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HomeMy WebLinkAbout2010-01-26; City Council; 20111; Fee for Expedited Fire Plan Review ServicesCITY OF CARLSBAD - AGENDA BILL AB# 20,111 MTG. 1/26/10 DEPT. FIRE ESTABLISH A FEE FOR EXPEDITED FIRE Dl A HI DC\/IC\A/ OCDl/J/"*CO Ar\r\tTtf\M /^C TLJCPLAN REVIcW ocKWC-co, AUUIllUN Ur The FEE TO THE CITY'S MASTER FEE SCHEDULE AND APPROVING PROFESSIONAL SERVICE CONTRACT AND PROGRAM TO PROVIDE EXPEDITED FIRE PLAN REVIEW DEPT. HEAD \^ CITY ATTY. f$£ CITY MGR. , UA— RECOMMENDED ACTION: Adopt Resolution No. 2010-019 and approve the Expedited Fire Plan Review Service, approve the professional service contract for Expedited Fire Plan Review Services, conduct a public hearing and establish a fee for Expedited Plan Review Service and addition of this fee to the City's Master Fee Schedule. ITEM EXPLANATION: Expedited Fire Plan Review Services The Carlsbad Fire Department Fire Prevention Division's mission is to provide fire prevention and protection services, including conducting 1) fire-related building plan check services; 2) fire inspections of new and remodeled construction; and, 3) fire inspections of specified occupancies. In order to improve customer service and achieve a more-timely turnaround of fire-related building plan reviews, the Fire Prevention Division will, based upon City Council approval, offer voluntary Expedited Fire Plan Review Service (Expedited Service). The Expedited Service allows the applicant to select initial plan review within 14 calendar days of submission and resubmission review of plan corrections within seven calendar days, for an additional fee or the applicant has the option to chose Routine Fire Plan Review, which will have more extended review times, at no additional charge. The fee for Expedited Fire Plan Review Services will be the external Fire Plan Review Contractor's actual hourly rate plus a $25 per submission fee, to cover actual costs incurred by the Fire Department to administer the Expedited Fire Plan Review Service. Staff recommends the City Council approve the Expedited Fire Plan Review Service. Contractor to Perform Expedited Fire Plan Review Services In October 2009, a Request for Proposals (RFP 10-01) was issued to identify a highly-qualified consultant to perform Expedited Fire Plan Review Services. Six firms responded to the RFP with the submission of proposals on October 29, 2009. A review of the six proposals revealed the consultant providing the best value to be Daryl K. James and Associates. The selected consultant will provide Expedited Fire Plan Review Services to requesting applicants at an hourly rate of $90.00. The Agreement is for a one year period, with the option to extend for an additional one year period, at the discretion of the City Manager, in an amount not to exceed $90,000 per Agreement year. Staff recommends City Council approval of the Agreement for Fire Department Outside Plan Review Services with Daryl K. James and Associates, attached as Exhibit 2. DEPARTMENT CONTACT: James Weigand 760-602-4665 iames.weiqand@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED tf- D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 Expedited Fire Plan Review Sen/ice Fee The current FY 10 Master Fee Schedule does not include the fee for Expedited Fire Plan Review Services. The voluntary Expedited Fire Plan Review Service will be assessed at the Fire Plan Review Contractor's actual hourly rate to conduct the plan review plus a $25 fee per submission to cover actual costs incurred by the Fire Department to administer the service. Staff recommends City Council approve the Expedited Fire Plan Review Service fee and approve the immediate addition of the fee to the City's adopted FY 10 Master Fee Schedule. FISCAL IMPACT: The Expedited Fire Plan Review Service is a voluntary program designed to provide improved customer service at no additional cost to the City. Applicants desirous of expedited services will pay the direct and actual cost of that service. As such, the Applicant will be assessed the direct hourly cost of the Fire Plan Review Contractor and the $25 per submission administrative fee to cover the City's actual cost to administer the service. The fee will be titled "Expedited Fire Plan Review Services Fee." ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 2:1065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Resolution No. 2010-019 Approving Professional Service and Program to Provide Expedited Fire Plan Review Services, Establishing a Fee for Expedited Fire Plan Review Services and Addition of the Fee to the City's Master Fee Schedule 2. Agreement for Fire Department Outside Plan Review Services Contract with Daryl K. James & Associates 1 RESOLUTION NO. 2010-019 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A FEE FOR 3 EXPEDITED FIRE PLAN REVIEW SERVICES, ADDITION 4 OF THE FEE TO THE CITY'S MASTER FEE SCHEDULE AND APPROVING PROFESSIONAL SERVICE CONTRACT 5 AND PROGRAM TO PROVIDE EXPEDITED FIRE PLAN REVIEW SERVICES 6 7 WHEREAS, the Carlsbad Fire Department Fire Prevention Division's mission is ^ to provide fire-related building plan check services, fire inspections of new and 9 remodeled construction and fire inspections of specified occupancies; 10 WHEREAS, the City Council of the City of Carlsbad has the authority to establish 11 fees for the City services, and 12 WHEREAS, the City Council finds it necessary to recover the costs for the City services, and 15 WHEREAS, in order to provide improved builder and developer customer service 16 and achieve a more timely turn-around of fire-related build plan checks, the Fire 17 Prevention Division will offer to applicants a voluntary Expedited Fire Plan Review 18 Service with initial plan reviews concluded within 14 calendar days and plan corrections 19 within seven days, for an additional fee, or the choice of a Routine Fire Plan Review, 20 which will have more extended review times, for no additional charge; 21 WHEREAS, the voluntary Expedited Fire Plan Review Service fee will be the 22 external Fire Plan Review Contractor's actual hourly rate plus a $25 fee per submission 23 to cover actual costs incurred by the Fire Department to administer the Expedited Fire 25 Plan Review Service; 26 WHEREAS, the Expedited Fire Plan Review Service is a voluntary program 27 designed to provide improved customer service at no additional cost to the City; 28 J 1 WHEREAS, in October 2009, the City issued RFP 10-01, a Request for Proposal 2 for Fire Department Outside Plan Review Services, which resulted in the submission of six proposals. The staff evaluation revealed the best value consultant to be Daryl K. 4 James & Associates and an Agreement for Fire Department Outside Plan Review 5 Services in an amount not to exceed $90,000 per Agreement year, is recommended for 6 approval; 7 WHEREAS, implementation of the Expedited Fire Plan Review Service will o g require that the associated fee be immediately added to the City's current FY 10 Master 10 Fee Schedule, which currently does not include the fee for Expedited Fire Plan Review 11 Services. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. The above recitations are true and correct. 15 2. The voluntary Expedited Fire Plan Review Service is approved for immediate 16 implementation by the Fire Prevention Division of the Carlsbad Fire Department. }g 3. The Agreement for Fire Department Outside Plan Review Services with Daryl 19 K. James & Associates is approved. 20 4. The voluntary fee for the Expedited Fire Review Service is approved as the 71 Fire Plan Review Contractor's actual hourly rate to conduct the plan review plus a $25 22 fee per submission to cover actual costs incurred by the Fire Department to administer 23 the service. 24 5. The Expedited Fire Review Service fee is added to the City's Master Fee Schedule, effective February 25, 2010. 27 28 Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. As Expedited Plan Review Service fees are collected, the revenues will be appropriated and the Fire Department's budget appropriations will be increased by the same amount of the additional revenue to provide the administrative services related to this new fee and pay for the contractor providing the service. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26 tb day of January , 2010, by the following vote to wit: AYES:Council Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. , Mayor ATTEST: LGfRRAINE^M. WOOD, 6fy Clerk PSEAL) / ) ^/ ' ^-/ r AGREEMENT FOR FIRE DEPARTMENT OUTSIDE PLAN REVIEW SERVICES (Insert Name of Contractor) THIS AGREEMENT is made and entered into as of the ~?~ day -tx^-- . 20 1C, tion, ("City"), ("Contractor"). of yt^uxx^-tx^-- . 20 1C, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and PA&-/L JC.. Jftm£5 _ , a RECITALS A. City requires the services of a consultant that is qualified and experienced in conducting Fire Department Plan Review Services. B. Contractor's managers or supervisory employees for this project meet the level of qualification and experience of a qualified Fire Marshal employed by a California municipal or county fire department or fire protection district. C. All of contractor's employees conducting fire plan reviews under this Agreement will have a minimum of five (5) years of documented experience in fire prevention and plan review as a paid regular member of a California municipal or county fire department or fire protection district and shall maintain code certification as required by the City. D. Selection of Contractor is expected to achieve the desired results in an expedited manner with the review of initial plan submission within two (2) weeks and review of correction resubmissions within one (1) week. E. Contractor has submitted a Proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. RFP No. 10-01 18 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one year period, or parts thereof, in an amount not to exceed ninety thousand dollars ($90,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be based on the hourly rate for services documented by the Contractor. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either RFP No. 10-01 19 directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit "C", which is attached hereto and incorporated herein as though fully set forth at length. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. RFP No. 10-01 20 g If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five (5) years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in RFP No. 10-01 21 7 breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. RFP No. 10-01 22 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name: Kevin Crawford Title: Fire Chief Department: Fire Department City of Carlsbad Address: 2560 Orion Way Carlsbad. CA 92008 Phone No: (760) 931-2141 For Contractor: Name: Title: K-- Address: Vl6fTA7 C& % 3 0^-5 Phone No: Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. RFP No. 10-01 23 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the actual work completed under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. RFP No. 10-01 24 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the RFP No. 10-01 ' 25 entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. Authority The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. III III III Hi III III III III III RFP No. 10-01 2 6 CONTRACTOR *By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here)City Manager er May ATTEST: (print name/title) LO'RRAINlt tf. (sign here) (print name/title) ' If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney RFP No. 10-01 27 Schedule "A" Hourly Rate for Services Bid: $90.00 Price(s) given above are firm for 90 calendar days after proposal due date. Addendum(a) No(s). has/have been received and is/are in this bid. RFP No. 10-01 EXHIBIT "A" SCOPE OF SERVICES THE MANNER IN WHICH DARYL K. JAMES & ASSOCIATES, INC. - CONTRACTOR INTENDS TO PERFORM THE SERVICES As the CONTRACTOR, I will perform Outside Plan Review Services in the following manner: • Conduct preliminary plan review for level of complexity and estimate of billable time. • Determine project assignment (Contractor or Subcontractor based on volume from Carlsbad • In the event plans are assigned to subcontractor, meet with subcontractor to deliver plans and discuss preliminary review and possible concerns. • Consult with subcontractor upon receipt of review plan check comments (if applicable) • Email comments, with analysis of billable time spent on project to the CFD Fire Prevention Bureau. • Consult with Fire Marshal and/or applicant to resolve outstanding comments (when applicable) • Supervise subcontractor's interaction with applicant and Fire Marshal (when applicable) • Maintain standard operating procedures • Promote and schedule ongoing training & education for Contractor and Subcontractors • Attend fire prevention officer meetings • Provide technical interpretation to CFD inspectors as requested and approved by Fire Marshal • Update all revisions to the 2007 California Codes to maintain current codes. • Consult with the Fire Marshal upon request. As the CONTRACTOR, I will task the Office Administrator to perform administrative operations in the following manner: • Log in and deliver to the Contractor, all projects received from the CFD Fire Prevention Bureau • Track all projects to and from subcontractor (when applicable) • Deliver/ship and track all completed projects to CFD Fire Prevention Bureau • Interact with Fire Prevention Secretary • Enter projects into QuickBooks • Invoice projects based on billable time, using QuickBooks • Record payment using QuickBooks • Maintain hard copy project files as well as in Microsoft XP programs • Enter payroll data into Intuit Payroll Services (Company Officers Only) • Using QuickBooks, record subcontractor invoices and payments made to subcontractors. As the CONTRACTOR, I will require subcontractor(s) to perform plan review service in the following manner: • Pick up plans from Contractor • Consult with applicant and/or Contractor, if necessary, while conducting plan review. • Email comments and billable time to Contractor • Upon receipt of corrected plans, review corrections • Consult with applicant and/or Contractor • Email status report to Contractor • Return approved set to Office Administrator • Transmit invoice to Office Administrator • Meet with Contractor and/or Fire Marshal upon request • Attend training, education and fire prevention meetings when necessary. (1 Exhibit "C" Daryl K. James/President, Daryl K. & Associates, Inc. will be fully responsible to the City for the acts and omissions of subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Daryl K. & Associates, Inc. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Daryl K. & Associates, Inc. and City. Daryl K. & Associates, Inc. will be responsible for payment of subcontractors. Daryl K. & Associates, Inc. will bind every subcontractor by the terms of this Agreement applicable to Daryl K. & Associates, Inc.'s work. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are as follows: Anne Marie Bland Fire and Life Safety Consulting 4380 Carmel Drive Carlsbad CA 92010 760-434-7885 Robert Salgado Fire & Life Safety Review & Inspection Services 36341 Flower Basket Road Winchester CA. 92596 951-325-2556 Matthew Ernau Fire Marshal/Instructor 1382 Hale Avenue Escondido, CA 92029 760-738-8279 CONTRACTOR'S STATEMENT OF ABILITY TO PROVIDE QUOTED GOODS/SERVICES/EQUIPMENT RFP No. 10-01 The CONTRACTOR is required to make a statement of how services will be provided. Include: Time period between award and start of service, number of personnel to be used providing services, experience of personnel, numbers and type of equipment and software to be used, delivery lead-time of goods, how quickly urgent, but unplanned services, can be provided, and any other information that will help determine contractor's ability to provide contracted goods, services or equipment. Attachments may be used. The time between award and start of service will not exceed twenty-four (24) hours. Number of personnel to be used providing services will be as follows: Contractor/Owner/Principal Plan Reviewer/Fire Marshal Retired (1) Office Administrator/Co-Owner (11 Plan Review Independent Subcontcontractors (31 All far exceed FD Experience Daryl K. James & Associates. Inc. brings 1 office administrator and total of 4 fire department trained plan reviewers with 105 years combined fire prevention experience. As illustrated in the attached organizational chart in Proposal Document C. As contractor and principal plan reviewer I bring 23 years of plan review experience: twelve years combined in municipal and fire protection district fire service, retiring as Division Chief/Fire Marshal and 11 years as a fire and life safely consultant conducting plan review for the Division of the State Architect and various fire departments and districts throughout the State of California. Plan reviews included site plans for water supply, access & egress, architectural drawings for California Fire Code fire & life safety conditions, fire sprinkler and fire alarm systems and hood & duct extinguishing systems. Experience also includes as review of technical reports as a fire prevention bureau member and preparation of technical reports as a fire & life safety consultant. Technical reports reviewed and prepared addressed conditions specific to research and development associated with manufacturing, high-piled storage conditions, construction, egress, access, water supply and fire protections systems for compliance with the 2007 Editions of the California Fire Code. California Building Code. National Fire Protection Standards, and AHJ requirements. Robert Salgado offers 24 years combined experience in plan review with the San Diego Fire Department and Division of the State Architect. Robert is an ICC Certified Fire Inspector II and ICC Certified Building Inspector. Robert is an instructor of fire alarm classes to the fire service. Plan reviews included site plans for water supply, access & egress, architectural drawings for California Fire Code fire & life safety conditions including, but not limited to. hazardous materials, high-piled storage, fire sprinkler and fire alarm systems and hood & duct extinguishing systems. Anne Bland. Fire & Life Safety Consulting brings twenty-seven years of combined fire department and fire & life safety consulting, including extensive plan review services, to the team. Anne's professional background experience includes: 20 years combined with the City of Orange Fire Department as a Fire Safety Specialist/Hazardous Materials Specialist. Fire Safety Specialist with the Santa Ana Fire Department and Fire Prevention Officer with the Carlsbad Fire Department. Plan reviews included site plans for water supply, access & egress, architectural drawings for California Fire Code fire & life safety conditions including, but not limited to. hazardous materials, high-piled storage fire sprinkler and fire alarm systems and hood & duct extinguishing systems. Matthew Ernau. Fire Marshal/Division Chief. San Marcos Fire Department has been a member of the fire service since 1978. Two years as a firefighter and 29 years in fire prevention. Matthew has been an instructor of new construction plan review & systems, fire science, prevention/investigation and hazmat. Mat, at Palomar College since 1994 and California State Fire Marshal fire prevention instructor since 1996 and currents leads the City of San Marcos Fire Prevention Bureau. Plan reviews included site plans for water supply, access & egress, architectural drawings for California Fire Code fire & life safety conditions including, but not limited to. hazardous materials, high-piled storage fire sprinkler and fire alarm systems and hood & duct extinguishing systems. All plan review comments will be emailed to the Fire Marshal within two weeks upon receiving the plan. All corrections will be presented to the Fire Marshal within one week of review of corrections. RFP No. 10-01 15 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of e United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 16th & 21st, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 21st, day of January 2010 NOTICE OF PUbLIU MtAHINU CITY OF CARLSBAD The Carlsbad City Council will hold apublic hearing on Tuesday, January 26, 2010, at 6:00 p.m. in CouncilChambers, 1200 Carlsbad Village Drive, Carlsbad, California, to accept public comment and consider the ap- proval of an Expedited Fire Plan Re- view Service and the establishmentof a fee for the Expedited Plan Re-View Service. In order to provide improved builder and developer customer service andachieve a more timely turn-around of fire-related build plan checks, the, Fire Prevention Division will offer ap- plicants the option of Expedited Fire Plan Review Service. The Expedited Fire Plan Review Service is a volun- tary program. The applicant will be assessed the direct hourly cost of$90 for the Fire Plan Review Con- tractor and a $25 per submission tocover the City's actual cost to admin- ister the service. Implementation of the Expedited Fire Plan Review Ser- vice will require that the associated fee be immediately added to the City's current Fiscal Year 2010 Mas-ter Fee Schedule. Those persons wishing to speak onthis item are cordially invited to at- tend the public hearing. Copies ofthe agenda bill will be available after Friday, January 22, 2010. If you have any questions, please contact James Weigand in Fire Prevention at760-602-4665. If you challenge the establishment of the Expedited Fire Plan Review Ser-vice and fees in court, you may be limited -to raising only those issuesraised by you or someone else at thepublic hearing described in this no-tice, or in written correspondence delivered to the City of Carlsbad, City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, 92008, at or prior tothe public hearing. APPLICANT: CITY OF CARLSBAD CITY COUNCIL PUBLISH: January 16, 21,2010NCT 2245435 Texanne Schaden NORTH COUNTY TIMES Legal Advertising Expedited Fire Plan Review Services January 26, 2010 Our Challenge •Increased State mandates for annual fire inspections takes time previously used for plan review •Fire plan review is significantly impacting the overall City turnaround for projects •There are no additional in-house resources •There is currently no fire department fees for building plan reviews The Solution •A voluntary expedited plan review program •Two week turnaround for new plans •Seven day turnaround for rechecks •Plan corrections sent electronically to the applicant and the fire department •Costs of plan review paid for by the applicant Expected Outcomes •Based on input from the building industry we expect the majority of plan submissions to use this program •Those choosing not to use the program will receive plan review services as before •Faster overall service delivery to our customers Expected Outcomes •Better community fire and life safety through our increased ability to inspect critical community facilities