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Home My WebLink About4.02 Amend Taugher & Assoc Agreement 600-3o CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 23, 1987 SUBJECT Taugher & Associates Building Law Enforcement Services Contract Evaluation EXHIBITS ATTACHED 1) Current Agreement for Building Law Enforcement Services 2) 1986 Amendment to Agreement 3) 1987 Proposed Amendment to Agreement 4 ) Budget Change Forms RECOMMENDATION 1) Approve Amendment to Agreement and authorize Mayor to execute said Agreement 2) Authorize budget transfer from the Contingent Reserve to Planning Professional Services Account in the amount of $18, 250 FINANCIAL STATEMENT: See Below DESCRIPTION 1987-88 Proposed Contract Taugher & Associates have proposed new rates for Fiscal Year 1987-88 as indicated in the January 8, 1987 memo from Vic Taugher. The proposed rates for the upcoming fiscal year are as follows : Proposed Rate Increase in Rate Building Official $ 70. 00 hr 2. 00 hr Building Inspector 43. 75/hr 1. 25/hr Zoning Investigator 37. 50/hr 1 . 00/hr The proposed increase is slightly less than 3%, which Staff believes is reasonable. However, the Contractor has also proposed that the City once again assist in covering the liability insurance increases that the Contractor will incur. During Fiscal Year 1986-87, the Council agreed to cover a $12, 000 increase in the Contractor ' s insurance rates in order that the Contractor could continue providing services. This year, the Contractor has requested that the City increase this subsidy to approximately $16, 000, should the Contractor ' s insurance coverage premium increase to that amount. At this time, the Contractor has not received a firm premium quotation from the Contractor ' s Insurance Broker. Recommendation Based upon the overall quality and level of professionalism which has been provided by the Contractor, as well as the modest rate increase proposed for Fiscal Year 1987-88, it is Staff ' s recommendation that the City Council review the performance of the Contractor and approve an amendment to the Contractor ' s existing agreement for Fiscal Year 1987-88. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. WtZ AGREEMENT FOR BUILDING LAW ENFORCEMENT SERVICES THIS AGREEMENT is made and entered into this 1st day of August 1983 , by and between the City of Dublin, a municipal corporation, hereinafter referred to as the "City" , and Taugher & Associates, an Individual, hereinafter referred to as the "Building Official" . W I T N E S S E T H WHEREAS, the Building Official has submitted to the City a proposal to provide building law enforcement services to the City; and WHEREAS, the City has determined that it is advantageous and in the best interest of the City to enter into the Agreement hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1 . Building Inspection Services . Building Official shall enforce the provisions of the City ' s Building, Electrical, Plumbing, Mechanical and Housing Codes ; the City' s Zoning Ordinance; and related State laws . Building Official shall make such inspections and investigations as may be required to effect such enforcement and issue permits as are required by City' s Ordinances and Codes . Such enforcement shall include the duties as set forth in the Ordinance of the City for the Building Official and in the performance of such work, the employees of the Building Official .shall do the following: a. Plan Review. Building Official shall review the plans prepared by or on behalf of private developers for compliance with applicable State and City ordinances and regulations . Building Oficial shall maintain close liaison with the City' s Planning Director in order that the appropriate requirements of the Zoning Ordinance are incorporated within such building plans . Building Official shall arrange review by other appropriate agencies having 'jurisdiction in such matters relative to enforcement of fire codes, sanitation codes and health codes . When satisfied that the appropriate requirements of the City' s codes have been met, Building Official shall issue permits as set forth in such codes . b . Building Inspection. Building Official shall provide building inspection service during the course of construction of private facilities to enforce compliance with the provisions of the applicable State and City ordinances and regulations set forth on the plans for which the permit is issued. In the performance of such duties, Building Official shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance_ c . Zoning Enforcement. Building Official shall provide enforcement of all aspects of the City ' s Zoning Ordinance and will make all necessary investigations and follow-up inspections to assure compliance with the Zoning Ordinance and the conditions of approval of various variances, conditional use permits , site reviews and other zoning approvals . Enforcement will include preparation of cases for citation hearings and criminal proceedings in municipal court. Building Official shall perform other activities as directed by the City. d. Housing Code Enforcement. Building Official shall enforce the City ' s Housing Code by investigation of complaints regarding sub-standard housing ccnditions and where necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and civil abatement proceedings . Building Official shall perform other activities as directed by the City. Page 1 e . Facilit—i for Records . The City si._�l provide an office for conducting the duties set forth in this Agreement, and shall provide necessary furnishings, telephone, permit forms and codes . Within this office, Building Official shall assemble such records customarily maintained by a City Building Department. Such records shall, at all times, be the property of the City. 2 . Ccllection of Fees . All fees to be collected in connection with the carrying out of the functions set forth above, shall be collected by the City. Building Official shall review the appropriate ordinances and fee schedules in effect by the City, and shall compute the amount of such fees to be collected by the City. 3 . Compensation to Building Official. Building Official shall be compensated monthly for services rendered in accordance with the schedule contained on Exhibit "A" which is attached hereto. 4 . General Conditions . a. Avoidance of Conflicts . During the life of this Agreement, Building Official shall not provide services to any client for a project which requires any permit or approval from the City. b . Compliance with Laws . Building Official, his agents and employees, shall comply with all laws, ordinances, rules and regulations of the State, County, the City of Dublin, and all governing bodies having jurisdiction applying to work done or to be done under the Agreement. C . Insurance and Indemnification. Building Official shall assume liability and pay all costs of defense, including legal fees and court costs , and hold the City harmless from loss , damages , costs or expenses caused by any negligent or wrongful acts , errors, or omissions of Building Official ' s officers, employees and agents which may occur in the performance of the terms, duties and obligations of this Agreement. Building Official shall provide a certificate. of insurance to the City, to be included as part of this Agreement, which will give evidence of general liability insurance of not less than $1, 000 , 000 . 00 for personal injury, accidental death and property damage; and further provide to the City a Certificate of Insurance, which gives evidence of automobile liability insurance coverage of not less than $1, 000, 000 .00 for personal injury and accidental death, and $50 , 000 . 00 for property danage per occurrence. City shall be named as an additional insured in any such liability insurance policy . Building Official shall pay all premiums for said insurance . Building Official shall also provide the City with a certificate of insurance, to be included as part of this Agreement, which will give evidence that Building Official ' s employees are covered by worker ' s compensation insurance . All certificates of insurance which are a part of this Agreement shall be approved by the City Manager and City Attorney as to form and content . d. Assignability. Building Official shall not assign this contract without prior written consent of the City. e . Clerical Support . City agrees to provide adequate clerical support to the Building Department function as mutually agreed upon by City and Building Official . f . Subcontractor . The name, background and experience of any and every firm to which any work outlined in these specifications is to be sub-contracted by the person or firm to which the prime agreement is awarded must be submitted to the City Manager for his approval . Unless a sub-contract is approved by the City Manager, the holder of the prime agreement must do all the work outlined in these specifications , using his own equipment and personnel . It must be clearly understood that the holder of the prime agreement, Page. 2 irrespective of y approved sub-contract, will 1 Ad entirely responsible for the quality and quantity of work to be done under the terms of the agreement. No sub-contract to do any work outlined in these specifications is to run longer than one year, and the extension or renewal of any such sub-contract agreement can only be made with the approval of the City Manager. The agreement will not be assignable in whole or part, without the express written approval of the City Manager. 5 . Responsible Individual. The individual directly responsible for the performance of the duties of Building Official as hereabove set forth shall be Victor L. Taugher, a California Registered Civil Engineer, License #9556, and Fire Protection Engineer License #911. Upon mutual agreement and direction of the City. Manager, Building Official may substitute other individuals in the above capacity as responsible individual . 6 . Term of Agreement. a. Term of Agreement. This Agreement shall be effective until terminated. This Agreement may be cancelled by the City, upon thirty (30) days advance written notice. This Agreement may be cancelled by Building Official upon ninety (90) days advance written notice. b. Notices . Any written notices to the parties hereto shall be sufficient if they are deposited in the United States Post Office, in envelopes, postage prepaid by registered or certified mail addressed as follows : City: City of Dublin PO Box 2340 Dublin, California 94568 Building Official : Taugher & Associates 18681 Vineyard Road Castro Valley CA 94546 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and. year first above written. CITY OF DUBL- By M yor ATTEST: City _C44, k TAUGHER & ASSOCIATES BY Page 3 PROPOSED CHANGES TO EXHIBIT A RATE SCHEDULE CLASSIFICATION FEE RATE PER HOUR Building Inspector Inspection $35 .00 Housing & Zoning Enforcement 35 .00 Plan Checking (Residential and non-structural commercial and industrial plan checking) 35 .00 Principal Building Official Inspection 35 .00 Housing & Zoning Enforcement 35 .00 Plan checking (complex residential, commercial and industrial buildings ) 59 .00 Supervision and administration* 59 .00 Mileage Rate $ . 25 per mile This rate schedule will be effective for the first year of this agreement. The rates will be adjusted thereafter annually, as mutually agreed upon by the Building Official and the City. In the event that Building Official is requested to perform services in excess of forty (40 ) hours in any one (1) week, or in the event that there is an emergency requirement for the services of the Building Official and the City is reimbursed for said services, Building Official shall be compensated at 1-1/2 times the above hourly rates . Standard rates will apply for Building Official ' s attendance at Planning Commission and City Council meetings . * Supervision duties include review and coordination of work performed by inspectors and clerical support staff. Administrative duties include Council and Commission meeting attendance when requested, meeting with applicants and developers, interagency coordination and coordination with Staff, development of office procedures, operations, etc . Page 4 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TAUGHER and ASSOCIATES, INC. FOR BUILDING LAW ENFORCEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") , and Taugher and Associates, Inc. (hereinafter referred to as "BUILDING OFFICIAL" ) , first entered -into an Agreement on August 1; 1983 to provide Building Law Enforcement Services to the -City of Dublin; and WHEREAS, the' fees established in Exhibit A of the original agreement were ' to be annually reviewed and adjusted as mutually agreed upon by the -Building Official and the City; and WHEREAS, an adjustment of fees for services has been made by the City on -an annual basis in the past; . and WHEREAS, the City wishes to continue contracting for services from Building Official; and WHEREAS, an adjustment of fees for services rendered is desired by both the City and Building Official. NOW, THEREFORE, the parties hereto agree as follows: SECTION I . ADJUSTMENT OF RATES The TAugher. and Associates hourly rate schedule (Exhibit A) shall replace the rate schedule which was 'adopted by the City Council and became effective . August 1, 1985. The change in rate shall be effective September 1, 1986 and shall continue in effect until rescinded or amended by the City Council, according -to the provisions .of the agreement. CITY FJ IN Maydr ATTE City Cle k TAU/G/HER AND ASSOCIATES v Vict6r L, augher •. , ,. ..--.:�-..-....... rsr^ rni-TSti^..`T: ''>lS:'T "SG^:S: _-r_'!ar�-..n.�.� ..r _..... .'T'.".".'�,.._. !'X7".:7 .. -. EXHIBIT .A RATE SCHEDULE . CLASSIFICATION .:'FEE RATE PER HOUR : * Building :Inspector $ 42.50 • ' Inspection 42.50 Housing::&'Zoning Enforcement 42.50 Plan Checking (Residential & Non Structural Commercial A Industrial P1an. Checking) 42.50 Principal: Build.ing Official . Inspection :.:.,. 42.50 Housing. & ' Zoning Enforcement 42.50 Plan Checking (Complex Residential, Commercial. & Industrial Buildings) 68.00 Supervision & Administration 68.00 , ** Zoning Investigator Zoning ;Enforcement 36.50 This rate -schedule will be effective for the period beginning on September-J,'.19.86 and ending on July . 31,. 1987. The rates will be :-adjusted.--:-thereafter annually, as ' mutually' agreed upon by "the Building:'Official and .the City of Dublin. In the event that the Building -Official is requested to perform services -in..-excess of forty (40) hours in any one (1) week, or in the 'event-.:that. .there is an emergency -requirement for the services of the Building Official and the City is reimbursed for said services, the Building Official shall be . compensated at 1 1/2 times the' above hourly rates. Standard rates will apply for Building Official's -attendance at Planning Commission. and City Council meetings. * An additional. insurance surcharge of $3 .00/hour not to exceed $12, 000 will be added to the above hourly rates. ** Supervision duties include review and coordination of work performed by Inspectors and clerical support staff. Administrative duties include City Council and Commission . meeting attendance when requested, meetings with applicants and developers, inter-agency coordination and coordination with Staff, development of office procedures, operations, etc. ° „ .. ... .. .. �.-:.ui.xs-:z•--:.. .-. .. ..... •r ... ^---r.--.c.rs•r.�r%r.�:--�-;-=.�r,�.+.a....�.."--v.-uv,,..*�•:v+-�•—..-.±..,.�-r.'�—:er��.-�"�r_^.•-^.... - • AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TAUGHER and ASSOCIATES, INC. ' FOR BUILDING LAW ENFORCEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY" ) , and Taugher and Associates, Inc . (hereinafter referred to as "BUILDING OFFICIAL" ) , first entered into an Agreement on August 1, 1983 to provide Building Law Enforcement Services to the City of Dublin; and WHEREAS, the fees established in Exhibit A of the original agreement were to be annually reviewed and adjusted as mutually agreed upon by the Building Official and the City; and WHEREAS, an adjustment of fees for services has been made by the City on an annual basis in the past; and .WHEREAS, the City wishes to continue contracting for services from Building Official ; and WHEREAS, an adjustment of fees for services rendered is desired by both the City and Building Official . NOW, THEREFORE, the parties hereto agree as follows : SECTION I . ADJUSTMENT OF RATES The Taugher and Associates hourly rate schedule (Exhibit A) shall replace the rate schedule which was adopted by the City Council and became effective September 1, 1986 . The change in rate shall be effective August 1 , 1987 and shall continue in effect until rescinded or amended by the City Council, according to the provisions of the agreement. CITY OF DUBLIN Mayor ATTEST: City Clerk TAUGHER AND ASSOCIATES Victor L. Taugher EXHIBIT A RATE SCHEDULE CLASSIFICATION FEE RATE- PER HOUR Building Inspector $. 43 . 75 Inspection 43 . 75 Housing & Zoning Enforcement 43 . 75 Plan Checking (Residential & Non Structural Commercial & Industrial Plan Checking) 43. 75 Principal Building Official Inspection 43 . 75 Housing & Zoning Enforcement 43 . 75 Plan Checking (Complex Residential , Commercial & Industrial Buildings ) 70. 00 Supervision & Administration 70. 00 ** Zoning Investigator Zoning Enforcement 37 . 50 This rate schedule will be effective for the period beginning on August 1 , 1987 and ending on July 31, 1988. The rates will be adjusted thereafter annually, as mutually agreed upon by the Building Official and the City of Dublin. In the event that the Building Official is requested to perform services in excess of forty (40) hours in any one (1 ) week, or in the event that there is an emergency requirement for the services of the Building Official and the City is reimbursed for said services , the Building Official shall be compensated at 1 1/2 times the above hourly rates . Standard rates will apply for Building Official ' s attendance at Planning Commission and City Council meetings . * An additional insurance surcharge of $3 . 00/hour not to exceed the actual increased 1986-87 and 1987-88 insurance premium costs or $16, 000, whichever is less . ** Supervision duties include review and coordination of work performed by Inspectors and clerical support staff . Administrative duties include City Council and Commission meeting attendance when requested, meetings with applicants and developers, inter-agency coordination and coordination with Staff, development of office procedures, operations, etc . C12Y OF DUBLIN BUDGET CHANGE FORM FROM TO DAPPROPRIATION ACCOUNT AI'I:OUNT ACCOUNT AMOUNT D TRANSFER 1-108-705. 22 $18, 250 1-901-705. 05 $18, 250 AMENDMENT JUSTIFICATION This transfer will provide 500 additional hours of zoning investigator services to complete the sign enforcement survey and notification. ITEMITIZED COST Professional Services $18, 250 TOTAL $18, 250 CITY DATE MANAGER APPROVAL CITY DATE '. OUNCIL APPROVAL