HomeMy WebLinkAboutItem 8.6 PrecisionInsp&CSGCnslt CITY CLERK
File #600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 3, 2003
SUBJECT: Proposed Agreements with Precision Inspection Company Inc. and
CSG Consultants Inc. for Building & Safety Services.
Report Prepared by Gregory Shreeve Sr., Building Official
ATTACHMENTS: 1. Resolution approving the Agreements with Precision Inspection
Company Inc. and CSG Consultants Inc., entitled Attachments
lA and lB
RECOMMENDATION: Adopt Resolution approving Agreements with Precision Inspection
Company Inc. and CSG ConsUltants Inc. and authorize the Mayor to
r~~ sign the agreements on behalf of the City.
FINANCIAL STATEMENT: The cost for these services are at the same hourly rate as the other
City Building and Safety Contractors. The cost for services will be
accommodated within the total hours included in the Fiscal Year
2003-2004 budget.
DESCRIPTION:
Since July 1995, the City of Dublin has contracted with'the firm LP2A for Building and Safety Services.
Due to the cyclical construction activity, the City has found that this contract arrangement best suits the
City's needs. Building inspection and plan review needs have increased dramatically since the economic
upturn starting in Fiscal Year 1996-1997 and steadied out in Fiscal Year 2001-2002. LP2A was able to
provide the City with necessary contract employees up to 1999. In Fiscal Year 2000-2001, the City
contracted with a second firm, BJY, and in Fiscal Year 2001-2002 the City contracted with a third firm,
4Leaf, Inc., for Building and Safety Services due to the increase in construction activity.
Recently, LP2A, BJY and 4Leaf have been unable to meet the need for additional qualified inspectors in a
timely manner. For this reason the City needs to contract with additional consultants for qualified contract
employees. Staff is recommending the addition of Precision Inspection Company Inc and CSG
Consultants Inc. Both companies have extensive experience providing plan review and inspection
services to numerous municipalities.
COPIES TO: Consultants
ITEM NO. ~.~)
G\agendas\2003\6-3 bldg contract
LP2A and 4Leaf will continue to be the City's primary inspection firms; no major changes to the City's
existing contract staff are anticipated. These contracts would be on an indefinite basis subject to a written
notice of termination by the City or a 90-day written notice from the Consultants. These supplemental
contracts will provide protection to the City in the event that the City's current contractors continue with
an inability to provide inspectors in the tight market.
The City Attorney's office has reviewed the attached agreements.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving Agreements with Precision
Inspection Company Inc. and CSG Consultants Inc and authorize the Mayor to sign on behalf of the City.
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENTS WITH PRECISION INSPECTION COMPANY INC. AND
CSG CONSULTANTS INC., ON AN AS NEEDED BASIS FOR OVERFLOW SERVICES IN THE
BUILDING & SAFETY SERVICES DIVISION RELATED
TO INSPECTION SERVICES
WHEREAS, the City of Dublin is experiencing significant increases in new development
applications; and
WHEREAS, with the acceleration of new development projects in both the western and eastern
areas of Dublin, the need to retain outside consultant firms is necessary, and
WHEREAS, Staff has determined it necessary to hire technical support to provide quality
inspections and plan checks of new projects, and
WHEREAS, Staffhas determined it necessary to hire Precision Inspection Company Inc. and
CSG Consultants Inc., to provide expertise in inspection due to increase in construction activity, and
WHEREAS, the City of Dublin Planning Commission and City Council has directed Staffto
move projects expeditiously, and hire consultant firms ;vhen services are needed, and
WHEREAS, Precision Inspection Company Inc. and CSG Consultants Inc., have demonstrated
they have adequate ability to provide inspection services, and;
WHEREAS, consultants will only perform work on a time and material basis at the direction of
the Community Development Director, and
WHEREAS, all costs will be charged to the Community Development Department budget in
accordance with costs associated with certain projects, and
WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the new agreements with Precision Inspection Company Inc. and CSG Consultants Inc.,
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of June, 2003.
AYES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRECISION INSPECTION COMPANY, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Precision Inspection Company, Inc. ("Consultant") as of July 1, 2003.
Section '!. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and be effective until terminated as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not affect the City's
right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein and in the Compensation
Schedule, attached as Exhibit B. In the event of a conflict between this Agreement and the
Compensation Schedule, the Agreement shall prevail. The payments specified below shall
be the only payments from City to Consultant for services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
'Agreement is based upon Consultant's estimated costs of providin9 the services required hereunder,
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City of Dublin and Precision Inspection Company Inc. Page 1 of 14
ATTACHMENT
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Aqreement.
In no event shall COnsultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be ne.cessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
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and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage, Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability,
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed, 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents,' and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
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activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
· respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the perio¢,covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.I Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with Original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
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deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coveraqe. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5, INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's servicesrendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No A.qent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin,q Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
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employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
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8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant' the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
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9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assiqns, The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
Consulting Services Agreement between July 1,2003
City of Dublin and Precision Inspection Company Inc. Page 11 of 14
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate Califomia Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Community
Development Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Precision Inspection Company, Inc.
Attn: Kelly Hislop
1247 Main Street
Newman, CA 95360
Any written notice to City shall be sent to:
City of Dublin
Attn: Community Development Director
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between July 1, 2003
City of Dublin and Precision Inspection Company Inc. Page 12 of 14
10,12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Section 11 SPECIAL PROVISIONS.
11.1 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:
11.1.1 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.
11.1.2 CONTRACTOR Liable forWork 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.
11.2 Emergency Operations Assistance. The following terms and conditions are hereby
agreed to by CONTRACTOR in the event of a local or regional emergency:
11.2.1 Report into the City of DuBlin Emergency Operations Center (E.O.C.). Contract
personnel will make a reasonable effort to report to the City of Dublin E.O.C. as
soon as possible following a local or regional emergency.
11.2.2 CONTRACTOR shall provide emergency preparedness training. Alt contract
personnel shall maintain at alt times appropriate emergency training and
certification, such as ATC-20 Damage Assessment Training and Certification.
11.2.3 The CONTRACTOR shall make contract personnel and contractor resources
available for emergency response at the same hourly rates and conditions
specified in this contract_
11.2.4 The CONTRACTOR acknowledges that emergency response work may require
variations in work hours and assignments.
Consulting Services Agreement between July 1,2003
City of Dublin and Precision Inspection Company Inc. Page 13 of 14
CITY OF DUBLIN CONSULTANT
Janet Lockhart, Mayor Kelly Hi~'op, Owner ~//
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
G\Contracts\consuiting services agreement for Precision Inspection
Consulting Services Agreement between July 1,2003
City of Dublin and Precision Inspection Company Inc. Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
1. 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 fi'om 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 with relevant
background information on all assigned inspection personnel prior to assignment
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and Precision Inspection-Exhibit A Page 1 of 3
under this Agreement. CONTRACTOR shall assign competent personnel whose
background, experience, applicable certifications, and demeanor demonstrate an
ability to conduct inspections of the type required under this Agreement, in
accordance with CITY standards. City Manager and/or designee shall determine
acceptability of assigned inspection personnel. CONTRACTOR shall promptly
identify alternate personnel in the event of a request by City Manager and/or
designee.
In the event that CONTRACTOR requests a change in the assigned Inspection
Personnel, CONTRACTOR shall bear the full cost of any training required to
familiarize the assigned personnel with the current status of projects in the City.
At the minimum this shall include a one-week overlap with both inspectors. In
the event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the CONTRACTOR will provide a qualified temporary
replacement that is approved by the CITY.
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 needed basis as approved by the City Manager or his
designee.
2. 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.
3. 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.
Consulting Services Agreement between Effective July 1,2003
City of Dublin and Precision Inspection-Exhibit A Page 2 of 3
CONTRACTOR shall also assist with the preparation of informational brochures
designed to assist the public with the Building & Safety process.
4. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement, shall be collected by the
CITY. If required, CONTRACTOR shall submit as appropriate, information and
recommendations on proposed City adjustments to the adopted fee schedules.
5. LIMITATIONS (AVOIDANCE OF CONFLICTS). During the term of this Agreement,
CONTRACTOR shall not provide services to any client for a project, which requires any
approval from the CITY.
G\Contracts\consulting servia~s agreement for Precision Inspection
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and Precision Inspection-Exhibit A Page 3 of 3
EXHIBIT B
COMPENSATION SCHEDULE
A. 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.
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to
a vehicle and Nextel radio.
1. Commercial Inspector $80.00
(Includes knowledge and certification in commercial
building systems including structural, mechanical,
plumbing, and electrical systems.)
2. Building Inspectors $70.00
(Includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans.)
3. Off-site and on-site Plan Checking $83.00
(As authorized by City Manager and/or designee.)
C. 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.
D. CITY shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service m~d the price therefore is agreed to in writing and
authorized by the City Manager and/or designee.
E. 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 fimesheets in order to verify costs incurred to date.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and Precision Inspection--Exhibit B Page 1 of 2
F. 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\Contracts\consulting services agreement for Precision Inspection
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and Precision Inspection--Exhibit B Page 2 of 2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CSG CONSULTANTS, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
CSG Consultants, Inc. ("Consultant") as of July 1,2003.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services, The term of this Agreement shall begin on the date first noted above
and be effective until terminated as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not affect the City's
right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and accoi'ding to the standards observed by a competent
practitioner of the profession in which Consultant is engaged i.n the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, firSt-class manner and shall conform to the
standards of quality norma!ly observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the Standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2, COMPENSATION. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein and in the Compensation
Schedule, attached as E.x.~hibit..._._.~. In the event of a conflict between this Agreement and the
Compensation Schedule, the Agreement shall prevail. The payments specified below shall
be the only payments from City to Consultant for services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 1 of 14 ~,~]~'~4~C~J~J~E~J'I~'
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit .A.;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with alt of the requirements
above to pay Consultant.
2.3 Final Payment ,.-.,,~r'~" .,,,,~,,oko" ,.,o,,~.,.,~ +~,,,,,,.. ~.,o+,,,.,, ~,.~,~ no/~ of +~'",,,.. +"'+"~,,.,,~, .,,,,,, °' '"" '~ .,,,,. ............ ~,,,,.,,,,-,,,,~ +'',~ ~k~o,,,,..
.............. , ............... ,~ ............................ ¢ ~, ........... ot ca .
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. Gity shall not pay any additional sum for any expense or cost whatsoever
incurred by Gonsuitant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this A.qreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 2 of 14
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9' Authorization to Perform Services. The Consultant is not authorized to perfOrm any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, pro'vide all facilities and equipment that may be necessary td perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcOntractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain'
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 3 of 14
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, tn the alternative,
Consultant may rely on a self-insurance program to meet th°se requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own costand expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims adsing from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4,2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 4 of 14
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, v°ided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not tess
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 5 of 14
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no tess than A:VlI.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
'endOrsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4,4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase-in
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 6 of 14
deductible or self-insured retention~wo~ .... v,,,,~*~' a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this seCtion is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage,
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification .and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Consulting SerVices Agreement between Effective July 1, 2003
City of Dublin and CSG ConsUltants, Inc. Page 7 of 14
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
.for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and 'interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any. other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant.
and any of its employees, agents, and subcontractors providing serviceS under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. ExcePt as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7'.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. TO the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 8 of 14
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at alt times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions, In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7,5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) days' written notice to City and
shall include in such:notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 9 of 14
8.4 Assignment and Subcontractinq. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and' any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. it is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not neceSsarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 10 of 14
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose
10.2 Venue. in ihe event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed matedal on recycled paper to the extent it is available at equal or
less cost than virgin paper.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc, Page 11 of 14
10.7' Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreemen,t that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did nOt participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Community
Development Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
CSG Consultants, Inc.
Attn: Richard Mao
231 Old Bernal Road
Suite 7
Pleasanton, CA 94566
Any written notice to City shall be sent to:
City of Dublin
Attn: Community Development Director
100 Civic Plaza
Dublin, CA 94566
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 12 of 14
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Section 11 SPECIAL PROVISIONS.
11.1 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:
11.1.1 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.
11.1.2 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.
11.2 Emergency Operations Assistance. The following terms and conditions are hereby
agreed to by CONTRACTOR in the event of a local or regional emergency:
11.2.1 Report into the .City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel will make a reasonable effort to report to the City of Dublin E.O.C. as
soon as possible following a local or regional emergency.
11.2.2 CONTRACTOR shall provide emergency preparedness training. All contract
personnel shall maintain at all times appropriate emergency training and
certification, such as ATC-20 Damage Assessment Training and Certification.
11.2.3 The CONTRACTOR shall make contract personnel and contractor resources
available for emergency response at the same hourly rates and conditions
specified in this contract_.
11.2.4 The CONTRACTOR acknowledges that emergency response work may require
variations in work hours and assignments.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 13 of 14
CITY OF DUBLIN CONSULTANT
Janet Lockhart, Mayor Richard Mao, Principal
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
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Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG Consultants, Inc. Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
1. 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 with relevant
background information on all assigned inspection personnel prior to assignment
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG--Exhibit A Fage 1 of 3
under this Agreement. CONTRACTOR shall assign competent personnel whose
background, experience, applicable certifications, and demeanor demonstrate an
ability to conduct inspections of the type required under this Agreement, in
accordance with CITY standards. City Manager and/or designee shall determine
acceptability of assigned inspection personnel. CONTRACTOR shall promptly
identify alternate personnel in the event of a request by City Manager and/or
designee.
In the event that CONTRACTOR requests a change in the assigned Inspection
Personnel, CONTRACTOR shall bear the full cost of any training required to
familiarize the assigned personnel with the current status of projects in the City.
At the minimum this shall include a one-week overlap with both inspectors. In
the event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the CONTRACTOR will provide a qualified temporary
replacement that is approved by the CITY.
c. Housing Code Enforcement. Under the direction of the Building ·
Official, CONTRACTOR shall enforce the City Housing Code by investigation of
(~t ~% complaints regarding sub-standard housing conditions and when necessary,
prepare cases for citation hearings, criminal proceedings in municipal court,
c~z~ .... and/or civil abatement proceedings.
/d.,,) Presentation of Code Updates. In the event that the State of California
adopts rews~ons to any of the adopted codes during the term of this Agreement,
CONTRACTOR shall assist Building Official in preparing the staff report and
necessary ordinances in advance of the State'mandatory implementation date.
e. Other Duties. CONTRACTOR shall perform other related activities as
requested by the City, including Building Official services. Fee for such services
shall be negotiated on an as needed basis as approved by the City Manager or his
designee.
2. 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.
3. 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.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG--Exhibit A Page 2 of 3
CONTRACTOR shall also assist with the preparation of informational brochures
designed to assist the public with the Building & Safety process.
4. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement, shall be collected by the
CITY. If required, CONTRACTOR shall submit as appropriate, information and
.recommendations on proposed City adjustments to the adopted fee schedules.
5. LIMITATIONS (AVOIDANCE OF CONFLICTS). During the term of this Agreement,
CONTRACTOR shall not provide services to any client for a project, which requires any
approval from the CITY.
G\Contracts\consulting services agreement for CSG
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG-Exhibit A Page 3 of 3
EXHIBIT B
COMPENSATION SCHEDULE
A. 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.
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to
a vehicle and Nextel radio.
1. Commercial Inspector $80.00
(InclUdes knowledge and certification in commercial
building systems including structural, mechanical,
plUmbing; and electrical systems.)
2. Building Inspectors $70.00
(Includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans.)
y.
3. Off-site and on-site Plan checking $83.00
(As authorized by City Manager and/or designee.)
C. 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.
D. CITY shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such eXtra service and the price therefore is agreed to in writing and
authorized by the City Manager and/or designee.
E. The services to be provided under this A~eement 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.
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG --Exhibit B Page 1 of 2
F. 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\Contracts\consuttin9 services agreement for CSG
Consulting Services Agreement between Effective July 1, 2003
City of Dublin and CSG --Exhibit B Page 2 of 2