For City Council Meeting June 27, 2023
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Colby Cataldi, Director of Community Development
Title
Request City Council to: (1) Approve a Professional Services Agreement with 4LEAF, inc., CSG Consultants, Inc, True North Compliance Services, Inc. and Transtech Engineers, Inc. for On-Call Plan Check, Inspection and Additional Support Services; and (2) Authorize the Acting City Manager to exercise the optional one-year extensions subject to satisfactory performance of the services and the continuing need for such services; and (3) Authorize the Acting City Manager to Execute All Documents.
(ACTION)
Body
BACKGROUND
The Building Division has the responsibility to ensure that all construction is in accordance with the most current editions of the California Building Standards Code and City’s Municipal Codes. To do this there are three essential parts:
• The intake and processing of projects, through plan check, and issuing the permit. (Permit Technician)
• The checking of those documents to current codes to insure they are up to date, and approval once they are. (Plans Examiner)
• The Inspection of the projects to insure they are built according to the plans and within the codes. (Inspector)
On March 8, 2022, the City Council approved a Professional Services Agreement (PSA) for on-call plan check, inspection, and additional support services with CSG Consultants. Term for this agreement was in effect through June 30, 2022, allowing the City at sole discretion, permission to extend for four (4) additional one-year (1) terms.
On December 13, 2022, the City Council approved Amendment No. 3 to the Services Agreement with 4LEAF for on-call plan check, inspection, and additional support services to increase contract amount and extend Service Agreement through June 30, 2023.
Currently, 4LEAF and CSG Consultants are the only two (2) firms providing Building and Safety Services to the City.
ANALYSIS/DISCUSSION
In the current 2022-2023 Fiscal year, the Building and Safety Division has twelve (12) full-time positions budgeted with seven (7) total vacancies.
|
Department |
Division |
Classification |
Emp. Name |
|
Community Development |
Building |
Senior Building Inspector |
Doug Bragg |
|
Community Development |
Building |
Dev. Services Specialist |
Cody Clarke |
|
Community Development |
Building |
Building Inspector |
Steven Jaramillo |
|
Community Development |
Building |
Senior Permit Technician |
Veronica Ortiz |
|
Community Development |
Building |
Chief Building Official |
Jesse Sanchez |
|
Community Development |
Building |
Administrative Assistant |
Vacant |
|
Community Development |
Building |
Permit Technician |
Vacant |
|
Community Development |
Building |
Permit Technician |
Vacant |
|
Community Development |
Building |
Building Inspector |
Vacant |
|
Community Development |
Building |
Plans Examiner |
Vacant |
|
Community Development |
Building |
Senior Plans Examiner |
Vacant |
|
Community Development |
Building |
Senior Plans Examiner |
Vacant |
Currently the only remaining contract staff needs are for the vacant Building Inspector and Plans Examiner positions. The department currently has two (2) contract Permit Technicians from 4LEAF who will remain on the roster until the two (2) Permit Technician and one (1) Administrative Assistant positions are permanently filled by qualified candidates. Contract plan check services will continue to be needed until all three (3) Plans Examiner vacancies are permanently filled by qualified candidates. Once the Plans Examiner positions are filled, contract plan check service needs will be reduced and only utilized for specialized project needs.
Vacancies in the Building and Safety Division have been on-going and have increased with the recent promotion of a Permit Technician to Senior Permit Technician in May 2023, and the resignation of the Plans Examiner and Permit Technician in May 2023 and in March 2023 respectively. Both 4LEAF and CSG have been providing valuable services to the City of Rialto, with 4LEAF providing some staffing support and CSG providing plan check services, however the department is still in critical need of greater on-call services.
Given the increasing volume of development activity along with a growing number of staff vacancies and with the challenges to obtain sufficient staff resources with only two consulting firms under contract, it is staff’s recommendation to have additional firms available to broaden the City’s resource pool for these types of on-call services.
On March 1, 2023, the City issued a Request for Proposals (RFP) #23-031 for Building and Safety Services, to solicit new firms to provide the on-call as-needed plan check, inspection and all related services to assist the Community Development Department.
In response to RFP #23-031, on March 31, 2023, the City received 9 proposals from the following firms:
1. 4LEAF
2. Bureau Veritas North America
3. CSG Consultants
4. Interwest Consulting Group
5. True North Compliance Services
6. Transtech Engineers
7. West Coast Code Consultants
8. RKA Consulting Group
9. FEI Associates Consulting Engineers
The proposals were evaluated by Staff in accordance with the criteria established in the RFP, and based on that evaluation, consideration of prior experience, and consideration of pricing, a recommendation was made to re-select CSG and 4LEAF in addition to awarding contracts to two (2) other firms, making for a total of four (4). The firms of RFP #23-031 selected to award contract include:
1. 4LEAF
2. CSG Consultants
3. True North Compliance Services
4. Transtech Engineers
A copy of the Proposals including all other Required Forms for each of the selected vendors are included in the attachments.
In accordance with their proposals, the important standards of performance include:
• Provide services which meet the following maximum expected turn‐around‐times for plan check and inspection services. In practice, CSG shall provide these services with the fastest turn‐around‐time feasible. Additionally, the following Performance Standards shall be used as a guide to determine staff levels.
• Plan Check ‐ The initial check for building plans for new, large scale high density multi‐family and mixed‐use projects shall be completed within ten (10) working days or less from the date of plan submittal.
• The initial check of building plans for new commercial, industrial, and residential buildings shall be completed within ten (10) working days or less from the date of plan submittal.
• The initial check of building plans for commercial, industrial, and residential remodels, renovations and additions shall be completed within five (5) working days or less from plan submittal.
• All rechecks of building plans shall be completed within five (5) working days or less from resubmittal.
• Plan Check review for routine and simple structures and items shall be completed over‐the‐building counter. Routine and simple structures and items include but are limited to; reroofs; patio covers; and fences/walls.
• Inspection ‐ All building inspections requested by 5:00 p.m. on a working day shall be conducted on the next working day with an a.m./p.m. commitment and a two (4) hour window.
• As special circumstances may dictate, after hour or weekend inspections will be conducted.
• At all times, building inspectors shall conduct themselves in a courteous and professional manner and utilize the phone to help coordinate and narrow inspection times with applicants.
• Keep written information regarding building permit application, plan check and inspection process updates.
• Answer the building counter phone when not with a customer at the counter and return telephone calls within two hours. Respond to all email inquiries within one working day.
The scope of services is all-inclusive for the following general categories of Building Division services:
• Plan Check Services
• Inspection Services
• Counter Services
The initial term of the PSA with each of the selected firms is through June 30, 2024. Provided the firms perform to the City’s satisfaction, the term may be extended for four (4) one-year optional extensions, not to exceed a term of five (5) years.
This type of on-call PSA operates on a “pass-through” basis whereby services are only provided to the extent the City has received plans for permit review and/or permits have been issued for inspection services. Developers submitting plans for review or applying for permits for inspection cover the cost of these services. In this case, the consultant will receive payment in the amount of 50% of the City’s adopted plan check or inspection fee.
Section 2.1 of the PSA addresses the fact that there is no contract sum insofar as the services are of an “on-call” nature and subject to change based on the volume of development activity occurring in the City.
City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement is subject to fluctuation due to factors controlling the pace of development within the City of Rialto beyond City’s control; and no guarantee of the volume of on-call professional services required of Consultant under the terms of this Agreement is made by the City. The annual level of on-call professional services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the unknown volume of on-call professional services required hereunder, City and Consultant hereby acknowledge and agree that there shall be no specific “Maximum Contract Sum.” In acknowledgement of the unknown volume of on-call professional services required hereunder, City and Consultant hereby acknowledge and agree that the “Maximum Contract Sum” will be limited to the budget established by the City Council and the total collective sum of individual Purchase Orders issued to Consultant pursuant to and during the term of this Agreement. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference.
Services will only be authorized to the extent revenues have been received to offset the corresponding expenditures on the basis of the “pass-through” nature of the PSA.
A copy of the PSA with each selected firm is included in the attachments.
ENVIRONMENTAL IMPACT
Pursuant to Section 15378 of California Environmental Quality Act, a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Approval of a Professional Service Agreement is an administrative function in accordance with the Rialto Municipal Code and is not a project as defined by CEQA.
GENERAL PLAN CONSISTENCY
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents. Guiding Principle No. 1 states that Rialto is a family first community and essential services and amenities must meet the needs and desires of our families.
LEGAL REVIEW
The City Attorney has reviewed and recommends approval of this staff report and the Professional Services Agreement
FINANCIAL IMPACT
Operating Budget Impact
Sufficient funds are budgeted and available in the General Fund, Account 010-500-4261-2011. Generally, the consultant is paid a fixed fee for providing plan check services (50% of the City’s adopted fees), and time/material hourly cost for certain special plan review or inspection services, which is cost recovered by the applicant.
Capital Improvement Budget Impact
No impact.
Licensing
Each vendor will obtain a Business License with the City of Rialto prior to commencing services.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve a Professional Services Agreement with 4LEAF, inc., CSG Consultants, Inc., True North Compliance Services, Inc. and Transtech Engineers, Inc., for On-Call Plan Check, Inspection and Additional Support services;
2. Authorize the City Manager to exercise the optional one-year extensions subject to satisfactory performance of the services and the continuing need for such services; and
3. Authorize the Acting City Manager to execute all necessary documents.