HomeMy WebLinkAbout7.4 BuildingEnforcemntCntrctRev
. '<. .
.
.
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1 , 2, 1993
SUBJECT:
Building Law Enforcement contract Services Review
and Amendment to Agreement
~ (prepared by: Paul S. Rankin, Assistant city
Manager)
1. ~current Agreement
2. //Workload prOjections
3. ~Workload and Performance Measures
4. j/cost of Building Code Enforcement services
5. /Letter Dated May 28, 1993 from Taugher ,
Associates Requesting an Amendment to the
Agreement
6. /Resolution Approving Amendment to Rate
Schedule in Agreement
EXHIBITS ATTACHED:
RECOMMENDATION:
~ 1.
2.
Review services and provide additional input
and comments.
Consider Adoption of Resolution providing for
Revised Rate SchedUle.
FINANCIAL STATEMENT:
See below.
DESCRIPTION: Since 1983, the City of Dublin has contracted with
Taugher , Associates for Building Inspection, Plan Checking and Code
Enforcement services. The city supports the Building Department with the
provision of an Administrative Secretary. The current agreement for these
services is attached as Exhibit 1.
STAFFING LEVELS
During Fiscal Year 1992-93, the economic downturn was reflected in the
level of activity for the Building Department. It is projected that
staffing levels will be as follows:
Buildina Official - Provides plan checking
and review services as well as administration
of the Building and Safety function.
Buildina InSDector - Conducts field inspections
as well as responds to counter inquiries and
preliminary review of plans.
Over all, this level of contract staffing is equal to slightly less than
1.5 Full-Time positions. Due to the need for coverage on all regular City
business days, Taugher , Associates arranges for temporary replacements in
the event of vacations or illness. The following chart shows historical
contract staffing patterns, as well as the staffing proposed for 1993-94:
930 hours
1,980 hours
Taugher , Associates staffing
(Hours and Classification)
Total
Actual Actual
1990/91 1991/92
1,255 1,035
3.657 2.114
4,912 3,149
Estimated
1992/93
1993-94
Projected
Budqet
BUilding Official
Inspector
930
1.980
1,000
2.000
2,910
3,000*
* Excludes Business License Reinspection Services
~-----------~~~-------------~-~-------------~~~~---~~----------~-~~~~------
ITEM NO. .!l. 4
COPIES TO: Vic Taugher Tau her , Associates
.
.
As shown, the Contract arrangement has allowed the city to only procure
services at a level dictated by Building Activity. Exhibit 2 identifies
the upcoming projects which are currently anticipated. These development
projections were utilized to prepare the recommended Staffing in the
1993/94 Budget. Exhibit 3 provides an historical comparison of various
Workload and Performance measures related to Building , Safety activities.
The knowledge and background of the personnel provided by Taugher ,
Associates is significant for a community of this size. Mr. Taugher is
certified as a licensed structural Engineer. This provides residents and
builders with a single point of contact for plan checking. If this type of
certification were not available, complex plans would need to be sent to an
outside firm. Mr. Taugher has also remained active in the International
Conference of Building Officials (ICBO), the professional organization
which develops revisions to the Code. At the field inspection level the
Ci ty has been provided with a senior level inspector who is capable of
inspecting work in all disciplines. Larger organizations typically provide
separate inspectors for electrical, plumbing, etc. The overall background
and level of staffing is considered adequate by Staff.
AVAILABILITY TO PUBLIC
Although building activity has declined, it remains important that the
public have access to Building , Safety services. There is always a demand
for minor home repair and additions as well as commercial tenant
remodelling.
Building , Safety services are provided from a public counter at the
Development Services Department. City personnel are available during
business hours (8 a.m. - 5 p.m.) to handle general questions and minor
applications. The Building Official is typically available in the office
from 8 a.m. - 12 noon each weekday. The inspector is in the office between
8:00 a.m. and 10:00 a.m. Mr. Taugher and his inspector will make special
appointments if a member of the public cannot come in at the regular hours
Doted above.
staff has not identified any need to expand the hours for these services.
The level of service provided in the city of Dublin is very high compared
to other agencies. Many communities have reduced availability to the
public by closing during certain hours, in the face of reduced funding for
local government.
At this time, Staff has not recommended any reduction in the hours of
service.
BUSINESS LICENSE ACTIVITY
The Building , safety Department initially conducted inspections as part of
the implementation of a City Business License in October of 1990. The
planned work program for Fiscal Year 1992/93 anticipated conducting
reinspect ion of existing businesses on a four-year cycle and conducting an
initial inspection on all new licenses issued. Due.to Staff reductions in
the Finance Department, in Fiscal Year 1992/93, the assignment of
businesses for reinspection did not occur.
In Fiscal Year 1992/93, it is estimated that less than 35 hours will be
expended inspecting new licensees. The total cost associated with this
type of work is approximately $1,620. The Current service Level budget
for Fiscal Year 1993-94 anticipates that approximately 400 re-inspections
of existing businesses will be undertaken. The estimated cost of this
activity is approximately $14,000.
Conformance with Building , Safety Codes helps to protect the general
public and employees throughout the community, as well as emergency
response personnel. Working with businesses on a semi-regular basis avoids
a situation where potential health and safety violations exist for many
years without correction. In the Fiscal Year 1993-94 Budget, staff has
recommended the elimination of the follow-up re-inspection. As noted in
the Budget detail, this could result in violations of the Building Code
and/or unsafe conditions going undetected; and additional costs to property
.
.
owners in the future to correct any deficiencies. This Reduced Service
Level will generate a savings of $14,000 in Fiscal Year 1993-94.
PUBLIC EDUCATION
Taugher , Associates have also coordinated pUblic service seminars. The
purpose of these seminars is to provide residents with information about
what is required when they undertake improvements. The content can be
extremely practical and the residents are given an opportunity to address
issues of particular importance to them. The cost for these seminars is
relatively minor. The recommended Reduced Service Level budget suggests
that only one seminar should be conducted in Fiscal Year 1993-94 instead of
2 seminars. The cost saVings is approximately $250.
PROPOSED SERVICE LEVELS
As noted in previous sections, the proposed service level tor Fiscal Year
1993-94 is comparable to Fiscal Year 1992-93. The following table
summarizes the level of Contract services:
contract Hours of Service by Classification
Building Official
Plan Checking , Admin.
Business License
Actual Estimated projected
1991-92 1992-93 1993-94
1,010 927 1,000
25 3 6
1,878 1,950 1,970
236 30 270
3,149 2,910 3,246
N/A N/A (246)
Buildino InSDector
Code Inspection
Business License
TOTAL HOURS
Adiustment:
1993-94 Reduced Service
Level Budget to Eliminate
Business License
Re-inspections
GRAND TOTAL HOURS
3,149
2,910
3,000
The Analysis ot Workload projections shown in Exhibit 2 is considered a
conservative estimate of Building activity. Late in Fiscal Year 1992/93,
there were some indications that commercial development activities may piCk
up in the upcoming year. In the event that this occurs, Taugher ,
Associates may need to adjust staffing levels; of course, with increased
activity the City will also receive increased building permit fee revenue.
COST PER INSPECTION
In the past, the city has evaluated data Showing the contract cost incurred
per inspection. This has been used as a benchmark to evaluate changes in
the cost of service. The following summarizes the data:
Historical Contract Cost Per Inspection
contract Cost
# of Inspections
Cost $/Inspection
Actual Actual Actual projected
1989-90 1990-91 1991-92 1992-93
$281,337 $299,013 $212,702 $195,000
5,500 5,941 4,139 3,800
$ 51.15 $ 50.33 $ 51.39 $ 51.32
.
.
As shown, the cost per inspection has stabilized. In Fiscal Year 1992-93,
Taugher , Associates retained the same rate schedule as the previous year.
If the level of field activity deteriorates significantly, the cost per
inspection will rise, as there is a need for certain basic services,
reqardless of the number of inspections. In Fiscal Year 1993-94, staff is
projecting that the cost per inspection will increase. The following table
shows the extent of the change:
proiected 1993/94 contract Cost Per Insoection
Fiscal Year
1993-94
Reduced Service Level contract Cost:
Projected Number of Inspections:
projected cost Per Inspection
(* This does not include Business License Reinspection)
This is the result of two factors: (1) The inflationary increase requested
by Taugher , Associates, which is discussed below. (2) As an estimate, the
1993-94 Budget provides for approximately 3.1% more hours than are
anticipated to be used in Fiscal Year 1992-93. The final results will be
based upon actual workloads.
$209,000*
3,800
$ 55.00
COST OF SERVICES
In Fiscal Year 1992-93, the city Council approved the first revision and
increase in Building Inspection Fees since the city incorporated in 1982.
The intent of raising the fees was to attempt to have the fees more closely
reflect the cost of providinq the service. Exhibit 4 compares the cost of
the Contract services including the direct city support costs budgeted with
this activity.
comparisons of this type are not easily made, since the timing of the
permit purchase and the inspection do not always occur in the same year.
Further, the staff has never conducted a detailed full cost allocation
which would indicate the overhead costs attributable to Building , Safety.
This would include but not be limited to: city Manager oversight of
Department; Finance Services; proportionate share of facility costs; Legal
Services; etc. If these costs are added to the total cost of the contract,
it would represent the most accurate reflection of the cost of services.
As shown in Exhibit 4, prior to the recent fee increase, the cost of
Building services was being heavily subsidized by the General Fund to cover
expenses in excess of the Permit Fee Revenue. Once Staff has significant
actual data under the revised fees, further reports will be made to the
City Council on the revenue versus cost of service. The projected Fiscal
Year 93/94 figures show only a small amount of revenue in excess of direct
expenses.
FINANCIAL COMPARISON OF IN-HOUSE BUILDING , SAFETY DEPARTMENT
In considering the cost effectiveness of the services obtained, Staff has
prepared a comparison between the Taugher , Associates contract service and
hiring municipal employees to perform these services. It is important to
note that, given the small size of a City Department, contract services
would still be required to a limited degree. This would provide for
vacation coverage as well as potential technical services, depending on the
background of the City employee.
, '
.l. 'i";'
.
.
The chart below summarizes the findings:
Estimated Cost of Reolacinq Tauqher , Associates Services
With City Staff
Estimated
Cost (1)
Senior Buildinq Inspector
Contract Fill-In Inspector (2)
Buildinq Official
Contract Buildinq Official coverage
Misc. Contract Plan Checking (4)
Subtotal
$ 84,327
8,960
106,690
(3) 17,600
10.000
$ 227,577
(1)
Estimated cost of personnel includes salary (based on a market survey), current City of Dublin health and welfare
benefits and car allowance. Estimated costs do D2! include an increase to the city's liability insurance coverage.
(2)
Estimated contract hours for an Inspector are based upon coverage for 20 days (160 hours) of general leave.
(3)
Estimated contract hours for a Building Official are based upon 5 weeks (200 hours) (20 days general leave plus one
week conferences/training).
(4)
A contingency has been included in the event that plan checking of complex construction was contracted.
As previously noted, the proposed Reduced service Level for Taugher ,
Associates in Fiscal Year 1993-94 is $209,000 or $18,577 less than the In-
Bouse scenario. The contract option represents an 8.9% savings. The
comparisons differ somewhat since, under the city employee scenario, the
City would obtain more hours of service. For example, the Building
Official position would be fUll-time. Staff believes that the lower number
of hours are adequate to provide the necessary services, and in the current
fiscal environment a cost savings is important. As the city matures and
development progresses beyond the original city boundaries, it may be
important to reconsider whether full-time City Staff could provide a more
economical means of obtaining services.
REOUEST FOR AMENDMENT TO RATE SCHEDULE
As stated in Exhibit 5, Tauqher , Associates has requested an adjustment to
the rates charqed under this aqreement. The financial terms of the current
agreement have two components: hourly rates and an insurance surcharge.
Mr. Taugher has requested the following amendments to the hourly rates:
Current Rate Requestec1 Rate % Increase
Building Official $ 85.00 $ 88.00 3.5%
BUilding Inspector $ 54.00 $ 56.00 3.7%
It should be noted that the current rates have been in place since
AUgust 1, 1991.
The Insurance Surcharqe is billed as a $4.00 per hour surcbarqe to a
maximum of $9,000. During the 1992 Contract Review, the city Council
approved a contract in which the city assumed potential liability for
claims filed following the termination of the agreement. In return, the
insurance subsidy cap was reduced from $12,000 to $9,000. No change has
been proposed for Fiscal Year 1993-94 in the insurance 8urcharqe component.
staff has prepared a ReSOlution for consideration by the city Council
(EXhibit 6) which would implement the requested rate increase effective
July 1, 1993.
RECOMMENDATION
Staff recommends that the City Council review
provided by Taugher , Associates and provide
concurs with the requested rate adjustment,
adopt the attached Resolution.
the performance and services
input. If the City council
it would be appropriate to
PSR/lss a:61BldgCr.doc.agenda#12
.. ~ ';
~ ,
~RACTUAL SERVICES AGREEMEljll
BUILDING & SAFETY SERVICES
TAUGHER & ASSOCIATES
THIS AGREEMENT is made at Dublin, california, as of Julv 1. 1992, by
and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and
Taugher & Associates, ("CONTRACTOR"), who agree as follows:
1. SERVICES. subject to the terms and conditions set forth in this
Agreement, CONTRACTOR shall provide to CITY the services described in
Exhibit A. CONTRACTOR shall provide said services at the time, place and
in the manner specified in Exhibit A.
2. PAYMENT. CITY shall pay CONTRACTOR for services rendered
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B. The payments specified in Exhibit B shall be the only payments
to be made to CONTRACTOR for services rendered pursuant to this Agreement.
CONTRACTOR shall submit all billings for said services to CITY in the
manner specified in Exhibit Bi or, if no manner be specified in Exhibit B,
then according to the usual and customary procedures and practices which
CONTRACTOR uses for billing clients similar to CITY.
3. FACILITIES. EQUIPMENT AND CLERICAL SUPPORT. Except as set forth
in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all
facilities and equipment which may be required for furnishing services
pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the
facilities and equipment listed in Exhibit C according to the terms and
conditions set forth in Exhibit c.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit
D are part of this Agreement. In the event of any inconsistency between
said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions.
5. SPECIAL PROVISIONS. The special provisions set forth in Exhibit
E are part of this Agreement.
6. EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorporated herein.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered by
the CITY MANAGER. All correspondence shall be directed to or through the
CITY MANAGER or his or her designee.
8. 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 CONTRACTOR
upon ninety (90) days advance written notice.
EXHIBIT .1.
AGREEMENT
Page 1 of 2
7/1/92
, .
9. NOTICES. Any written notice to CONTRACTOR shall be sent to:
.
.
. .
Taugher and Associates, Inc.
18681 vineyard Road
Castro Valley, CA 94546
Any written notice to CITY shall be sent to:
city of Dublin
Attention: city Manager
100 Civic plaza
Dublin, CA 94568
Executed as of the day first above stated:
For: CITY OF DUBLIN
'cipal corporation
Attest: c1fk/(Jf dL
C 1;:.y ler
Approved as to form:
I it ( " . --1 / (I
(". ) ;l,:tJJ' ;," ,- ,-r/ (,.! '(-
city Attorney
For: Taugher & Associates
By
. / ,/_ I ) /'
<;:(//n, .-'----: ,:.~f-:',;/':. ~--'
victor L. Ta~gher, Contractor
AGREEMENT
Page 2 of 2
7/1/92
. .
. .
.
.
EXHIBIT A
SCOPE OF SERVICES
1. Buildina Official. The individual directly responsible for the
performance of the duties of Building Official as set forth in this
agreement shall be victor L. Taugher, a california Registered civil
Engineer, License #9556, and Fire protection Engineer License #911. Upon
mutual agreement and at the sole discretion of the city Manager, CONTRACTOR
may substitute other individuals in the above capacity as responsible
individual. The designation as Building Official shall include all duties
and responsibilities assigned to this position through state and local laws
and ordinances.
2. Buildina Inspection Services. CONTRACTOR shall enforce the
provisions of the city's Building, Electrical, Plumbing, Mechanical and
Housing codes; the city's zoning Ordinance; and related state laws.
CONTRACTOR 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 Municipal Code of the city related to the Building
Official and in the performance of such work, the contractor shall do the
following:
a. Plan Review. Review the plans prepared by or on behalf of
applicants for compliance with applicable Federal, State, and city
ordinances and regUlations. Building Official shall maintain close liaison
with 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, and other regUlatory agencies. 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. Buildina Inspection. Provide building inspection service during
the course of construction of facilities to enforce compliance with the
provisions of the applicable laws including state and city ordinances and
regulations set forth on the plans for which the permit is issued. In the
performance of such duties, CONTRACTOR shall provide prompt inspection for
each project at the completion of the various stages of construction to
determine compliance.
c. Housina Code Enforcement. Building Official shall enforce the
city's 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. zonina Enforcement. Building Official shall provide enforcement
of related aspects of the city's Zoning Ordinance. Upon request by CITY,
CONTRACTOR 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.
Exhibit A
Page 1 of 2
7/1/92
.
.
e. Building Official shall perform other related activities as
requested by the city.
3. Collection 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. CONTRACTOR shall review the appropriate ordinances and fee schedules
in approved by the CITY, and shall compute the amount of such fees to be
collected by the CITY. CONTRACTOR may submit information and
recommendations on adjustments to adopted fee schedules.
4. Limitations (Avoidance of Conflicts). During the
Agreement, CONTRACTOR shall not provide services to any
project which requires any permit or approval from the CITY.
term of this
client for a
Exhibit A
Page 2 of 2
7/1/92
, .
.
..
EXHIBIT B
RATE SCHEDULE
A. BASE HOURLY RATE.
FEE RATE PER HOUR
Buildinq Ins?ector
Inspection
Plan Checking (Residential & Non-Structural
Commercial & Industrial Plan Checking)
54.00
54.00
Principal Buildinq Official
Inspection
Plan Checking (Complex Residential, commercial
and Industrial Buildings)
Supervision and Administration
54.00
85.00
85.00**
This rate will be effective for the period beginning on July 1, 1992. The
rates may be adjusted thereafter annually, as mutually agreed 'upon in
writing by the CONTRACTOR and the CITY of Dublin.
**
Supervision duties include review and coordination of work performed
by Inspectors and clerical support staff.
Administrative duties include city council and planning Commission
meeting attendance when requested, meetings with applicants and
developers, inter-agency coordination and coordination with Staff,
development of office procedures, operations, etc.
B. OVERTIME RATE.
In the event that the contractor is requested to perform services whereby
an employee must work in excess of forty (40) hours in anyone (1) week,
the contractor shall be compensated at 1 - 1/2 times the above hourly rates
for each hour worked over forty. This shall include in the event that
there is an emergency requiring the services of the Building Official and
the CITY is reimbursed for said services. standard rates shall apply for
CONTRACTOR attendance at Planning commission and city Council Meetings.
C. INSURANCE SURCHARGE.
In addition to the hourly rates noted in section (A) above, an insurance
surcharge of $4.00 (four dollars) per hour shall be added to each hour of
service rendered pursuant to this agreement. The cumulative total
surcharge paid during the period from July 1st through June 30th shall not
exceed $9,000.00 (nine thousand dollars). Once this limit is reached
contractor is entitled only to the base hourly rate.
D. FREQUENCY OF BILLING/PAYMENTS.
contractor shall submit invoices on a monthly basis. At the sole
discretion of CITY, other payment schedules may be considered.
Exhibit B
page 1 of 1
7/1/92
.
EXHIBIT C
.
1. 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 of Dublin.
2. Clerical support. city agrees to provide adequate clerical support to
the Building Department function as mutually agreed upon by CITY and
CONTRACTOR.
Exhibit C
Page 1 of 1
7/1/92
.
.
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement, CONTRACTOR shall be an independent contractor and shall not be
an employee of CITY. CITY shall have the right to control CONTRACTOR only
insofar as the results of CONTRACTOR'S services rendered pursuant to this
Agreement; however, CITY shall not have the right to control the means of
which CONTRACTOR accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to
CITY that he has all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for CONTRACTOR to practice his
profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR
shall, at his sole cost and expense, keep in effect at all times during the
term of this Agreement any licenses , permits, and approvals which are
legally required for CONTRACTOR to practice his profession.
3. TIME. CONTRACTOR shall devote such time to the performance of
services pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of CONTRACTOR'S obligations pursuant to this
Agreement.
4. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain
for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the CONTRACTOR, his agents,
representatives, employees or subcontractors. The cost of such insurance
shall be included in the CONTRACTOR'S rates as described in Exhibit B.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as:
1. Insurance Services office form number GL 0002 (Ed.1/73)
covering comprehensive General Liability and Insurance
Services office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage ("occurrence"
form CG 0001.)
2.
Insurance Services Off ice form number
covering Automobile Liability, code
endorsement CA 0025.
CA 0001
1 "any
( Ed . 11 7 8 )
auto" and
3 .
Workers' Compensation
Code of the state of
Insurance.
Insurance as required by the Labor
California and Employers Liability
(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no
less than:
1. General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If commercial General Liability Insurance or other
Exhibit D
Page 1 of 5
7/1/92
form Wi! a general aggregate lim:f is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and accidental death and property
damage per occurrence combined single limit.
3. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the
state of California and Employers Liability limits of
$1,000,000 per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
CITY Manager of city of Dublin. At the option of the CITY
Manager or his/her designee either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects
the CITY, its officers, officials and employees; or the
CONTRACTOR shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
(d) Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages.
a. The CITY, its officers, officials, employees and
volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on
behalf of the CONTRACTOR; products and completed
operations of the CONTRACTOR, premises owned, occupied
or used by the CONTRACTOR, or automobiles owned,
leased, hired or borrowed by the CONTRACTOR. The
coverage shall contain no special limitations on the
scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b. The CONTRACTOR'S insurance coverage shall be primary
insurance as respects the CITY, its officers,
officials, employees and volunteers. Any insurance or
self-insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of
the CONTRACTOR'S insurance and shall not contribute
with it.
c. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
CITY, its officers, officials, employees or volunteers.
d. The CONTRACTOR'S insurance shall apply separately to
each insured against whom claim is made or suit is
Exhibit D
Page 2 of 5
7/1/92
.
brought, except with
insurer's liability.
.
respect to the limits of the
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation
against the CITY, its officers, officials, employees and
volunteers for losses arising from work performed by the
CONTRACTOR for the CITY.
3. professional Liability.
CONTRACTOR shall carry professional liability insurance in
an amount deemed by the CITY to adequately protect the
CONTRACTOR against liability caused by negligent acts,
errors or omissions on the part of the CONTRACTOR in the
course of performance of the services specified in this
Agreement. Said coverage may be provided on a "claims made"
basis at the discretion of the city Manager or his/her
designee. In the event Services pursuant to this agreement
are terminated by either party, contractor hereby agrees to
maintain Professional Liability Insurance through July 31st,
following the date upon which notice of termination is
provided. Further obligations of the parties related to
Professional Liability are described in Exhibit E (Special
Provisions.)
4. All coverages.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be cancelled by
either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice by mail, has been
given to the CITY.
(e) Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII., except for
professional liability.
(f) Verification of Coveraqe. CONTRACTOR shall furnish CITY with
certificates insurance and with original endorsements effecting
coverage required by this clause. 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 certificates and endorsements are to be received and approved
by the CITY before work commences. The CITY reserves the right
to require complete, certified copies of all required insurance
policies, at any time.
(g) Subcontractors. CONTRACTOR shall include all subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the
requirements stated herein.
(h) The City Manager or his/her designee may approve a variation in
those insurance requirements upon a determination that the
Exhibit D
Page 3 of 5
7/1/92
.
.
coverages, scope, limits and forms of such insurance are either
not commercially available or that the CITY's interests are
otherwise fully protected. Said approval of variation must be in
writing.
5. CONTRACTOR NO AGENT. Except as CITY may specify in writing,
CONTRACTOR shall have no authority, express or implied, to act on
behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR
shall have no authority, express or implied, pursuant to this
Agreement to bind CITY to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and of no effect, unless said assignment is
approved in writing by CITY.
7. PERSONNEL. CONTRACTOR 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 removal of any such person(s), CONTRACTOR shall,
immediately upon receiving notice from CITY of such desire of CITY,
cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which
CONTRACTOR practices his profession. All instruments of service of
whatsoever nature which CONTRACTOR delivers to CITY pursuant to this
Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in CONTRACTOR's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall
take all responsibility for the work, shall bear all losses and
damages directly or indirectly resulting to him, to any subcontractor,
to the CITY, to CITY officers and employees, or to parties designated
by the CITY, on account of the performance or character of the work,
unforeseen difficulties, accidents, occurrences or other causes to the
extent they are predicated on active or passive negligence of the
CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend
and hold harmless the CITY, its officers, officials, directors,
employees and agents from and against any or all loss, liability,
expense, claim, costs (including costs of defense), suits, and damages
of every kind, nature and description directly or indirectly arising
from the performance of the work to the extent they are covered by the
negligent acts, errors, or omissions of CONTRACTOR. This paragraph
shall not be construed to exempt the CITY, its employees and officers
from its own fraud, willful injury or violation of law whether willful
of negligent. For purposes of Section 2782 of the Civil Code the
parties hereto recognize and agree that this agreement is not a
construction contract. By execution of this agreement CONTRACTOR
Exhibit D
Page 4 of 5
7/1/92
.
.
acknowledges and agrees that he has read and understands the
provisions hereof and that this paragraph is a material element of
consideration. Approval of the insurance contracts does not relieve
the CONTRACTOR or subcontractors from liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity,
CONTRACTOR shall comply with all applicable rules and regulations to
which CITY is bound by the terms of such fiscal assistance program.
Also, in performing the services to be provided pursuant to this
Agreement, Contractor shall comply with all applicable State and
Federal laws and regulations, including but not limited to laws and
regUlations relating to discrimination and laws requiring injury and
illness prevention programs.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials
prepared by CONTRACTOR pursuant to this Agreement shall become the
property of CITY upon completion of the work to be performed hereunder
or upon termination of the Agreement.
Exhibit D
Page 5 of 5
7/1/92
.
.
EXHIBIT E
SPECIAL PROVISIONS
The following prov~s~ons are hereby incorporated in the agreement by and
between Taugher & Associates (CONTRACTOR) and city of Dublin (CITY):
1. Professional Liabilitv Insurance Coveraqe. As provided in Exhibit D,
CONTRACTOR shall provide professional Liability Insurance coverage to
adequately protect the CONTRACTOR against liability caused by negligent
acts, errors or omissions on the part of the CONTRACTOR in the course of
performance of the services specified in this agreement. Upon termination
of this agreement, and upon termination of the Professional Liability
Insurance as provided for in paragraph 4 (d) (3) of Exhibit D, CITY shall
assume responsibility of claims investigations, administration, defense and
payment of any claims, settlements or judgements which would otherwise have
been the liability of CONTRACTOR pursuant to Exhibit D, paragraph 9. In
consideration of CITY assuming this potential obligation CONTRACTOR has
adjusted fees charged as shown in Exhibit B.
2. Subcontractor(s).
The following terms and conditions are hereby agreed to by CONTRACTOR prior
to the use by CONTRACTOR of subcontractors.
a. Submittal to city Manaqer. The name, background and experience
of any and every firm or individual to which any work outlined in this
agreement is to be sub-contracted by CONTRACTOR must be submitted to
the city Manager for his/her prior approval.
b. CONTRACTOR Liable for Work of Subcontractors. Approval by the
City Manager of a subcontractor shall not relieve CONTRACTOR of any
liability for the work to be performed pursuant to this agreement, nor
shall such approval infer any contractual relationship between CITY
and any subcontractor.
Exhibit E
Page 1 of 1
7/1/92
. .
.........
.......
(jl <: == '1j
C'1" PJ m 0
~Xtll
~Otll
'" m m .....
~'<~tr
'< f-w
:; (l Cl>
o ::r
:: Ii
P- ....
- f/l
f/l rT
:: ~.
~ ::J
n(l
""" m
~ ::I
f/l rT
[JJ_~
"l
o
o
:3
)>I
0.
0.
.....
M-
.....
o
;J
tlI
.....
~
m
>i;
('j
o
;J
tIl
M-
f-j
l:
o
M-
.....
o
::I
t"'CflO>'rJ
mooao
Elo......mtll
o rtl\l Ii III
..... rT ::I .........
::If/l Otr
ltl;3t"'PJf-w
l\I C ::I (D
::I El
trtIl::tl
m ...... Cl>
Ii 0,0.
<OCl>
~
Cl>
(l.....
00
a
'0;;
o (D
::I ::I
mM-
::l
rt
en
~ )l.'~:t:@':L T
.
.
~\.\\\a\~~ ~ ~ ",,{e,+~
-P~~tc:r \N O{\...~\..OA"b1>~o:stU.rONS
~~~ZCflCflCflO~M~t:ltvtvO~~
mmm:::::mrto......O::lIiCmmc. tlI
l\I PJ PJ m l\I' 0. ~ (1) .... tr ::r ::r 0' n
Ii Ii Ii n 'Ii o.PJ::I ~..........~"'OtlI
o en ( CfJ 0 m ..........::l::l .....PJ ::I
0001i PJ~C::l~rt::lO'O'::IrtM-
..."..."...,,:1 Ii o,rt N'< Ii
m o.m(1~ nCfJc:ll'....!:'<
8~==1i ::rPJ......n0(11 (10
(~PJ 0> rtooco==o~M-
0(1'<0 1i<:"'O(DrtClirtPJO III
::r(C tIlli enlirtrTCct'"
"'OPJ PJ 0' ....~......rt en ~<O l\I
m::l'i...... ......::lO'tIl a::r:1
en 0.0...... NmmPJ PJ mo.
Oli::l PJ 'i ::l Ii
(IlO"l1""- ......IiOrt rt
en....CfJ 0 PJ '<
::0 en PJ rt 0 .... Cfl N
m ::r::s (IlOlirt
en m ~::I'< PJ
rt Ii~ 0 rt
PJ '<PJ ::r....
C El C 0
'i 0 (1)::S
PJ ::I
::s
rT ::0
0,
~
o
rT
en
.oJ
......
N
......
o
rT
(Il
I' ~
I !
I '
-------------,
I
I
i
!
I
I
" ~
I
I
I
I
,
,
I
I
I
I
:I:U1>Cflc:O~"Ijt>10t;J:lOO
mrTElrtlco....::sC'1:1. C
Xlil\l. :I:O'::rlimtr CfJtr
noo. PJ......:::l(1)IlI......~.::s
mCO'1:1c.... ....PJ::om
~o.,,::r~:::l:O:Cfl8::l(ll.,<
..... ::I rT ltl CfJ
::0'1:1<:......:3::3:0 1lI::S :J::CIl' 0
ltl......OI ..............x rtlll 0 rto..."
aDl~.....::I::I .....::s:::llll...."
o N ~'\j .........() 0 rt 0. rt .....
o.llIltl' ::r::l 1lI.....>(')
ltl ,<enCllCfJC H oo,ltl
~...... rtrtli S ::IS
o (l 0 0 (') '0 .... t;J:l
O::rlili::r Ii ::IC
CCIlIIlI 0 .....
<0 Ii 10 10 > <: ......
::rOltlmPo ltl tv 0.
(1)::r Po 51 C.....
Ii > >..... ltl .....::1
rt> Po 0.. rt::l ~\Q
'< 0. 0. 0.. ..... rt 0.
0............0 en ....
n.....rtrt::s ::l
ort.......... 10
51......00
51 0 ::s ::I
::s
I
CfJt;J:ltIltIl()>tIl
.rt(1)'1......'1::ro
IlIrt....OltlElIi
:::l ......10 0 ltl III 0.
o..m::rs~::sm
Dl::S rt....en en III
Ii O::S f-"o C
o..~::s..o o..::s x
<: rT ltl
'1:101:3:0
III (') ltl ::l
(') 01 01
f-"::l 0..
HlrTO
f-'. (
(1 ...... (Il
o
3:1'drt-..........................
o::r I-' 01>
o.llI'C!-..lI-'l..lW\o
ltl en 0
~ltlrt......<:<:<:<:
en ltl 0 Dl III III 01
...... N::IrT(')OO(1
o rtenOlOlDlDl
rT l..ll-' N f-'.......::l ::l ::I ::I
rnO(llO~o\OI rtrtrtrt
......OOO\(llO~
I-'
-..l
O:I:O
o 01 C
::s::str
~rn~
o ltl f-'.
::l ::l::l
:3:
ltl
01
0..
o
(
en
(')
C
rn
rt
o
51
[ '.
tr.,
,
r~
I
r l
--_JL_-- :
---t
I
;
,
__-1___~_~___..........._~~~_.....-...............__
i
I
i
I
i
i
I
I
I
i
i
!
i
___m.____..r____...............__
I
i
I
I
~
o
'-l
o
HI
l..l
'\'
'"
":;
~
\...1
l
~
<X'
........................
0000
rtrtrtrt
~(Ilen(ll
..................
,"-
f...-.:
,l ..::.1
1
I
I
I
I
!
.u "~
!
i I
I
i I
1J
:~l
':0.0
~
i I
I
t<:l
(Il
rt
Dl
rt
ltl
(Il
tv
d
H
t'"
o
H
Z
~
()
o
~
en
>i
~
d
n
>i
H
o
Z
I'd
::0
o
~
t<:l
()
>i
H
o
Z
"Q
.
.
WORKLOAD AND PERFORMANCE MEASURES
Actual
91-92
14,765,090
798
173,666
4,139
22
201
250
16.6
5.2
51. 39
Valuation
Permits Issued
Permit Fees
Inspections
Dwelling units Iss
Dwelling units Fin
Days Worked
Inspections/Day
Inspections/Permit
contract Cost/
Inspection
Budget
92-93
12,000,000
730
152,000
4,000
21
18
250
16
5.5
50.50
Estimated
92-93
13,500,000
850
190,000*
3,800
22
21
250
15.2
4
51. 28
proposed
93-94
10,000,000
825
282,000
3,800
16
44
250
15.2
4.8
58.68
ADDITIONAL STATISTICS
Buildinq Insoection
Hours in Field 1,363 1,375 1,412 1,375
Hours/Day 5.5 5.5 5.65 5.5
Inspections/Hour 3 2.9 2.7 2.8
Inspector Office Hrs 516 625 616 625
Office Hours/Day 2.06 2.5 2.46 2.5
Business License
Inspections 88 ** 57 60
Hours 236 400 30 250
Notes:
*
$4,800 permit fee waived for DRFA
**
Included in the 4,000 inspections above.
a:61CodeeX.doc.agenda#1Z
EXHIBIT 3
COS~F BUILDING CODE ENFORCEME~ SERVICES
Administration
& Plan Review
Hours
cost
Buildinq Inspection
Hours
Cost
Business License
Bldg. Official Hours
Cost
Bldg. Inspector Hours
Cost
Totals
Bldg. Official Hours
Cost
Bldg. Inspector Hours
Cost
Insurance
Surcharge
Total Contract Cost
city Support
TOTAL CITY COST
Revenue
Direct Cost In
Excess (-) of
Revenue or Revenue
in Excess (+) of
Direct Cost**
Notes:
Actual Budget Estimated
91-92 92-93 92-93
1,010 950 928
$ 84,950 $ 80,750 $ 78,880
1,878 1,600 1,949
$101,410 $ 86,400 $105,245
25 50 3
$ 2,125 $ 4,250 $ 255
236 400 30
$ 12,744 $ 21,600 $ 1,620
1,035 1,000 931
$ 87,075 $ 85,000 $ 79,135
2,114 2,000 1,979
$114,154 $108,000 $106,750
$ 11,473 $ 9,000 $ 9,000
$212,702 $202,000 $195,000
$ 49,119 $ 52,027 $ 50,828
$261,821
$173,366
$254,027
$152,000
$245,828
$190,000*
($ 88,455) ($102,027)
($ 55,175)
*
Excludes $4,800 fee waived for DRFA Station No. 1
Proposed
93-94
1,000
$ 88,000
2,000
$112,000
250
$ 14,000
1,000
$ 88,000
2,250
$112,000
$ 9,000
$223,000
$ 50,811
$273,811
282,000
+$ 8,189
These Excess or Deficit Revenue comparisons have not been adjusted to show the total allocated cost of
overhead. Also, revenue may be collected in a fiscal year which is different from the year service is
actually rendered.
**
a:61CodeEx.agenda#12
EXHIBIT <;
.
.
Taugher and Associates
CONSULTING ENGINEERS
P.O. BOX 20232
18681 VINEYARD ROAD
CASTRO VAI..LEY, CAUFORNIA 94546
AREA CODE 510
537-2285
To:
From:
Date:
Richard Ambrose, city Manager ~
victor Taugher, Building Official ;;:~9"/?---
May 28, 1993
Re: Rates for Building Inspection Services for 1993-94.
This is to confirm our discussion regarding rates for Building
Services. It is proposed that the rate for 1993-94 be as fol-
lows:
Building Official
Building Inspector
Insurance Surcharge
($ 9000 Maximum)
$88.00 per hour
56.00
4.00
All other terms and conditions of our contract would be the same
as for 1992-93.
I wish to thank the city Council and you for your support the
past year and I am looking forward to another successful year.
1
EXHIBIT C;
. .
RESOLUTION NO. - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************
APPROVING AN AMENDMENT TO THE AGREEMENT DATED JULY 1, 1992 BETWEEN
TAUGHER , ASSOCIATES AND THE CITY OF DUBLIN AFFECTING RATES CHARGED
FOR BUILDING AND SAFETY SERVICES
WHEREAS, CITY and Taugher & Associates (hereinafter CONTRACTOR)
have entered into an Agreement dated July 1,1992; and
WHEREAS, the rates charged by CONTRACTOR in the Agreement were
identical to a rate schedule first implemented in August of 1991; and
WHEREAS, CONTRACTOR has requested an increase due to inflationary
pressures experienced over the past 23 months; and
WHEREAS, the city council has considered the request and agrees
to amend the contract to reflect revised rates;
NOW, THEREFORE, BE IT RESOLVED that the city council does hereby
approve the attached Rate Schedule as a Revised Exhibit B to the
Agreement between CITY and CONTRACTOR and dated July 1, 1992.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute
the amendment on behalf of the CITY.
PASSED, APPROVED AND ADOPTED this ____ of June, 1993.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
PSR/lss a;61ResTau.agenda#12
EXHIBIT "
. REVISED EXHIBIT B ~
TO AGREEMENT DATED J 1, 1992 BETWEEN CITY OF DUBLIJI!ID TAUGHER ASSOCIATES
RATE SCHEDULE
A. BASE HOURLY RATE
Fee Rate Per Hour
Buildino Inspector
Inspection
Plan Checking (Residential & Non-Structural
Commercial & Industrial Plan Checking)
$ 56.00
$ 56.00
Principal Buildina Official
Inspection
plan Checking (Complex Residential, Commercial
and Industrial Buildings)
supervision and Administration
$ 56.00
$ 88.00
$ 88.00**
This rate will be effective for the period beginning on July 1, 1993. The rates may
be adjusted thereafter annually, as mutually agreed upon in writing by the CONTRACTOR
and the CITY of Dublin.
**
supervision duties include review and coordination of work performed by Inspectors and clerical support staff.
Administrative duties include city council and Planning Commission meeting attendance when requested, meetings
with applicants and developers, inter-agency coordination and coordination with Staff, development of office
procedures, operations, etc.
B.
OVERTIME RATE
In the event that the CONTRACTOR is requested to perform services whereby an
employee must work in excess of forty (40) hours in anyone (1) week, the
CONTRACTOR shall be compensated at l~ times the above hourly rates for each hour
worked over forty. This shall include in the event that there is an emergency
requiring the services of the Building Official and the CITY is reimbursed for
said services. Standard rates shall apply for CONTRACTOR attendance at Planning
Commission and City Council Meetings.
C. INSURANCE SURCHARGE
In addition to the hourly rates noted in Section (A) above, an insurance
surcharge of $4.00 (four dollars) per hour shall be added to each hour of
service rendered pursuant to this agreement. The cumulative total surcharge
paid during the period from July 1st through June 30th shall not exceed
$9,000.00 (nine thousand dollars). Once this limit is reached, CONTRACTOR is
entitled only to the base hourly rate.
D. FREOUENCY OF BILLING/PAYMENTS
CONTRACTOR shall submit invoices on a monthly basis. At the sole discretion of
CITY, other payment schedules may be considered.
Approved and agreed on the _____ day of June, 1993 by CITY and CONTRACTOR.
For Contractor:
For City of Dublin
Victor L. Taugher, CONTRACTOR
By:
Peter W. snyder, Mayor
By:
Revised 7/1/93
a:61ExbBT.agenda#12
ATTEST:
Kay Keck, City Clerk