HomeMy WebLinkAboutReso 31-11 Building & Safety Svcs(
RESOLUTION NO. 31-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN
AND INTERWEST CONSULTING GROUP
WHEREAS, the City Council has directed Staff to move projects expeditiously, and hire
consultant firms when services are needed; and
WHEREAS, Staff has determined it necessary to hire technical support to provide quality
inspections and plan checks of new projects; and
WHEREAS, Interwest Consulting Group has demonstrated adequate ability to provide
specialized plan review services; and
WHEREAS, Interwest Consulting Group will only perform work on a time and materials
basis at the direction of the Community Development Director; and
WHEREAS, all costs will be charged to the Community Development Department budget
in accordance with costs associated with certain projects; and
WHEREAS, the Consulting Services Agreement and accompanying Exhibits, included as
Exhibit A to this resolution, have been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with the above mentioned consultant.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 5th day of April 2011 by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTE , :
~
'j~~VY~ City Clerk
~a,.-. -
Mayor
Reso No. 31-11, Adopted 4-5-11, Item 4.4 PBge 1 Of 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLlN AND
INTERWEST CONSULTING GROUP
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Interwest Consulting Group ("ConsultanY') as of April 5, 2011.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services.~ The term of this Agreement shall begin on the date first noted above
and shall end one year thereafter, except that the Agreement shall be automatically
extended from year to year, unless the term of the Agreement is otherwise terminated or.
extended, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this ~
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in ~
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in 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 1.2 above and to satisfy Consultant's obligations hereunder.
~ Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set for the in the
Payment Schedule attached as Exhibit B, notwithstanding any contrary indications thaf may be contained in
Consultant's proposal or the Scope of Services, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the.only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified .
herein. Except as specifically authonzed by City, Consultant shall not bill City for tluplicate services
performed by more than one person.
Consulting Services Agreement between April 5, 2011
City of Dublin and interwest lnc. Page 1 of 13
ATTACHMENT 1 TO
EXHIBIT A ~
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Consuitant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated-costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the pa~ties
further agree that compensation hereuntler 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 itlentifications of progress bills; i:e., Pragress Bill No. 1 for the first invoice,
etc.; ~
~ ^ The beginning and ending dates of the billing period;
~ ^ A Task Summary containing the original.contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
~ the percentage of completion;
^ At City's option, for each work item in each.task, a copy of the applicable time
. entries or time sheets.shall be submitted showing the name of the person doing
the work, the hours spent by each person, a,brief description of the work, and
each reimbursable expense; ~
~ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
. reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
^ The Consultant's signature.
2.2 Monthlv Pavment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 ~ Final Payment. City shall pay the last 10% of the total sum, due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Pavment. 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 rentlering seNices pursuant to this Agreement. City shall make
no payment for any extra, further, or adtlitional service pursuant to this Agreement.
In no event shall Consultanf submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properiy
executed change order or amendment.
2.5 Hourly Fees. Fees for work perf.ormed by Consultant on an hourly basis shall not exceed
the amounts shown on the Payment Schetlule, attached as Exhibit B.
2:6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B. .
2.7 Pavment 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 Pavment 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 wotk 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 hot authorized to perform any
`..- .. services or incur any costs whatsoever under the terms of;this Agreernent until receipt.of
authorization from the Cont~act Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forkh herein, Consultant shall, at its sole .
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be .
reasonably necessary for Consultant's use wiiile consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of fumishing 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, inclutling 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 ihis
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
submittetl and matle. part of this Agreement prior to execution. ,
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory INorkers' Compensation Insurance and Employer's Liability Insurance for any .
and all persons employed directly or indirectly by Consuitant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shail 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 Atlministrator. 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, antl
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 certifietl mail, return receipt requested, has been given to the City.
,~: ~ . 4.2 . Commercial General and Automobile Liabilitv Insurance. ~~ .
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4.2.1 General requirements. Corisultant, 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 tlie work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other focm 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 sliall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least.as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition). Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability form CA 0001 (most recent edition)
Code 1("any auto"). No endorsement shall be attached limiting the coverage,
4.2.3 . Additional.requirements. Each of the following shall be includetl in the
insurance coverage or added as an endorsement to the policy:
a. ~ City and its officers, employees, agents, and volunteers shall be covered ~
as insureds with respect to each of the following: liability arising:out of
activities performed by or on behalf of Consultant, including the insured's
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~ generai supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of.protection afforded to
~ ~ City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on ari occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or se{f-insurance maintained by the City sha!{ 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 cove~age shall no# 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 Liabilitv Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' ercors
and omissions.
4.3.1 Any deductible or se{f-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, retum 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: ~
The retroactive date of the policy must be sfiown and must be before the
date of the Agreement. • .
Consulting Services Agreement between • ~ April 5, 2011
City of Dublin and Interwest (nc. Page 5 of 13
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Insurance must be mairitairied and evidence of insurance must be
providetl for at least fve years after completion of the Agreement or the
work, so long as commercially available at reasonable rates. ~
If coverage is canceled or not renewed and it is not replaced with another
claims-matle policy form with a retroactive date that precetles 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 extentled reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
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 requiretl 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 reseNes the right to ..
require complete, certified copies of all required insurance poficies, 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
subcontracto~. 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
autho~ization 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 ~ April 5, 2011
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deductible or self=irisured 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 Coverage. In the~event that any coverage requiretl by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice fo City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.4.7 Wastinq Policies. No policy required by this Section 4 shall include a"wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.5 Remedies. In addition to any other remedies Cify 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 altematives~to other remedies City may have.:and are not the exclusive remedy for . ~
. ConsultanYs breach: ~
~ ^ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement; ~ '
•. Ortler 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 tlemonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5.~ INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to
the fullest extent allowed by law, indemnify, defend with counsel selected by the City, and hofd 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, botlily ~
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 prope~ty, 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, o~ 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 Consu4tant to indemnify and hold
harmless includes the duty.to tlefend as set forth in Section 2778 of the Ca(ifornia Civil Code. Acceptance
by City of insurance certificates and endorsements required under this Agreement does not relieve
Consultant from liability under this indemnifcation and holtl harmless clause, This indemnification and hold
Consulting Services Agreement between April 5, 2011
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harmless clause shall apply to any damages or claims for damages whether or not such insurance policies
shall have been determined to appiy, By execution of this Agreement, Consultant acknowledges and
agrees to the provisions of this Secfion and that it is a material element of consideration. '
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS} to be eligible for enrollment in PERS as an employee of City, Consultant shali
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the~responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 .{ndependent Contractor. At a{I 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 on(y 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 shail 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, antl 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 andlor employee contributions for PERS benefits.
6.2 Consuttant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behaff 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 govem this Agreement.
7.2 Compliance with Applicable Laws. Consultant antl any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Requlations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entitjr, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bountl by the terms of
such fiscal assistance program.
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7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvais of whatsoever nature that are legally required to practice their respective
professions. Consultant rep~esents and warrants to. City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits; and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state; and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contcacting, and the provision of any services that are the subject of this •~~
Agreement,.including but not timited to the satisfaction of any positive obligations required . -
of Consultant thereby. .. ~ , _
Consultant shall include tlie 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 ninery (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
preparetl by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole antl exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amentlment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provitle ~
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
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obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period. ~
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties. .
8.4 Assiqnment and Subcontractinq. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of ConsultanYs unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantiaf intlucement to City4for entering into this
Agreement was and is the professional reputafion and competerice 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 aliocating 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 consuttant 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 Consuftant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifcations,
recortls, 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 antl
agreed that the documents and other materials, including but not limifed to those described
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documenfs are
confidential and will not be released to third parties without prior written consent of both
pa~ties. .
9.2 Consultant's Books and Records. Consultant shall maintain any and afl 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 Gity or as part.of any. autlit of the City, for a period of three (3) years after final •.
payment under the Agreement. ~
Section 10 MISCELLANEOUS PROVISIONS. ~ ~
10.1 Attornevs' 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 attomeys' fees in addition to any other relief to which
tFiat 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 Severabilitv. 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 shal( 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.
Cansulting Services Agreement between ~ Apri15, 2011
City of Dublin and Interwest Inc. - Page 11 of 13
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10.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
antl 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 recycfed paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consulfant may serve other ciients, 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 Govemment Code Section 81000 et seq.
Consuitant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
. Agreement that would violate California Government Code Sections 1090 ef 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 pcevious 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 ef.seq., the entire Agreement is void and Consultant will not be
entitletl 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 sliall be administered by Building Official
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Interwest Consulting Group
Attention: Michael Kashiwagi .
. 9300 West Stockton Blvd
Suite 105
Elk Grove Ca, 95758
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
Consulting Services Agreement between Apri! 5, 2011
City of Dublin and Interwest Inc. ~ _ Page 12 of 13
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. . 100 Civic Plaza
. Dublin, CA 94568
10.11 Integration. This Agreement, including the Scope of Work (Exhibit A); Payment Schedule
~ (Exhibit B) and Special Provisions (Exhibit C) attached hereto represents the entire and
integrated agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral. ~ ~
For: CITY OF DUBLIN CONSULTANT
A Municipal Corporation .
Joni Pattillo, City Manager Michael Kashiwagi, Municipal Services Director
Attest:
.. ~ Caroline Soto, City Clerk . . . . ~ ;~. ~ : ~ ~~
Approved as to Form: - _
John Bakker, City Attorney : .
, . ,
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Consulfing Services Agreement between
City of Dublin and Interwest Inc.
April 5, 2011 ~
Page 13 of 13
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EXHIBIT A
SCOPE OF SERVICES
BUILDING INSPECTION AND PLAN CHECK SERVICES. Consuitant shall enforce provisions of
the City's Building, Residential, Electrical, Piumbing, Mechanical, Green Building Standards,
Universal Design antl Housing Codes; the City of Dublin's Zoning Ordinance; and related State
end local laws. Consuitant shall make such inspections and investigations as may be required to
effect such enforcement antl issue permits as are required by the City's Ordinances and tluly
adopted policies. Such enforcement shall include the duties related to the Building Official as set
forth in the Dublin Municipal Code, and in the performance of such work the Consultant shall do the
following:
a. Plan Review, As directed by the Building Official, review plans prepared by or
on behalf of applicants for compliance with the applicable Federal, State, antl City
ordinances and regulations. Consultant shall maintain a close liaison with City Planning
Department Staff in order to insure that appropriate requirements of the Zoning Ordinance
are incorporated within the plans submitted.. Consultant shall coordinate the submittal of
plans and receipt of comments from. other appropriate agencies having jurisdiction in such
matters relative to enforcement of fire codes, sanitation codes, health codes, hazardous
material regulations, antl other regulatory agencies.
Consultant will strive to complete the first plan check of plans submitted within ten (10)
business days of receipt of complete plans from the applicant. The goal agreed to by
Consultant will be to complete 95% of all complete submittals within the 10 day periotl.
City recognizes that on large-scale projects this may not be possible and Consultant will
strive for a plan review period that does not exceed fifteen (15) days on large-scale
projects.
Consultant will strive to complete all second or subsequent plan checks of plans submitted
within five (5) business days of receipt of complete plans from the applicant. The goal
agreed to by Consultant will be to complete 95% of all complete submittals within the five
(5) tlay period. City recognizes that on large-scale projects this may not be possible and
Consultant will strive for a plan.review period that does not exceed ten (10) days on large-
scale projects.
In the event that workloads hinder the timely completion of Plan Reviews, upon
authorization by the Building Official, Consultant may utilize off-site plan checking at
Consultant's office. Performance of said work shall be in accordance with the hourly rate
~for such services as stated in this agreement and only upon approval of City.
b. . Builtlinq Inspection. Provide building inspection services during the'course of
construction of facilities to enforce compliance with the provisions of applicable laws
including City Ordinances and regulations set forth on the plans for.which the permit is
issued. In the performance of such duties, Consultant shall provide prompt inspection for
Consulting Services Agreement betweeri April 5, 2011
City of Dublin and Interwest Inc--Exhibit A Page 1 of 3
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each project at the completion of the various stages of construction to determine
compliance. Consultant shall provide City Manager and/or designee with relevant
background information on all assigned inspection personnel prior to assignment under
this Agreement. Consultant shall assign competent personnel whose background,,
experience, applicable certifications, and demeanor demonstrate an ability to conduct
inspections of the type required under this Agreement, in accordance with City standards.
City Manager and/or designee shall determine acceptability o# assigned inspection
personnel. Consultant shall promptly identify alternate personnel in the event of a request
by City Manager andlor designee. ,
In the event that Consultant requests a change in the assigned inspection personnel,
Consultant shall bear the full cost of any training required to familiarize the assigned
personnel with the current status of projects in the City. At the minimum this shall include
a one-week overlap with both inspectors. In the event that an assigned inspector is absent
for a period of greater than three concurrent wo~Cdays, the Consultant will provide a
qualified temporary replacement that is approved by the City.
c. Housinq Code Enforcement. Under the direction of the Building Official,
Consultant shall enforce the City Housing Code by investigation of complaints regarding
sub-standard housing conditions and when necessary, prepare cases for citation hearings,
criminal proceedings in municipal court, and/or civil abatement proceedings.
d. Presentation of Cotle Updates. In the event that the State of Califomia adopts
revisions to any of the adopted codes during the term of this Agreement, Consultant shall
assist Building O~cial in preparing the staff report and necessary ordinances in advance of
the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by
the City, including Building Official services. Fees for such services shall be negotiated on
an as-needed basis as approved by the City` Manager or his/her designee.
2. PROJECTIONS. On an annual basis and in conjunction with.the City Budget process, Consultant
~ shall submit estimates of the projected quantities of each of the following for the coming year:
Staffing, Permit Fees, and Construction Activity, which will affect the provision of services untler
this Agreement. Given the inability to precise(y predict building activity, these projections are for
planning purposes only and there shalt not be a guaranteed number of hours of service under this
Agreement.
REPORTING/PUBLIC INFORMATION. Consultant shall be responsible for coordination of
monthly and annual reports summarizing activities undertaken pursuant to this Agreement.
Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As
required, Consultant may prepare staff reports for City Council, including but not limited to review
and adoption of related code updates. Consultant shall also assist with the preparation of
informational brochures designed to assist the public with the Building and Safety process.
Consulting Services Agreement between April 5, 2011
City of Dublin and Interwest Inc--Exhibit A Page 2 of 3
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4, COLLECTION OF FEES. All fees collected from permit appiicants in connection with the carrying
out of the functions set forth in this Agreement shall be collected by the City. If required,
Consultant shall submit as appropriate, information and recommendations on proposed City
adjustments to the adopted fee schedules.
5: LIMITATIONS fAV01DANCE OF CONFLICTS). During the term of this Agreement, Consultant
shall not provitle services to any client for a project thatrequires any approval from the City.
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Consulting Services Agreement between April 5, 2011
City of Dublin and Interwest Inc--Exhibit A Page 3 of 3
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~ EXHIBIT B
Interwest Consulting Group
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in
section B. Consultant shall submit invoices, not more often than once per month, based upon the
work completed. At the sole tliscretion of the City, other payment schedules may.be considered.
Invoices shall include an accounting of all hours by classification and task. The format and
documentation included on the invoice shall be subject to approval by the City Manager and/or
designee. '
B. HOURLY RATES: .
The following rates include all reimbursable or indirect costs, including but not limited to a vehicle
and mobile.field device (smart phone or laptop) compatible with the City's permitting system.
1, Supervising Building Inspector ~ $95.00
° _ (Includes oversight of Contract Inspectors, ,
. ~ monitoring of Inspections demand and a . . ~
- ~ knowledge / certification in
. commercial / multi family building systems.) -
2. Building Inspector II $85.00
(Includes knowledge and certification in commercial
building systems including structural, mechanical,
plumbing, and electrical systems.)
3. Building Inspector I $79.00
(Includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
~ Industrial Plans.) ~
4. Plan Check Engineer $110.00
(As-authorized by City Manager and/or designee.)
-- Consulting Se-vices Agreement between April 5, 2011
City of Dublin and Interwest Inc., Exhibit B Page 1 of ~
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between Shums Coda
Associates (Consultant) and City of Dublin (City): .
ASSIGNED PERSONNEUSUBCONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of
personnel or use by Consultant of subcontractors.
Submittal to City Manager. The name, background and experience of any antl every firm or
indivitlual to which any work outlined in this Agreement is to be performed must be submitted
to the City Manager and/or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant of any liability for the work to be performed
, pursuant to this Agreement, nor shall such•approval infer any contractual relationship
. ~ between City and any subcontractor. . ~ ~
EMER~ENCY OPERATIONS ASSISTANCE. .
The following terms antl conditions are hereby agreed to by Consultant in the event of a local or regional ~~
emergency:
a. Report into the Citv of Dublin Emerqency Operations Center (E.O.C.). Contract personnel ,
will make a reasonab{e effort to report to the City of Dublin E.O.C. as soon as possible
following a~local or regional emergency.
Consultant shall provide emerqency preparetlness traininq. All contract personnel shall
maintain at all times appropriate emergency training and certification, such as ATC-20
Damage Assessment Training and Certification.
c. The Consultant.shall make contract personnel and Consultant resources available for
emerqencv resqonse at the same hourly rates and conditions specified in this contract. ,,._ .
The Consultant acknowledqes that emerqenc~response work mav require variations in
work hours antl assiqnments.
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Consulting Services Agreement between April 5, 2011
City of Dublin and Interwest Inc. --Exhibit B Page 1 of 1