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HomeMy WebLinkAboutItem 5.2 Building Inspection Services (2) I CITY OF DUBLIN AGENDA STATEMENT MEETING DATE: June 27 , 1983 SUBJECT Building Inspection Services Contract EXHIBITS ATTACHED Agreement for Building Law Enforcement Services with Taugher and Associates; Letters from the County Administrator dated April 19 , May 16 , and May 26 , 1983 . RECOMMENDATION 1) Approve agreement with Taugher & Associates . 2) Authorize Staff to notify County of City' s intent to terminate Building Inspection Services FINANCIAL STATEMENT: effective August 15 , 1983 . Costs based on hourly rates should be offset by build- ing :.permit ;fees. and .ddpend.,upon .level of. construction activity. DESCRIPTION Background During June 1982 Staff met with representatives of the County, including the Public Works Agency Director, the Assistant Building Official and a repre- sentative from the County Administrator ' s Office, for the purpose of negoti- ating a contract for Building Inspection Service. At that meeting, a number of problems were raised regarding the establishment of a local building department office in the Dublin City Offices . As a result of this meeting, a one-year contract was approved with the County providing building department services from Hayward, and further, the County was cognizant that the City intended to begin looking for other alternative providers . In the fall of 1982 , Staff began contacting several firms that might be interested in providing building inspection services. At that time the City was contacted by Victor Taugher who expressed an interest in providing contract building services as a private consultant. Mr. Taugher presented a proposal to the City in October of 1982 , as did another firm. At the same time the City Council expressed an interest in pursuing public works projects and addressing traffic congestion. Staff deferred pursuit of the Building Inspection Services Contract and devoted attention to the selection of a City Engineer. On March 28 , 1983 , the City Council approved a Request for Proposal for Building Inspection Services and directed Staff to focus on private contract services, as opposed to investigating the alternative of providing building department services with City employees . As part of the request for proposal process , Staff contacted those firms and individuals which had previously expressed an interest in providing building department services to the City , and made arrangements with a private consultant and a contractor oriented publication to advertise the City' s interest in contracting for building inspection services . Staff also contacted the County to determine if the County was interested in overcoming those obstacles identified last year and making a proposal to the City. Selection Process In soliciting proposals , consideration was given to only those firms or individuals who had demonstrated experience in the area of building depart- ment services . In accordance with earlier City Council approval , Staff utilized the advisory services of William F. Anderson, who has approximately forty years ' experience in the area of building inspection and plan checking , --------------------------------------------------------------------------- COPIES TO: Victor Taugher ITEM N0. County Administrator ' s Office ��• .v AGENDA STATEMENT: Building Inspection Services Contract Page 2 and has served as Chief Building Official for a number of agencies in and outside of the Bay Area. Mr. Anderson assisted in the development of the Request For Proposal , reviewed the background of several firms which sub- mitted proposals and assisted in the interviewing of several firms. The City received _proposals from a total of four private contractors and the County. Three of the four private contractors were invited to an interview. One of the three contractors withdrew his proposal at that point. Staff interviewed two private contractors . In the judgment of Staff and Mr. Anderson, Taugher & Associates had the best qualifications . Staff also met with Mr. Hecht, Deputy Public Works Agency Director, and a repre- sentative of the County Administrator ' s Office to discuss the County' s proposal . (See attached letters) . Proposal Comparison - County/Taugher and Associates : Cost Function County Taugher & Associates Building Inspection $35 . 69-$40 . 78/hr. $35 . 00/hr. plus $ . 25/mile Plan Checking $37 . 35/hr.-$45 . 92/hr. * $35. 00-$59 . 00/hr. * Zoning Enforcement $33 . 52/hr. $35 . 00/hr. plus $ .25/mile *Complex commercial industrial plan check only at $55 . 00/hr, rate. As indicated above , it is difficult to objectively compare costs . Overall costs are dependent upon construction activity. For example, although Taugher & Associates charges $59 .00/hr. for complicated structural-plan checking as compared to the County' s $45 . 92 , Taugher & Associates ' hourly rate for building inspection is less than the County' s rate and typically more time is spent on inspection than plan checking. In any event, the fees should cover the cost of both plan checking and inspection. Under both proposals, the City would pay for only those services rendered. Services Provided Both the County and Taugher & Associates propose a local office in the City Offices in which the City would be required to provide space, supplies , furniture and clerical support. However, Taugher & Associates would pro- vide all services from the Dublin Office , whereas the County would continue to conduct structural non-residential plan checking in the Hayward office . Under both proposals , building inspection and plan checking fees would be collected by the City. The County ' s proposal also provides for the rotation of inspectors . Recommendation It is Staff' s recommendation that the City contract with Taugher & Associates , because there would be a greater convenience to applicants as all services would be provided in the City Offices , the City would have greater control over the provision of this service; and there would be less confusion as to who was providing the service on complex projects checked in Hayward. Staff has negotiated the attached agreement with Taugher & Associates for City Council consideration. If the City Council concurs with Staff ' s recommendation, the contract would have an effective date of August 1 , 1983 , and would provide approximately two weeks for the contractor to set up shop in the City Offices . On August 15 , 1983 , the City would effectively terminate its contract with Alameda County. AGREEMENT FOR BUILDING LAW ENFORCEMENT SERVICES THIS AGREEMENT is made and entered into this day of 1983 , by and between the City of Dublin, a municipal corporation, here�ter referred to as the "City" , and Taugher & Associates , a California corporation, 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 ot 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 conditions 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 . Facilities for Records . The City shall provide an office for conducting the duties set forth in this Agreement , and shall provide necessary furnishings , telephone , permit forms and codes . Within this office , 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 . Collection of Fees . All fees to be collected in connection with the carrying out o t e 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 comp y 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 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 and automobile liability insurance of not less than $1 ,000 ,000.00 for personal injury and accidental death per occurrence , and $500 ,000 .00 for property damage 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 , irrespective of any approved sub-contract , will be held 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 Page 2 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 per ormance ot t e uties 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 nineth (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 6500 Dublin Boulevard, Suite 101 Dublin, California 94568 Building Official : Taugher & Associates IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Mayor ATTEST: City Clerk TAUGHER & ASSOCIATES By Page 3 EXHIBIT A RATE SCHEDULE CLASSIFICATION FEE RATE PER HOUR Building Inspector $ 35 .00 Principal Building Official Inspection & Enforcement Services 35 .00 Plan Checking, Supervision & 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 12 times the above hourly rates . This provision will not apply to Building Official ' s attendance at Planning Commission and City Council meetings . REQkiv. ED OF APR 2 6 1983 CITY OF 1)1' �;3LBe 1 COUNTY ADM I N ISTRATOR '�CIFOCIC\ MEL HING Apri 1 19, 1983 STEPHEN A. HAMILL COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR Mr. Richard C. Ambrose City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: : Subject: Building Inspection Services In the meeting with my staff and Public Works staff last week on Building Inspection services, you requested 1982-83 data on those services and requested a proposal to continue services. In that light, the following information and proposal is furnished. 1982-83 Year to Date Through February of this year, in'w_ork not funded directly by Dublin (zoning enforcement, etc.) , the County has spent $75-,000 in direct and indirect costs (1982-83 fiscal year) . The permit fees we have received are approximately $81,000, excluding approximately $129,000 which was collected for the four housing tracts, where work will be done in the next fiscal year. The $75,000 cost is composed of direct salary and benefits of about 1/3 time of a Building Inspector and almost 909 of one Senior Building Inspector and 300 hours of a Plan Checker, with all overheads. The overheads include all transportation supplies, county overhead, communication, space, training, supervision, payroll processing, personnel, etc. The zoning enforcement and other non-revenue producing services have been billed directly to Dublin and have not been included in these figures. 1983-84 Proposal The cost of performing the building inspection work in Dublin will, in a large part, depend on the housing and commercial economy. Public Works believes there will be an increase in housing and commercial construction in 1983-84. For proposal purpose, we will suggest a level of staff that reflects a slight increase in activity. 1221 OAK STREET - SUITE 555 - OAKLAND. CALIFORNIA 94612 14151 874-6252 Richard C. Ambrose -2- April 19, 1983 A. Building Inspection Office We would propose that Dublin furnish the office and clerical support to a building inspector in Dublin. Office hours for this building inspector would be a minimum of two hours a day. Plan checking and permits would be checked over the counter when possible. The building inspector would do all checking on residential additions, alterations, but not structural commercial. Plan checking requiring engineering review would be sent to the Public Works office in Hayward for review. B. Zoning and Housing Enforcement Zoning and housing enforcement will be provided on an as needed basis at County' s actual costs as described below under item G "Cost". In some cases if the workload permits, this service could be provided by the building inspector. C. Building Inspection All the residential building inspection would be provided by the building inspector assigned to Dublin. If the workload increased significantly, the County would, on request, assign additional building inspector staff to provide a reasonable level of service and would bill for actual costs as described below under item G "Cost". D. Commercial Inspection The less complex commercial inspections would be performed by the Dublin inspector. Supplementing his inspection and providing inspection of the more complex structures, one of the County senior building inspectors would be assigned as needed. E. Fee Collection Fee setting and collection will be provided by the City of Dublin. F. Staff Required For plan checking, building inspection of residential and commercial facilities, the following staff would be recommended as a reasonable target: One staff year Building Inspector - Assigned. 25% staff year Senior Building Inspector - Assigned based upon specialty required - As needed. 20% staff year Plan Checker or Assistant Building Office - As needed. Richard C. Ambrose -3- April 19, 1983 G. Cost Hourly rates will be based on actual cost to the County including all attributable overheads. Position Title Estimated Billed Cost* Building Inspector I 35.69 Building Inspector II 40.78 Plan Checker 37.35 Zoning Investigator 33.52 *Rate includes all transportation, training, payroll, personnel, sick leave, vacation, and all overheads. The exact rate assumes the 83-84 salary at a 5% increase and overhead remaining constant at a 1.5 million multiplier. H. Miscellaneous During periods of vacation and illness, with City approval, the Dublin inspector may be needed in part to help spread the County workload. If the inspector were used on work other than for the City of Dublin, there would be no charge for services. It is understood that when the Dublin inspector is sick or on vacation, that the County would cover his duties with other staff. The Dublin Inspector will be expected to attend a 7:00 a.m. to 8:00 a.m. weekly staff meeting on Fridays at the Public Works office in Hayward for training and administrative purposes. It is Public Work' s policy to rotate inspectors assignment areas yearly. This would usually occur in March or April. It would be our proposal to continue this policy. It is understood that Dublin would have the right to request reassignment of an individual for cause. As my staff discussed with you, we would be more than happy to work with you toward providing a mutually beneficial contract. We will be happy to modify our proposal if it does not downgrade the service to the County. As was discusssed, however, it is mandatory for the County to cover its actual costs both direct and indirect. Very truly yours, 415� NG COU ADMINISTRATOR MH:HRH: lb cc: Harry R. Hecht, Public Works Agency 2304C COUNTY ADM I N ISTRATOW MAY i � 198., QTY Or DUBLIM MEL HING May 16, 1983 STEPHEN A. HAMILL COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR Richard C. Ambrose City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: Subject: 1983-84 Building Inspection Services Proposal This is to provide you with supplemental information related to the building inspection services proposal submitted to the City of Dublin on April 19, 1983. Under the County' s proposal , building inspection permits issued in the City of Dublin would be kept on file in the City' s building inspection office. We look forward to meeting with you on Tuesday, May 17 at 4:00 p.m. to discuss the County' s proposal further. Very truly yours, MEL HING COUNTY ADMINISTRATOR MH:SM:lb cc: H.A. Flertzheim, Public Works Harry Hecht, Public Works 2716C 1221 OAK STREET SUITE 555 OAKLAND. CALIFORNIA 94612 14151 874.6252 �t10F-414 RECEIVED ;r Y MAY 2 7 1198 COUNTY ADM INISTRATOR CITY OF D4;i31 MEL HING STEPHEN A. HAMILL COUNTY ADMINISTRATOR ASSI57ANT COUNTY ADMINISTRATOR May 26, 1983 Richard Ambrose, City Manager City of Dublin P. 0. Box 2340 Dublin, CA 94566 Dear Mr. Ambrose: Subject: Building Inspection Overhead Costs This is in response to your verbal request for additional information on the 50% support cost factor included in the County' s proposal to provide Building Inspection Services to the City of Dublin in 1983-84. The following summarizes the actual and proposed support costs directly related to Building Inspection Services provided by the County to the City of Dublin. % of Direct Salary & Benefit Costs Actual Proposed Building Inspection Department Staff Support & Supervision 32% 24% Services & Supplies 32% 24% Countywide Support 2% 2% TOTAL 64% 50% The County' s proposal to provide Building Inspection Services includes a discounted support cost rate of 50% which reflects the provision of clerical support, office supplies, and equipment to the assigned Building Inspector by the City. I understand that your recommendations on Building Inspection and Sheriff' s Patrol Services will not be considered by the City Council until June 13, 1983. I would appreciate your advising me of the Council ' s decisions as soon as possible thereafter so that contracts can be finalized for 1983-84. Very truly yours, MEL HING COUNTY ADMINISTRA MH/SM: lp cc: H. A. Flertzheim, Director, Public Works Agency Harry Hecht, Asst. Director, Public Works Agency Charles Roach, Auditor' s Office 1221 OAK STREET - SUITE 555 OAKLAND, CALIFORNIA 94612 - 14151 8746252 2885C