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HomeMy WebLinkAboutItem 4.10 BJY-Bldg/SafetySvcsCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 8, 2000 SUBJECT: ATTACHMENTS: RECOMMENDATION: Proposed Agreement with BJY, Inc. for Building & Safety Services Report Prepared by.' Eddie Peabody Jr., Community Development Director 1. Proposed Contract 2. BJY, Inc. Qualifications 1. Approve the contract and authorize the Mayor to execute the Agreement. FINANCIAL STATEMENT: The additional cost to the existing 2000/2001 Contract Services budget is $6,160. No budget transfer is necessary at this time; the need for a budget transfer will be evaluated at mid-year. DESCRIPTION: Since July, 1995, the City of Dublin has contracted with the firm LP2A for Building and Safety Services. Building inspection and plan check needs have increased dramatically since the advent of major commercial developments in East Dublin.. Recently, LP2A has been unable to meet the increased need for qualified new commercial building inspectors to handle the anticipated workload for the City. New projects underway or soon to be permitted (Koll, Emerald Point, Sybase, Commerce One and Cisco) will create the need for more qualified commercial inspectors. As a result of this shortage of qualified commercial inspectors from our prime contractor, LP2A, Staff has interviewed other building and safety firms to determine if qualified commercial inspectors are available. The firm of BJY, Inc. with offices in Pleasanton and others nationwide, has extensive experience providing plan review and commercial inspection services to numerous municipalities' and has personnel immediately available to assist the City in commercial inspection. g:agenda/2000/11-8 BJY sr COPIES TO: BJY, Inc. ITEM NO._~ Proposed Contract Staff has included as AttaChment 1, a contract with BJY, Inc: to provide plan review and inspection servicesto the City on an as needed basis. No anticipated major change to our existing contract with LP2A is contemplated; other than the addition of BJY staff when needed. Mr. Gregory Shreeve, the LP2A Senior Inspector will continue to supervise both LP2A and BJY staff under the direction of George Thomas, Building Official. All other provisions of the contract with BJY are similar in nature to the existing LP2A contract. The contract would be on an indefinite basis subject to a 30- day written notice of termination. This supplemental contract will provide protection to the City in the event of our prime contractor LP2A's inability to provide inspectors in a fight market. Recommendation: Staff recommends that the City Council approve the contract with BJY, Inc. and authorize the Mayor to execute the agreement. 2000-2001 CONTRACTUAL SERVICES AGREEMENT BUILDING & SAFETY SERVICES THIS AGREEMENT is made at Dublin, California, as of November 8~ 2000, by and between the CITY OF DUBLIN, a municipal Corporation ("CITY"), and BJY INC. ("CONTRACTOR"), who agree as follows: 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, EOUIPMENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement...In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 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. Page 1 of 11 g:agendaJ00/2000BJY INC. A agree 6120/00 ATTACHMENT ..].. , NOTICES. Any written notice to CONTRACTOR shall be sere to: BJY Inc. Attention: Kevin Wedman, Vice President 5776 Stoneridge Mall Road, Suite 325 Pleasanton, CA 94588 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 Approved as to form: For: CITY OF DUBLIN a Municipal Corporation By: Mayor City Attomey For: BJY INC Page 2 'of 1 t g:agendaJ00/2000BJY INC. A agree 6/20/00 EXHIBIT A Scope of Services 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 Municipal Code, and in the performance · of such work the CONTRACTOR shall do the following: a. Plan Review. As directed by the Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Contractor shall maintain a close liaison with City Planning Department Staff in · order to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans submitted. Contractor shall coordinate the submittal of plans and receipt of comments from other appropriate agencies 'having jurisdiction in such matters relative to enforcement of fire codes, sanitation codes, health codes, hazardous material regulations, and other regulatory agencies. CONTRACTOR will strive to complete the first plan check of plans submitted within ten (10) business days of receipt of complete plans from the applicant. The goal agreed to by CONTRACTOR will be to complete 95% of all complete submittals within the 10 day period. CITY recognizes that on large-scale projects this may not be possible and CONTRACTOR will strive for a plan review period which does not exceed fifteen (15) days on large-scale projects. In the event that workloads hinder the timely completion of Plan Reviews, upon Authorization by the Building Official, CONTRACTOR may utilize off-site Plan Checking at CONTRACTOR' S office. Performance of said work shall be in accordance with the hourly rate for such services as stated in this agreement and only upon approval of CITY. b. Building Inspection. Provide building inspection services during the' course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth on the plans for which the permit is issued. In the performance of such duties, CONTRACTOR shall provide prompt inspection for each project at the completion of the various stages of construction to determine 'compliance. CONTRACTOR shall provide City Manager and/or designee withrelevant background information on all assigned inspection personnel prior to assignment under this Agreement. CONTRACTOR shall :assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with CITY standards. City Manager and/or designee shall determine acceptability of assigned inspection personnel. CONTRACTOR shall promptly identify alternate personnel in the event of a request by City Manager and/or designee. Page 3 of 11 g:agenda/00/2000BJY 6/20/00 In the event that CONTRACTOR requests a change in the assigned Inspection Personnel, CONTRACTOR shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At the minimum this shall include a one-week overlap with both inspectors. INCAagree c. Housing Code Enforcement. Under the direction of the Building Official, CONTRACTOR shall enforce the City Housing Code by investigation of complaints regarding sub-standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings. d. Presentation of Code Updates: In the event that the State of California adopts revisions to any of the adopted codes during the term of this Agreement, CONTRACTOR shall assist Building Official in preparing the staff report and necessary ordinances in advance of the State mandatory implementation date. e. Other Duties. CONTRACTOR shall perform other related activities as requested by the City, including Building Official services. Fee for such services shall be negotiated on an as nee. ded basis as approved by the City Manager or his designee. PROJECTIONS. On the annual basis and in conjunction with the City Budget process, CONTRACTOR shall submit estimates of the projected: Staffing, Permit Fees, and Construction Activity, which will affect the provision of services under this Agreement. Given the inability to precisely predict building activity, these projections are for planning purposes only and there shall not be a guaranteed number of hours of service under this' Agreement. REPORTING/PUBLIC INFORMATION. CONTRACTOR shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required, CONTRACTOR may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. CONTRACTOR shall also assist with the preparation of informational brochures designed to assist the public with the Building & Safety process. COLLECTION OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement, shall be collected by the CITY. If required, CONTRACTOR shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee sdhedules. LIMITATIONS (AVOIDANCE OF CONFLICTS). During the term of this Agreement, CONTRACTOR shall not provide services to any client for a project, which requires any approval from the CITY. Page 4 of 11 g:agenda/00/2000BJY INC. A agree · 6/20/00 Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential Mr. Kevin Wedman is the Vice President of BJY Inc. All 'of the services rendered for the jurisdiction would be coordinated by Mr. Wedman and executed by our Pleasanton office. Located at 5776 Stoneridge Mall Road, Suite 325, Pleasanton CA 94588, Voice 925.251.900 Toll-flee 800.953.6093 Fax 925.251.9100. This office has the full support of both the Regional and National offices to provide optimum services including "24.7" plan review, when necessary. Well-qualified staff of other professional engineers, certified inspectors, certified plan examiners, and administrative personnel would augment his efforts for the 'jurisdiction. The entire staff of BJY Inc. is totally committed to providing the highest quality, cost-effective building safety services to the jurisdiction. Because of the depth, expertise, and experience of BJ'Y Inc. staff, we do not contemplate the need for outside consultants, nor that our normal turnaround time will be affected by peak load conditions. The multi-disciplined staff assigned to provide Services for the jurisdiction have many years of plan review and inspection experience and all are part of a unique team, which currently serves over 60 jurisdictions. $1.5 billion project, BJY Inc. Provided Code Interpretation and Plan Review Bellagio Hotel and casino Las Vegas, Nevada BJY Inc. serves our clients in the most expeditious manner possible. We will adapt our staff and approach for optimum service. B.rY Inc. will supply all materials, labor, and services required to perform the services for the jurisdiction, and in a manner as further directed by the Building Official or his/her designee. Building Safety Division 5 BJi[, Inc. Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential Scope Of Services General The Westem Region staff at BJY Inc. is totally committed to providing the highest quality customer service to our Clients. All of the plan reviewers and inspectors have an extensive in- depth working knowledge of the codes and 'are more than capable of assisting the jurisdiction with plan review and inspection services. The diverse and well-experienced staff of professional engineers, architects, certified inspectors, plan reviewers and technicians offers governmental entities a complete selection of professional services that include: · · Building Safety Plan Review and Inspection · Fire Protection Engineering Services · Public Works Inspection Services · Construction Management Services · Public Works Plan Review Services · Building Official Services BJY Inc. will provide qualified Combination Inspectors for progress on-call-as needed. BJY Inc. will inspect all projects in accordance with the direolives, codes, ordinances, .and amendments that the jurisdiction has adopted. The correcthess of our inspection services will be based on the Model Codes as adopted by the jurisdiction, including but not limited to: the California Building Code, California Mechanical Code, California Plumbing Code, the California Electrical Code, other jurisdiction adopted ordinances as required, and the jurisdicti0n's Design Criteria as adopted for all projects. Our response times will not exceed those specified by the jurisdiction. BJY Inc. will supply all transportation, communication, and related equipment, as well as all administrative and technical support necessary for successful completion of the assignment. Inc. 's Approach to Performing.Plan Review and Inspection Tasks,, Our experience and reputation for responsive and professional workmanship, judgment, and integrity is foremost in the Building Safety Industry. All of our staff of Professional Engineers, National Certified Inspecto~rs, and ICBO Certified Plans Examiners have an in-depth knowledge of the requirements of providing services, such as those jurisdiction could use. Our staff, who would serve the jurisdiction in this contract, has been involved with a broad range of services, such as providing overload plan review and inspection services for over 60 jurisdictions. Over the past five years, our staff has provided plan reviews and/or inspections for over 1,000 major casino, residential, commercial, and industrial projects. Our client commitments include several major projects, such as the Micron Technology semi conductor manufacturing facility in Lehi City, Utah, wherein we supplied the total regulatory responses on behalf of the municipality. Our services there included all building and site inspections, total administrative functions, and all of the plan review associated with the $2.5 billion-dollar semi-conductor plant. Building Safety Division 6 BYY, Inc. Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential Our staff of highly experienced combination inspectors are committed to providing responsive professional inspection services, such as those being solicited by the jurisdiction, and we are acutely aware of the needs and qualifications to serve the contract. The size, depth, and proximity of our current staff has an additional advantage to our clients in that we not only have excellent local talent for the day-to-day obligations, but can provide immediate relief for overload backup, when necessary. · We will provide qualified professional plan reviewers and 'inspection personnel for 'the jurisdiction. BJY Inc. will plan review and inspect all projects in accordance with the directives, codes, ordinances, and amendments that the jurisdiction has adopted. The correcthess of these services will be based on the Model Codes as adopted by the jurisdiction. Including, but not limited to: the California Building Code, California Mechanical Code, California Plumbing Code, the California Electrical Code, other jurisdiction adopted ordinances as required, and the jurisdiction's Design Criteria or Standards as adopted for all projects. Our response times will not exceed those specified by the jurisdiction. BJY Inc. will supply all transportation, communication and. related equipment, as well as; all administrative and technical support necessary for successful completion of the assignment. Courts Complex, Salt Lake City, Utah. BJY Inc. Provided Code Interpretation, Inspection Services for this $ 75 Mllllon Dollar State Project Project Equipment and Resources Customer service is one of our primary objectives; refining internal operations improves customer service. BJY Inc. has an ongoing plan to keep current its present video conferencing, white board, large document scanning, virtual private network, Internet, Intranet and LAiN systems to ensure the ability to utilize-the latest redundant, secure, broadband technology available. The staff's efficiency levels have been enhanced and redundancy or duplication of Building Safety Division 7 BJY, Inc. · Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential effort' has been nearly eliminated. The software BJY Inc. utilizes, affords our plan reviewers, field inspectors, and administrative staff optimal utilization of their skills,' which results in higher quality customer service. Tracking for-all projects is accomplished using industry standard software programs to provide customers with the most up-to-date information concerning their status; i.e., comment letters, correspondence, invoices, due-dates, etc. If requested, we will develop a computer database management system capable of recording all permitting and construction progress. Rice-Eccles Stadium, Salt Lake City, Utah, BJI~ Inc. Provided Inspection Services for this $45 million Renovation of Opening Stadium for2002 Winter Olympic Games BJY Inc. has a complete library of the 1997 and 2000 codes, field inspectors, clients and reviewers can easily access 1997 Building Codes filed electronically. Our electronic library and ICBO evaluation reports accessible from the Internet are available to expedite plan 'reviews and . inspections, in addition to furnishing technical documentation to clients. All of our' offices are linked together with a wide area network (WAN) which makes any transfer of data between them effortless. Computer scanners in our offices provide the most advanced technology in processing non-computer-generated data for intra-office use, and between our offices and the client. In addition, should there be a need for one-on-one conferences that cannot be conducted at the site oi: convenient location for the inspector and developer, BJY Inc. has video conferencing capabilities that allow meetings to be held anywhere in the country. This tool is ideal for designers, reviewers and participants who may not be located in the state, the immediate area or near the particular project and wish to have a more integrated meeting with the inspector or plan reviewer. Through video conferencing, issues and interpretations can be addressed and resolved effectively. Building Safety Division 8 BJx~, Inc. Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential Project Staff for Plan Review and Inspection Services BJY Inc. will provide plan review and inspection services for the jurisdiction and prides itself in maintaining the highest quality service to its clients. BJY Inc. will provide the jurisdiction with a full service plan review and inspection staff with full-time employees. Mr. Kevin Wedman, Vice 'President, will be responsible-for resource allocation and overall division of management. Mr. Wedman is well. acquainted with providing the services the contract requires. .~-~..i'.;: Mandalay Bay Hotel, Las I/'egas Nevada BJIr J~rmdded plan review for this $950 million ]~roject BJY Inc. can provide the jurisdiction with full Service plan review and inspection with full time employees from our offices in, Pleasanton, Sacramento, San Francisco, San Diego, Pdverside, CA, Las Vegas, NV, Portland, OR, Seattle, WA, Phoenix, Tucson, AZ and American Fork, UT. Mr. Wedman will be the responsible party for the services delivered to the jurisdiction and will be the primary contact person responsible for the day-to-day interaction with the entity. All of our' personnel are well acqu. ainted with providing services that the contract requires. A staff summary of all that wilt be assigned to facilitate the services is in the Attachments Section. The experience level of our professional staff being offered to the jurisdiction is among the highest in the industry. The BJY Inc. professional staff, who are idemified below, have many years of plan reviewing, design, and inspection responsibility. (See Attached Resmnes). Each individual brings to the team the qualities of knowledge, municipal experience, and the ability to meet and understand the municipal clients needs. All of our staff has worked. for municipal governments. Our Project Stuff of professional engineers, technicians, and clerical personnel will provide quick and effective acclimation to the jurisdiction's procedures, protocol, and ordinance structure. All are totally committed to providing professional and cost-effective service. BJY Inc. will utilize the following staff for projects with the jurisdiction. Building Safety Division 9 BJ'Y, Inc. Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential Management Support: · Kevin Wedman, Vice President, BJY Inc. · William "Skip" Nelson, Senior Vice President, BJY Inc. West · Ric Buchanan, Director of Building Safety, BJY Inc. West Technical Support, Code Interpretations: · · · · · · · · · · · · · · · · · Field · · · · · · · .· · · John C. Pau, Califomia SE, Principle Engineer (Structural) Tsong F. jenq, California SE, RA, Principle Engineer (Civil and StmcturaO Masoud Salamat, California SE, Senior Plan Review Engineer (Structural) Shipping Feng, California SE, PE, Senior Plan Review Engineer Steven Block, California PE, Plan Review Engineer (Electrical) · James Kaufman, Senior Control Specialist (Electrical- Substations) Robert Storchheim, CBO, Senior Plan Reviewer and Consultant Rick Friedre,an, AIA, ICBO Plans Examiner Chuck Coen, Ph.D., CBO, Deputy Building Official, Consultam Milton Tromberg, CBO, Consultant Paul Revai, PE, Plan Review Engineer (Structural) LD Womack, PE, Plan Review Engineer (Structural) · Bob Hutchison, PE, Plan Review Engineer (Structural) H. David Jeter, II; California SE, Plan Review Engineer (Structural) Hoyt .D. Jeter, III, Plan Review Engineer (Architectural. and Structural) Dennis Moss, Plan Review Specialist (Fire Code) Tom Ray, PE, Plan Review Specialist (Electrical) Inspection: Ray Kester, Chief Building Inspector Mark Hendricks, Senior Building Inspector Korwyn Peck, Senior Building Inspector Alan Lucero, Building Inspector II Ted Frenyea, Senior Building Inspector Hal Burrows, Building Inspector Dave Cannon, Building Inspector Enzo Calla, Building Inspector Leon Larsen, Building Inspector John Staheli, Building Inspector Jerry Reagan, Building Inspector Kevin Rich, Building Inspector ' Building Safety Division l0 BJY, Inc. Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential References' The client references for Northern California listed are currently receiving Building Safety Services identical to those being solicited by the jurisdiction. All have Ordinances based on the California Building Code, California Plumbing, California Mechanical Codes, the California Electrical Code, ~and other ICBO Model Codes. County of Sonoma Richard Holmer Operations Division Manager ' 2550 Ventura Avenue Santa Rosa, CA 95403 - 2829 (707) 527-1900 City of Sansalito Stove Buffenbarger Building Official · 333 Johnson Street Sausalito, CA 94965 (415) 289-4100 City of Lodi Roger Houston Chief Building Inspector 221 West Pine Led[, CA 95240 (209) 333-6714 County of ConIra Costa. Carlos Bahonado, Director Building Inspection Department 65t Pine Street, 3~a Floor North Wing Martinez, CA 94553 (925) 335-110g City of Alameda G-regg McFann Building Services Manager 2263 Santa Clara Avenue, Room 190 Alameda, CA 94501 (510) 522-4100 City ofFdo Vista Thomas Bland Community Development Director 1 Main Street Rio Vista, CA 94571 (707) 374-645t This is the 2002 Olympic Bobsled Run, Park City~ Utah. BJY Inc. is providing Plan Review and Inspection Services for this Project. Building Safety DiVision 1 ]_ BJ¥, Inc. B, EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR for services rendered in accordance with the hourly rates stated in section B. CONTRACTOR shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the CITY other payment schedules may be considered; Invoice shall include an accounting of all hours by classification and task. The format and documentation included on the invoice, shall be subject to approval by the City Manager and/or designee. HOURLY RATES: The following rates include all reimbursable or indirect costs~ including but not limited to a vehicle. 1. st. Building Inspector $75.00 (includes oversight of BJY INC. 's contract. employees, monitoring the plan review and inspection demand, and ensuring that staffing is in place for the workload.) 2. Off-site and on-site Plan Checking (As authorized by City Manager and/or designee) $75.00 The hourly rates' shown in Section B above, shall be the total which the CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing and authorized by the City Manager and/or designee. The services to be provided under this Agreement'may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOK for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. · The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Page 5 of 11 ~:a~,gnda/B{~lICI0OflJY INC. A apree EXHIBIT C FACILITIES FOR RECORDS. The City shall provide an office for conducting the duties set forth in this Agreement, and shall provide necessary furnishings, telephone, permit forms and codes. Within this office, CONTRACTOR shall assemble such records customarily maintained by a City Building Department, as directed by the Building Official. 'Such records shall, at all times, be the property of the City of Dublin. Page 6 of 11 g:agencta/00/2000BJY INC. A agree 6/20/00 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR; At all times during the terms of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar aS the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means of which CONTRACTOR accomplishes services rendered pursuant to this Agreement. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that. CONTRACTOR shall, at this sole cost and expense, keep in effect at all times during the term of this . Agreement any licenses, permits, and approvals which are legally required to CONTRACTOR to practice his profession. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonable necessary for Satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR's rates as described in Exhibit B. (a) Minimum Scope of Insurance. 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 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. , Workers' Compensation Insurance as re.quired 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, per~sonal injury and property damage. If commercial General Liability Insurance or other form with .a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury 'and accidental death and property damage per occurrence combined single limit. Page 7 of 11 g:agendaJ00/2000BJY INC. A agree 6~20~00 (C) (d) ]5 Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager of City of Dublin. At the option of the City Manager or his/her designee either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, br be endorsed to contain, the following provisions: 1. General Liability and Automobile LiabiliW 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 9wned, leased, hired or borrowed by the CONTRACTOR. The coverage shall .contain no special imitations on the scope of the protection afforded to the CITY, its officers, officials, employees Or volunteers. b, The CONTRACTOR' s insurance coverage shall be primary insurance as respects the CITY; its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. The CONTRACTOR's insurance coverage Shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. Worker's Compensation and Employers LiabiliW Coverage. The insurer shall agree to waive all fights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. Professional Liability. CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in the Agreement. Said coverage may be provided on a "claims made" 'basis at the discretion of the City Manager or his/her designee. Page 8 of 11 g:agenda/00/2000BJY INC. A agree 6/20/00 (e) 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. 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 approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subContractors as insurers under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements state herein. (h) The City Manager or his/her designee may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. Said approval of variation must be in writing. CONTRACTOR NO. AGENT.' Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation-whatsoever. ASSIGNMENT PROHIBITED. NO party to this Agreement may assign any right or obligation pursuant to this Agreem. ent. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect, unless said assignment is approved in writing. by CITY. PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such person(s) CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY cause the removal of such person or persons. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards Of quality normally observed by a person practicing in CONTRACTOR' s profession. Page 9 of 11 g:agendaY00/2000BJY INC. A agree 6/20/00 10. 11. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated unforeseen difficulties, accidents, occurrences or other causes to the extent they are predicated on active or passive negligence 0fthe CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, expense, claim costs (including costs of defense), suites, and damages of every kind, nature and description directly or indirectly arising from the performance of the work to the extent they are caused by the negligent acts, errors, or omission of CONTRACTOR. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful of negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. Also, in performing the services to be provided pursuant to this Agreement, CONTRACTOR shall.comply with all applicable laws and regulations whether State or Federal which are applicable to the performance of work hereunder, including but not limited to laws and regulations; prohibiting discrimination based on race, religious creed, color, national. origin, ancestry, physical handicap, medical condition, marital status, or sex; when applicable laws related to payment of prevailing wages; and laws requiring injury and illness prevention programs. DOCUMENTS. All reports, data maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this .Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. Page I 0 of 11 g:agenda/00/2000BJY INC. A agree 6/20/00 EXHIBIT E SPECIAL PROVISIONS The following provisions .are hereby incorporated in the Agreemere by and between BJY INC. (CONTRACTOR) and City of Dublin (CITY): ASSIGNED PERSONNEL/SUBCONTRACTORSL The following 'terms and conditions are hereby agreed to by CONTRACTOR prior to the assignment of personnel or use by CONTRACTOR of subcontractors. 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. Page 11 of 1 l g:agenda/00/2000BJY INC. A agree Statement of Qualifications for the City of Dublin Building Safety Services Company Confidential "; Executive Summary Bernard JohnsOn Young/BJY Inc. is one of the Nation's oldest and most respected municipal engineering consulting fanas. The finn originated'in 1947 in Houston, Texas and has had a continual focus of providing high quality municipal plan review and inspection services to Federal,. State, and Local governments. Throughout our long and successful career, BJY Inc. has earned a large number of awards for National and 'International services. We have continued to grow and are top-ranked. To service the continually changing needs of our governmental clients, BJY' Inc.. has formed service lines dedicated to providing state-of-the-art technology and expertise in most areas of governmental building and engineering services. These areas of service include: Complete Building Safety Plan Review and Inspection Services Complete Municipal Engineering and Code Services - Public Works Construction Management, Plan Review & Inspection Services To optimize governmental service relationships and maximize responsiveness in clients' needs, BJY Inc. has strategically located fully staffed offices Nationwide. e BJY INC. Austin · Bethesda · Dallas · Houston · Las Vegas · Phoenix · Pleasanton · Portland Riverside · San Francisco · Sacramento · Salt Lake City · San Diego · Seattle · Tucson Building Safety Division ATTACHMENT