Loading...
HomeMy WebLinkAboutReso 38-19 Amendments to Consulting Services Agreements for On-Call Contract Building and Safety Services RESOLUTION NO. 38— 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * ** * * ** * * * * APPROVING AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS FOR ON-CALL CONTRACT BUILDING AND SAFETY SERVICES WHEREAS, the City Council has approved Consulting Services Agreements with qualified consultants to provide certain building and safety services on an as needed basis; and WHEREAS, said consultants were selected through a Request for Qualifications process. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve Amendments to the Consulting Services Agreement with 4Leaf Inc., Shums Coda & Associates, TRB + Associates, and West Coast Code Consultants, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments attached hereto as Exhibit A and make any other minor changes to the amendments to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of May 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: ayor ATTEST: 0;1A42k- City Clerk Reso 38-19, Adopted 5/7/2019, Item 4.4 Page 1 of 1 CONSULTINGAMENDMENT #1 TO THE CITY OF DUBLIN AND 4LEAF, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "City") and 4LEAF, INC. (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, in 2016, Staff prepared and initiated a Request for Qualifications (RFQ) for on -call Building and Safety services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms to provide certain Building and Safety services; and WHEREAS, the existing Agreement is set to expire on June 30, 2019 and has a not -to -exceed sum of $5,500,000; and WHEREAS, the City and Consultant mutually desire to extend the term of services to expire on June 30, 2021, increase the not -to -exceed amount to $8,500,000, modify section 7.5 (Nondiscrimination and Equal Opportunity) of the Agreement, increase the reimbursable rates as provided in Exhibit B to the Agreement and modify the Special Provision (Exhibit C to the Agreement) to add Compliance with Applicable Law section. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 Term of Services: The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, 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. All other provisions of Section 1 of the Agreement shall remain in effect. 2) Section 2. Compensation: City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not exceed $8,500,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, 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, 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 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, 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. All other provisions of Section 2 of the Agreement shall remain in effect. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Exhibit B Payment Schedule — Section B. Hourly Rates: The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. Supervising Building Inspector $119 (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge / certification in commercial / multi- family and single-family building systems. May include plan checking assignments) 2. Building Inspector III $109 (Includes knowledge / certification in commercial / multi -family and single- family building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 3. Building Inspector II $97 (Includes knowledge / certification in residential building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 4. Building Inspector 1 $84 (Includes inspections of residential buildings) 5. Building Inspector Trainee $63 (Includes training or entry level inspections of residential buildings) 6. Plan Review (on or off site) $130 (Includes accessibility plan review meeting State standards) 7. Certified Access Specialist — $5 Augmentation Inspector (An hourly surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) 8. Overtime rate 150% of Above Hourly Rates (When pre -approved in writing from Contract Administrator or designee) All other provisions of Exhibit B of the Agreement shall remain in effect. 5) Exhibit C Special Provisions. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. Specifically, Consultant shall ensure that all of its employees or agents assigned to City are compliant with the requirements of Health & Safety Code sections 18949.25-18949.31 (the "Certification and Continuing Education Statutes"). Consultant agrees to bear the full costs of certification, certification renewal, and continuing education mandated by the Certification and Continuing Education Statutes. Further, Consultant shall provide to the City, within 30 days of the Effective Date, documentation that all employees or agents of the Consultant that are assigned to the City under this Agreement are compliant with the Certification and Continuing Education Statutes. Updated documentation shall be provided on an annual basis, when a new personnel assignment is made, or as requested by the City All other provisions of Exhibit C of the Agreement shall remain in effect. 5) Paragraph 10.11 Integration shall be rescinded in its entirety and replaced with the following: 10.11 Integration. This Agreement, including Exhibits A, B-revised and C- revised, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. BE IT FURTHER RESOLVED that all requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above; and BE IT FURTHER RESOLVED that the individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal poser, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. (signatures on next page) Dated: in Caroline Soto, City Clerk Dated:` By: Christopher L. Foss, City Manager Kevin Duggan, Principal AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SHUMS CODA ASSOCIATES. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "City") and SHUMS CODA ASSOCIATES. (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, i; � 2016, Staff prepared and initiated a Request for Qualifications (RFQ) for on -call Building and Safety services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms to provide certain Building and Safety services; and WHEREAS, the existing Agreement is set to expire on June 30, 2019 and has a not -to -exceed sum of $500,000; and WHEREAS, the City and Consultant mutually desire to extend the term of services to expire on June 30, 2021, modify section 7.5 (Nondiscrimination and Equal Opportunity) of the Agreement, increase the reimbursable rates as provided in Exhibit B to the Agreement and modify the Special Provision (Exhibit C to the Agreement) to add Compliance with Applicable Law section. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 Term of Services: The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A_ prior to that date, unless the term of the Agreement is otherwise terminated or extended, 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. All other provisions of Section 1 of the Agreement shall remain in effect. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Exhibit B Payment Schedule — Section B. Hourly Rates: The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. Supervising Building Inspector $115 (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge / certification in commercial / multi- family and single-family building systems. May include plan checking assignments) 2. Building Inspector III $100 (Includes knowledge / certification in commercial / multi -family and single- family building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 3. Building Inspector II $95 (Includes knowledge / certification in residential building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 4. Building Inspector 1 $85 (Includes inspections of residential buildings) 5. Building Inspector Trainee $75 (Includes training or entry level inspections of residential buildings) 6. Plan Review (on or off site) $120 (Includes accessibility plan review meeting State standards) 7. Certified Access Specialist — $5 Augmentation Inspector (An hourly surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) 8. Overtime rate 150% of Above Hourly Rates (When pre -approved in writing from Contract Administrator or designee) All other provisions of Exhibit B of the Agreement shall remain in effect 4) Exhibit C Special Provisions. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.. Specifically, Consultant shall ensure that all of its employees or agents assigned to City are compliant with the requirements of Health & Safety Code sections 18949.25-18949.31 (the "Certification and Continuing Education Statutes"). Consultant agrees to bear the full costs of certification, certification renewal, and continuing education mandated by the Certification and Continuing Education Statutes. Further, Consultant shall provide to the City, within 30 days of the Effective Date, documentation that all employees or agents of the Consultant that are assigned to the City under this Agreement are compliant with the Certification and Continuing Education Statutes. Updated documentation shall be provided on an annual basis, when a new personnel assignment is made, or as requested by the City All other provisions of Exhibit C of the Agreement shall remain in effect. 5) Paragraph 10.11 Integration shall be rescinded in its entirety and replaced with the following: 10.11 Integration. This Agreement, including Exhibits A, B and C-revised, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. BE IT FURTHER RESOLVED that all requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above; and BE IT FURTHER RESOLVED that the individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal poser, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: Christopher L. Foss, City Manager ATTEST: Caroline Soto, City Clerk SHUMS CODA ASSOCIATES. Dated: 'l% By: David Basinger, AIA, Principal AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRB + ASSOCIATES, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "City") and TRB + ASSOCIATES, INC. (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, in 2016, Staff prepared and initiated a Request for Qualifications (RFQ) for on -call Building and Safety services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms to provide certain Building and Safety services; and WHEREAS, the existing Agreement is set to expire on June 30, 2019 and has a not -to -exceed sum of $500,000; and WHEREAS, the City and Consultant mutually desire to extend the term of services to expire on June 30, 2021, increase the not -to -exceed amount to $750,000, modify section 7.5 (Nondiscrimination and Equal Opportunity) of the Agreement, increase the reimbursable rates as provided in Exhibit B to the Agreement and modify the Special Provision (Exhibit C to the Agreement) to add Compliance with Applicable Law section. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 Term of Services: The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, 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. All other provisions of Section 1 of the Agreement shall remain in effect. 2) Section 2. Compensation: City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not exceed $750,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, 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, 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 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, 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. All other provisions of Section 2 of the Agreement shall remain in effect. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Exhibit B Payment Schedule — Section B. Hourly Rates: The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. Supervising Building Inspector $120 (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge / certification in commercial / multi- family and single-family building systems. May include plan checking assignments) 2. Building Inspector III $110 (Includes knowledge / certification in commercial / multi -family and single- family building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 3. Building Inspector II $100 (Includes knowledge / certification in residential building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 4. Building Inspector 1 $90 (Includes inspections of residential buildings) 5. Building Inspector Trainee $75 (Includes training or entry level inspections of residential buildings) 6. Plan Review (on or off site) $135 (Includes accessibility plan review meeting State standards) 7. Permit Technician $80 8. Certified Access Specialist — $5 Augmentation Inspector (An hourly surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) 9. Overtime rate 150% of Above Hourly Rates (When pre -approved in writing from Contract Administrator or designee) All other provisions of Exhibit B of the Agreement shall remain in effect. 5) Exhibit C Special Provisions. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.. Specifically, Consultant shall ensure that all of its employees or agents assigned to City are compliant with the requirements of Health & Safety Code sections 18949.25-18949.31 (the "Certification and Continuing Education Statutes"). Consultant agrees to bear the full costs of certification, certification renewal, and continuing education mandated by the Certification and Continuing Education Statutes. Further, Consultant shall provide to the City, within 30 days of the Effective Date, documentation that all employees or agents of the Consultant that are assigned to the City under this Agreement are compliant with the Certification and Continuing Education Statutes. Updated documentation shall be provided on an annual basis, when a new personnel assignment is made, or as requested by the City All other provisions of Exhibit C of the Agreement shall remain in effect. 5) Paragraph 10.11 Integration shall be rescinded in its entirety and replaced with the following: 10.11 Integration. This Agreement, including Exhibits A, B-revised and C- revised, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. BE IT FURTHER RESOLVED that all requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above; and BE IT FURTHER RESOLVED that the individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal poser, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. (signatures on next page) CITY OF DUBLIN Dated: ATTEST- 0 Caroline Soto, City Clerk TRB + ASSOCIATES, INC. Dated: Christopher L. Foss, City Manager By: Tod ai ey, PE, Principal -in -Charge AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WEST COAST CODE CONSULTANTS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "City") and WEST COAST CODE CONSULTANTS, INC. (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, in 2016, Staff prepared and initiated a Request for Qualifications (RFQ) for on -call Building and Safety services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms to provide certain Building and Safety services; and WHEREAS, the existing Agreement is set to expire on June 30, 2019 with a not -to -exceed amount of $500,000; and WHEREAS, on April 17, 2018, the City Council approved a first amendment increasing the not -to -exceed amount to $800,000; and WHEREAS, the City and Consultant mutually desire to extend the term of services to expire on June 30, 2021, increase the not -to -exceed amount to $1,000,000, modify section 7.5 (Nondiscrimination and Equal Opportunity) of the Agreement, increase the reimbursable rates as provided in Exhibit B to the Agreement and modify the Special Provision (Exhibit C to the Agreement) to add Compliance with Applicable Law section. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 Term of Services: The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A_ prior to that date, unless the term of the Agreement is otherwise terminated or extended, 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. All other provisions of Section 1 of the Agreement shall remain in effect. 2) Section 2. Compensation: City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not exceed $1,000,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, 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, 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 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, 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. All other provisions of Section 2 of the Agreement shall remain in effect. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Exhibit B Payment Schedule — Section B. Hourly Rates: The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. Supervising Building Inspector $120 (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge / certification in commercial / multi- family and single-family building systems. May include plan checking assignments) 2. Building Inspector III $110 (Includes knowledge / certification in commercial / multi -family and single- family building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 3. Building Inspector II $100 (Includes knowledge / certification in residential building systems including structural, mechanical, plumbing, and electrical systems. May include plan checking of non-structural plans.) 4. Building Inspector 1 $90 (Includes inspections of residential buildings) 5. Building Inspector Trainee $75 (Includes training or entry level inspections of residential buildings) 6. Plan Review (on or off site) $135 (Includes accessibility plan review meeting State standards) 7. Permit Technician $80 8. Certified Access Specialist — $5 Augmentation Inspector (An hourly surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) 9. Overtime rate 150% of Above Hourly Rates (When pre -approved in writing from Contract Administrator or designee) All other provisions of Exhibit B of the Agreement shall remain in effect. 5) Exhibit C Special Provisions. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.. Specifically, Consultant shall ensure that all of its employees or agents assigned to City are compliant with the requirements of Health & Safety Code sections 18949.25-18949.31 (the "Certification and Continuing Education Statutes"). Consultant agrees to bear the full costs of certification, certification renewal, and continuing education mandated by the Certification and Continuing Education Statutes. Further, Consultant shall provide to the City, within 30 days of the Effective Date, documentation that all employees or agents of the Consultant that are assigned to the City under this Agreement are compliant with the Certification and Continuing Education Statutes. Updated documentation shall be provided on an annual basis, when a new personnel assignment is made, or as requested by the City All other provisions of Exhibit C of the Agreement shall remain in effect. 5) Paragraph 10.11 Integration shall be rescinded in its entirety and replaced with the following: 10.11 Integration. This Agreement, including Exhibits A, B-revised and C- revised, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. BE IT FURTHER RESOLVED that all requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above; and BE IT FURTHER RESOLVED that the individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal poser, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. (signatures on next page) CITY OF DUBLIN Dated: ATTEST: Caroline Soto, City Clerk By: Christopher L. Foss, City Manager WEST COAST CODE CONSULT""T" "'"' Dated: k