performs related duties as required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: Knowledffe of.' All aspects of community development and their relationship to building inspection; the Uniform Building Code and other applicable state and federal codes. Modern management principles and practices. Problem solving and mediation techniques to resolve disputes. Principles, practices and methods associated with developing building, plan check, construction and building inspection standards. Engineering principles, concepts and procedures as applied to building inspection. Construction methods and materials. Principles and practices of budget preparation and administration. Principles and practices of supervision, training and evaluation. Effective written and oral communication techniques. Modern office practices, procedures, methods and equipment. Customer service skills. Ability To: Read, understand and interpret construction blueprints, plans and specifications. Inspect and analyze standard building construction and to identify code violations. Solve complex building inspection and code-related problems. Work effectively with builders, contractors and the general public. Supervise, train and evaluate assigned staff. Explain City practices and objectives to appropriate public and private agencies, organizations and individuals. Prepare analytical reports of a budgetary, technical and evaluative nature. Uniformly interpret and enforce codes, standards and regulations. Conduct comprehensive engineering analyses of building problems; analyze data and make decisions accordingly. -Establish and maintain effective wqrking relationships with those contacted in the performance of required duties. Utilize a personal computer to perform word processing, spreadsheet and specialized functions. Communicate effective both orally and in writing. Prepare clear and concise reports. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, and twist to reach equipment around desk; drive a motor vehicle; periodically in a field environment move across rough terrain, bridge scaffolding and negotiate construction sites including, but not limited to: crawling, jumping and climbing stairs and ladders; read fine print on blueprints and VDT's; converse in person, over the telephone, and two-way radio; write and use keyboard to communicate; operate a calculator; intermittently lift and carry flies, maps and construction materials weighing up to 40 pounds; stamina to work additional hours to meet deadlines and attend night meetings. Read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Education, Experience and Training: Any combination of education and experience equivalent to the following is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: The equivalent to an AA or AS degree in construction inspection, building inspection or a related field. A bachelor's degree in a related field is desirable. Experience: Six' years of increasingly responsible employment in building inspection, standards development, plan checking or in a related engineering field which required application of building, plumbing, or electrical codes. Three years experience in supervision of professional and technical staff, such as those involved in building plans review and building inspection. Training: Any recent training classes, such as academic courses and certification programs, which are relevant to this job classification. Licenses, Certificates, Special Requirements: Possession of a valid California Class C Drivers' License and Certificate of Automobile Insurance for Personal Liability. Possession_and maintenance of the Building Official certification issued by the Council of American Building Officials is required. Plans Examiner and Combination Inspection certifications issued by the International Conference of Building Officials (ICBO) are highly desirable. RESOLUTION NO. XX- 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE SALLY PLAN WHEREAS, in accordance with the City' s Personnel System Rules, the City Council adopted Resolution No. 64-97 and subsequent resolutions which comprise the Salary Plan. NOW, TEEFORE, BE IT RESOLVED that the position of Building Official shall be covered under Article I, Section A of the Salary Plan; and BE IT FURTHER RESOLVED that the position of Building Official shall be paid a monthly salary within the following range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Building Official: $5,614 - $7,017 BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective September 21, 1999. PASSED, APPROVED AND ADOPTED this 21 st day of September, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ," .... G:XPERSNEL\CITYRECRUOBSPECS\SalaryPlanReso.do ATTACHMENT 6