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
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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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.
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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) / ) ^/ ' ^-/
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AGREEMENT FOR FIRE DEPARTMENT OUTSIDE PLAN REVIEW SERVICES
(Insert Name of Contractor)
THIS AGREEMENT is made and entered into as of the ~?~ day
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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.
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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