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HomeMy WebLinkAboutMINUTES - 01222008 - C.32 - -ti----------- Contra TO: BOARD OF SUPERVISORS "= z Costa °¢ County sr';-CO� FROM: CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT DATE: January 22, 2008 SUBJECT: CITY OF RICHMOND AGREEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Director of Building Inspection to execute a contract with the City of Richmond to provide the city enhanced building inspection related services for the period December 1, 2007 through November 30, 2008 (100% reimbursement from City of Richmond)(District 1). FISCAL IMPACT None. The City of Richmond will reimburse all costs. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION UF BOARD COMMITTEE --"APPROVE OTHER SIGNATURE(S): ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VO E SUPERVISORS UNANIMOUS(ABSENT } I HEREBY CERTIFY THAT THIS IS A AY NOES: TRUE AND CORRECT COPY OF AN ABSENT: ABSTAIN: ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF Contact: Carlos Baltodano(925/335-1108) SUPERVISORS 9i�HE DATE SHOWN. ATTESTED: =, / �U� cc: Building Inspection John Cullen, Clerk of the Board of Super.' ors and Coun Admin'strator BY �0� M— DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS The County Building Inspection Department has been providing building services to the City of Richmond for the last year. The contract is expiring on November 30, 2007. This agreement will extend the contract to November 30, 2008. Specifically, the County will continue to provide assistance in the areas of plan review, inspections, zoning/building violation investigations, and counter services and information technology. These tasks will be performed on an as needed basis. Specific reimbursement rates for inspection and plan review services are detailed in the agreement. Contra Costa County Building Inspection Department will provide the services consistent with guideline and procedures of the City of Richmond and applicable codes. The Department will work closely with the City's Building Division of the Community Development Department in the implementation of building inspection services. This will require augmentation of the staffing level in the Department. AGREEMENT FOR BUDDING INSPECTION SERVICES This Agreement is entered into between the City of Richmond ("City"), and Contra Costa County("County") for building inspection services to be provided by the County to the City. RECITALS: A. The City desires to utilize the County Building Inspection Department to provide plan-checking, counter services, inspection,respond to citizen complaint and investigation services to the City's Planning and Building Department. B. The purpose of this Agreement is to set forth the terms and fees for providing building inspection services to the City's Planning and Building Department. NOW THEREFORE,the parties, for valuable consideration, agree as follows: Section 1. SERVICES TO BE RENDERED. The City agrees to hire County Building Inspection Department staff to provide services to the City's Planning and Building Department as set forth in Exhibit A, which is incorporated by reference herein. The City will furnish direction to County Building Inspection Department staff as needed through its Building Official in order to accomplish the services listed in this Agreement. The County will provide vehicles and communication equipment as deemed necessary by the County. County staff shall remain employees of the County. City shall not be responsible for worker's compensation or any employee benefits, other than provided in this Agreement and attached Exhibits A &B. Section 2. TERM. This Agreement is effective from December 1, 2007 through November 30, 2008. Section 3. PAYMENT OF FEES AND REMBURSEMENT OF COSTS. a. Except as expressly provided in Exhibit B, attached hereto and incorporated herein,the City shall pay the following fees to the County for the services performed herein: -1- Position/Title Rate Per Hour Building Official $85 Senior/Structural Engineer $85 Sr./Principal Building Inspector $75 Building Inspector 11 $70 Building Inspector I $65 Senior Plan Checker $65 Building Plan Checker H $50 Building Plan Checker I(counter services) $45 Clerk—Experienced (counter services) $35 b. The County, through staff of the Building Inspection Department, will submit to the City a monthly report detailing expenditures and charges. This report shall include reasonable documentation of expenses incurred, including but not limited to invoices and time sheets. C. Plan checking and review fees are set forth in Exhibit B. Section 4. HOLD HARMLESS AND INDEMNITY. County agrees to indemnify and hold harmless City from the County's share of liability for damages caused by the negligence or willful misconduct of the County, its officers, agents or employees in the County's performance under this Agreement. County's obligations under this section shall not apply to any claim, cost or liability caused in whole or in part by the negligence or willful misconduct of the City. Under no circumstances shall County have any liability to City or to any other person or entity, for consequential or special damages, or for any damages based on loss of use,revenue, profits or business opportunities arising from or in any way relating to County's performance under this Agreement. City shall defend, indemnify and save harmless County, its officers and employees from all claims, suits or actions of every name,kind and description brought by or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City, its officers, agents or employees under or in connection with this agreement or with any work, authority or jurisdiction of City. Section 5. NOTICES. All correspondence regarding this Agreement, including invoices, payments, and notices, shall be directed to the following persons at the following addresses and telephone numbers: COUNTY: Carlos Baltodano,Director Building Inspection Department Contra Costa County 651 Pine Street, 3rd Floor,N. Wing Martinez, CA 94553 (925) 335-1108 -2- CITY: Richard Mitchell,Director Planning and Building Department 1401 Marina Way South City of Richmond, CA 94804 (510) 620-67.06 Section 6. TERMINATION. a. This Agreement may be terminated by either the City or the County by giving at least 30 days written notice thereof to the other party. b. Should either party be in default of the terms of this Agreement, the non- defaulting party may give written notice of such default and should such default not be corrected within thirty days after the mailing of said notice,this Agreement may then be terminated by the non-defaulting party by giving ten days written notice thereof. The parties,by the Director of the County's Building Inspection Department as authorized by the County Board of Supervisors and by the mayor of the City, each hereunto duly authorized, have executed this Agreement on the date appearing below. CONTRA COSTA COUNTY CITY OF RICHMOND By: Director of Building Inspection City Manager Dated: .4 —Y Dated: DEC 2 8 2001 Approved as to form: Approved as to form: al By: ; Deputy C unty Counsel Dated: l �`I 4 Dated: ol -3- EXHIBIT A Duties to be performed by County Building Inspection Department staff for the City of Richmond's Planning and Building Department Scope of Duties: As requested by the City,through the Director of Planning and Building Services, County Building Inspection staff persons will perform Building Official duties with regard to applicable building and zoning codes and laws. These duties will be in connection with the enforcement of City building, zoning, mechanical, plumbing, electrical, housing and related codes and regulations, including uniform codes as adopted by the City, governing the construction, alteration, repair and use of buildings and structures. The City,through the Building Official, may also request County Building Inspection Department to perform other functions as described below. All these services will be requested on an as-needed basis. I. Building Official Services: The appointed Building Official will have overall responsibility for supervising the work of building inspection, permitting and plan check engineering staff. The appointed Building Official will plan,organize,coordinate and review the work of all Building department field and administrative staff assigned to all phases of the construction of single and multi-family structures, including public housing, will review "Stop Work" and "Notice to Comply" orders prior to their issuance when requested by the Director of Planning and Building Services, will provide technical direction and training to building inspectors, will perform over-the-counter plan review of non-engineered structures and will perform inspections, including field inspections, as described in Section H, below. The appointed Building Official will serve as a liaison between the City and builders of major development projects. The appointed Building Official will maintain records and prepare reports as required. II Plan Review Services At the request of, and as directed by the City Planning and Building Director, County building inspection staff shall check plans and specifications for compliance thereof with the requirements of the current adopted building codes and with the City's Municipal Code. After plans and specifications are delivered to County building inspection staff for review,the County building inspection staff shall furnish to City a written report indicating whether such plans and specifications are in compliance with applicable codes or not and if not, identifying each failure to comply with such codes. When necessary, County building inspection staff will meet with involved architects or engineers to make a determination of compliance. All plans and specifications to be reviewed will be picked up by County building inspection staff from City's offices and returned thereto, at County's own expense, or will -4- be transmitted to County in mailing bags provided by County to City at County's expense. III Inspection Services Inspection services that may be provided to the City include the following: Review of plans and specifications for buildings and related construction involving installation,repair, replacement and alteration for compliance with applicable codes and regulations; issuance of building, plumbing and electrical permits; inspection of sites and buildings before construction or alteration to determine compliance of plans with applicable codes and regulations; inspections during construction for compliance with Uniform Codes (U.B.C., U.M.C., U.P.C. and N.E.C.) as adopted by the City and Richmond Municipal Code; issuance of certificates of occupancy. Interpretation of applicable codes and regulations; explanation of required inspections and construction requirements to owners,architects, engineers, contractors and the public; advice to owners on matters related to building permits; maintenance of records and files of inspections made and actions taken. Field inspections to check for zoning violations; inspection of existing buildings to determine hazardous conditions; inspection of construction or alterations being performed without proper building permits. Inspection of the quality of materials and the methods of construction for footings and foundations, excavations, wood framing, concrete work, steel erection, lathing and plastering,tile work, masonry, electrical,plumbing and other construction work to ensure compliance with applicable codes and regulations. Investigation of citizen complaints related to applicable codes and regulations. IV Code Enforcement At the request of, and as directed by the City Building Official, County building inspection staff will investigate complaints regarding zoning violations and/or building code violations. Inspections and investigations will follow the requirements of the current building codes, as adopted by the City, and applicable provisions of the City's Municipal Code. Code enforcement will be performed by County Building Inspection staff at the level of Building Inspector I or II. -5- The role of County Building Inspection staff is limited to code enforcement inspections and investigations. The City will be responsible for issuing any notices, including notices of code violations or other notices, that the City may deem necessary for seeking compliance with its municipal code. The City will be responsible for taking any enforcement action, including pursuing judicial or administrative remedies, which the City may deem necessary for seeking compliance with its municipal code. V Counter Services County staff assigned to the City for the provision of counter services may perform the following tasks as directed by the City Building Official: Information to the public on building and permit requirements. Review of permit application for completeness of submittal and approvals of other agencies. Process and issue permits using the automated permit management system. Accepts fee payments and prepares accurate receipts, computer notations, and other appropriate documentation. Files plans and applications. Coordinates return of corrected plans and assists in distribution of plans as needed. Performs all documentation related to plan review and permit issuance. -6- EXHIBIT B Payment Provisions for Plan Checking& Review Invoices shall be paid promptly, upon the timely approval of authorized City staff, in accordance with the following: Compensation. City hereby agrees to pay County: 1. For plan check and review services provided by the County to the City,the County shall be paid a percentage of the plan check fee collected by the City from the applicant, in accordance with the following schedule: a. Structural-only plan check: 40 percent of plan check fee collected by the City. b. Structural plan check and energy plan check(pursuant to Title 24, California Code of Regulations): 45 percent of the plan check fee collected by the City. c. Structural, fire/life safety, handicapped accessibility, energy, and building code regulations plan checks: 70 percent of the plan check fee collected by the City. d. Energy check(pursuant to Title 24, California Code of Regulations) and handicapped accessibility plan check: 10 percent of the plan check fee collected by the City. All plan check services shall include the original check and, if necessary, up to two follow-up checks, if necessary. The hourly rate for plan check services for any additional follow-up check, or for design change plan checks after the issuance of permits for$65.00 per hour. 2. In the event County staff is requested by City to review changes on plans or specifications previously checked and follow-up check by County, or to perform any other additional services beyond those described in Exhibit A of this Agreement, County shall be compensated for such services based upon County's standard hourly rate of$65.00 per hour. 3. The County entitlement to compensation for regular and/or additional plan check services shall be deemed complete upon the City's approval of the services or within 60 days of plan submittal to City,without City objection whichever is first. County Building Inspection Department staff shall submit to City two sets of checked plans signed by County as plan checked, and one set of calculations and specifications. The County will include with its submittal an itemized invoice for plan check services, directed to the City as specified in Section 5 of this Agreement, "Notices." Compensation to County shall be -7- paid by City within one month of receipt of County's invoice. 4. Except for the compensation provided herein and in Section 3 of this Agreement (Payment of Fees) and as provided in Section 4 (Hold Harmless and Indemnification) of this Agreement, City shall have no liability for payment of any costs or expenses incurred by County in connection with the performance of its services under this Contract. 5. Plan Check Deadlines. The County will endeavor to adhere to the plan check time schedule as follows: 5.1 Two weeks for projects evaluated to be less than $1,500,000. 5.2 Three weeks for projects evaluated to be from $1,500,000 to $5,000,000. 5.3 Four weeks for projects evaluated to be more than $5,000,000. 5.4 Five working days for each follow-up check. The first day of review is the first working day after receipt of plans from City. At the completion of every review, a list of plan review comments will be sent to the applicant (or designated parry) in addition to the City Building Official. Modifications to Section 1 above may be necessary due to workload and/or quantity of plan submission by City. County will notify City at the earliest possible time as to the possibility of a delay on meeting the established deadlines. -8-