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HomeMy WebLinkAbout15-Development Services ORlGINAl CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk Director Subject: Resolution Approving Services Agreements with Albert Johnson and California Code Check for Contract Building Inspection Services Dept: Development Services Date: September 26, 2005 MCC Date: October 17, 2005 Synopsis of Previous Council Action: NONE Recommended Motion: . Adopt Resolution. ~ James Funk Contact person: loseph Lease, Bllilding Official Phone' 384-5171 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $260,000 Source: (Aeel. No.) 772-191-2323 ($260,000) (Acet Description) Rllilding Inspection S\I(' Finance: Council Notes: ~. J{){)5 -3Lf'f Agenda Item No. -1.5 10111 )05' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution approving services agreements with Albert Johnson and California Code Check for provision of contract building inspection services. Backl!round: The Development Services Department has experienced a significant increase in the level of demand for building inspection services over the past five (5) years. The level of construction activity has increased from $61 million in fiscal year 2000-0 I to over $197 million in fiscal year 2004-05. The demand for building inspection services currently exceeds the level of service that can be provided by the existing statT of the Building Inspection Division, even with the addition of one (I) Building Inspector and two (2) part-time building inspector apprentices in the current fiscal year budget. The Department undertook an internal process analysis that became known as the Process Improvement Program in the Fall of2004. This review was undertaken to identify opportunities to streamline the development process and to address means by which the increasing demand for services could be satisfied. One of the recommendations that resulted from the Process Improvement Program was the creation of a contract inspection program. Several residential tract developers contacted the Department requesting additional services, due to the fact that at the current service levels their projects are being significantly delayed by the lack of timely inspections. After other builders were surveyed it was determined that many of them are interested in a voluntary contract inspection program and are willing to pay the hourly costs for contract inspectors. Therefore, the department has developed a program to utilize outside contract inspectors to help meet the current level of demand for inspections. Overview: Voluntary Contract Inspection Program This is a voluntary program on the part of developers and is intended to augment, but not replace inspections by City staff. Contract inspections shall be in addition to inspections already provided. Developers will deposit funds into a trust account prior to requesting inspections. The amount of the deposit will be based on the number of hours requested by the developer for the coming month and the contract inspector's hourly rate. The Department may add an appropriate surcharge based on actual administrative costs. The contract inspector will track the time spent on each project on a daily basis. Inspection hours used will be charged against the deposited funds. When the deposited funds are depleted the developer will be notified, and no additional contract inspections will be authorized until additional funds are deposited. Contract inspectors will be paid exclusively by the City. Developers may not offer compensation in any form to a contract inspector. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Contract inspection services may not be available if the aggregate demand is less than 40 hours per week. Inspections shall be assigned to approved contract inspectors by the Building Official or his designee. The program was started in June 2005 on a temporary basis while the Department solicited for competitive bids. The Contract Inspection Program is paid for directly by the developers, and thus does not impact . the budget. It is a temporary means of addressing the peak in inspection demand. An alternative would be to hire permanent staff for the peak demand, however, doing so may necessitate lay-offs once construction activity peaks and subsides. Another alternative would be to attempt to hire a temporary inspector in-house. However, it is not likely that we could attract well- qualified candidates for this purpose, since journey-level inspectors are in high demand in the current labor market. The Competitive Bid Process The Development Services Department prepared specifications for contract building inspection services. The Purchasing Division sent out notices inviting bids for an annual contract for the provision of such services per Specification No. F-06-06. Notices were sent to eleven (11) vendors and the San Bernardino Area Chamber of Commerce, and an advertisement was placed in the San Bernardino Sun and on the City's web page. FIRMS SENT REQUESTS FOR PROPOSALS: VENDER NAME AAE Incorporated Berryman & Henigar California Code Check Esgil Corporation Scott Fazekas & Associates JAS Pacific, Albert Johnson Andre Paradis P & D Consultants Transtech Willdan Associates CITY Brea Santa Ana Victorville San Diego Irvine Ontario Redlands San Bernardino Orange San Bernardino San Bernardino 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued BIDS WERE RECEIVED FROM: VENDER NAME California Code Check GSE Albert Johnson Simplus Transtech Inc. Willdan CITY Victorville Pasadena Redlands Los Alamitos San Bernardino San Bernardino Six firms submitted proposals, two of which are local firms. Each firm was asked to provide a single qualified inspector that would be available for the program. We specifically did not want a firm's "pool" of inspectors because we cannot insure that they are adequately trained, and have the requisite experience, knowledge, attitude, and motivation to perform the duties. Also, we don't have the supervisory staff to train and monitor a pool of inspectors. Our past experience has been that many of the inspectors offered by private firms lack the minimum experience and knowledge specific to the building inspection function to enable them to perform at a competent level. We do not believe that it is in the City's best interest to have private inspectors of questionable competency inspecting new homes. As part of the competitive bid review process we interviewed each of the inspectors offered. Of . the six (6) interviewed, it was determined that two (2) did not meet the minimum qualifications, two (2) were marginally qualified, and two (2) were well qualified. The two well-qualified candidates who were chosen are journey-level inspectors. Mr. Johnson has 10 years of municipal building inspection and plan review experience and Mr. Todd Morris (CCC) has nine years of municipal building inspection experience. Development Services staff reviewed and scored the proposals and rated the inspectors which interviewed for each firm. A point value between one and ten was used to rate each firm and their proposed inspector in the following areas: inspector's experience and qualifications, capabilities of firm, and completeness of response. The sums of the ratings scores were weighted at 45 %, 35 %, and 5 % respectively. A local preference of five (5) percent was added to the scores of those firms that maintain an office within the City of San Bernardino. After the scores were totaled, pricing was evaluated and weighted at 10%, and the two highest rated vendors were selected. Albert Johnson received the highest rating and California Code Check (Todd Morris) placed second based on their overall scores and the acceptability of their prices. Two firms were chosen so that the Department will have a greater degree of accessibility and availability when services are needed. The total point ratings and pricing for the six firms that responded are as follows: 3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Firm Name Rating Pricing (hourly rate) California Code Check 73.87 $ 70 GSE 61. 40 $ 80 Albert Johnson 86.40 $ 60 Simp Ius 60.17 $100 Transtech Inc. 73.63 $ 68 Willdan 58.40 $ 75 Financial Impact: The direct costs of the contract building inspectors under this program will be paid by the builders that voluntarily elect to use this service. Therefore, the Development Services Department budget will not be impacted by the Contract Inspection Program. The $260,000 purchase order amount is an estimate of the maximum cost for two contract inspectors for the year on a full-time basis, however it is not a contract amount. The amount of work is based on the demand for additional contract inspection services by the developers over and above the inspections we can provide with City staff. The amount of work is also based on the developer's willingness to voluntarily pay the extra costs for these services. We cannot with certainty predict what the demand will be, but we anticipate it could be between one and two full-time inspection positions. Since we cannot guarantee the firms a minimum amount of work there is no specific contract amount stated in the agreements. The $260,000 requested for the purchase order is the estimated aggregate for both vendors. It was estimated assuming full-time for both inspectors as follows: Albert Johnson 2080 annual hrs. X $60/hr. Todd Morris(CCC) 2080 annual hrs. X $70/hr. Subtotal Less estimated nonpaid vacation/sick leave @ 80 hours per inspector 80 X 2 X $65 = TOTAL $124,800 $145,600 $270,400 - 10,400 $260,000 Recommendation: Adopt Resolution and authorize the Purchasing Manager to issue Annual Purchase Orders totaling $260,000 in aggregate, to Albert Johnson and California Code Check with provisions for two single year renewal options. 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 RESOLUTION NO.(b ~ lPY RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH ALBERT JOHNSON AND CALIFORNIA CODE CHECK FOR PROVISION OF CONTRACT BUILDING INSPECTION SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. ALBERT JOHNSON, a sole proprietor, and CALIFORNIA CODE CHECK, a firm, each being competent, experienced and able to perform said services and have provided the most advantageous and best responsible proposals for provision of CONTRACT BUILDING INSPECTION SERVICES, per Specification No. F-06-06 for purchase order amounts totaling $260,000 in aggregate, with single year renewal options. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms; and all other proposals are hereby rejected. The Mayor is hereby authorized and directed to execute Services Agreements on behalf of the City; a copy of each agreement is attached hereto and incorporated herein (Exhibits A and B). SECTION 2. The authorization to execute the above referenced agreements is rescinded if they are not executed within sixty (60) days of the passage of this resolution. III III III - 1 - tits /D/17/0~ 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH ALBERT JOHNSON AND CALIFORNIA CODE CHECK FOR PROVISION OF CONTRACT BUILDING INSPECTION SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of 7 Council Members: 8 ESTRADA 9 LONGVILLE 10 MC GINNIS 11 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 , 2005, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk 19 20 21 The foregoing resolution is hereby approved this day of ,2005. Judith Valles, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 11 f.! By' II r --:) j ~'.,~u 26 . 1 ..--. - ~ III d :I 25 27 28 - 2 - , Exhibit "A SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2005, between ALBERT JOHNSON ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for contract building inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall perform contract building inspection services on an as needed basis in accordance with Proposal Specification No. F-06-06 which is incorporated herein by reference. The volume of work is dependent upon the demand for such services from builders within the City and no minimum volume of work to be assigned is expressed or implied. Contractor shall provide Albert Johnson as the sole building inspector to provide said services unless City gives written consent to an alternate inspector. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services $60.00 per hour in accordance with Proposal Specification No. F-06-06 and Offeror's Proposal and Statement, which is on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (l) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. Services Agreement - Albert Johnson Page 2 of3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance under this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee ofthe CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. During the effective period of this Agreement, Contractor shall not accept any remuneration or gratuity, nor shall have any business relationship which would constitute a conflict of interest with any developer, builder, or business entity for which inspections are performed. Services Agreement - Albert Johnson Page 3 of3 10. This Agreement is not assignable. Contractor shall maintain a valid, current City Business Registration Certificate at all times during the term(s) of this Agreement. 11. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: J ames Funk, Development Services Director City of San Bernardino 300 North 'D' Street San Bernardino, CA 92418 (909) 384-5057 TO THE CONTRACTOR: Albert Johnson 12785 Puesta Del Sol Redlands, CA 92373 (909) 794-7937 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO ALBERT JOHNSON by: Judith Valles Mayor City of San Bernardino by: Albert Johnson Contractor Approved as to form and legal content: James F. Penman City Attorney By: .. Exhibit "B SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2005, between CALIFORNIA CODE CHECK ("CONTRACTOR"), A California Corporation, and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for contract building inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall perform contract building inspection services on an as needed basis in accordance with Proposal Specification No. F-06-06 which is incorporated herein by reference. The volume of work is dependent upon the demand for such services from builders within the City and no minimum amount of work to be assigned is expressed or implied. Contractor shall provide Todd Morris as the sole building inspector to provide said services unless City gives written consent to an alternate inspector. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services $70.00 per hour in accordance with Proposal Specification No. F-06-06 and Offeror's Proposal and Statement, which is on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. '. Services Agreement - California Code Check Page 2 of3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance under this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. During the effective period of this Agreement, Contractor shall not accept any remuneration or gratuity, nor shall have any business relationship which would constitute a conflict of interest with any developer, builder, or business entity for which inspections are performed. 10. This Agreement is not assignable. Contractor shall maintain a valid, current City Business Registration Certificate at all times during the term(s) of this Agreement. ". Services Agreement - California Code Check Page 3 of3 11. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: James Funk, Development Services Director City of San Bernardino 300 North 'D' Street San Bernardino, CA 92418 (909) 384-5057 TO THE CONTRACTOR: California Code Check 2393 Teller Road, Suite 108 Newbury Park, CA 91320 (805) 499-4584 FAX (805) 499-4489 CA CodeCheck{@aol.com Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO CALIFORNIA CODE CHECK Judith Valles Mayor City of San Bernardino by: C. Thomas Harris President by: Approved as to form and legal content: James F. Penman City Attorney