HomeMy WebLinkAbout2017-09-26; City Council; ; Approval of Amendment No. 2 to the Agreement with Dennis Grubb & Associates, LLC for fire plan review servicesCITY COUNC I L
Staff Report
Meeting Date:
To:
From:
Staff Contact:
September 26, 2017
Mayor and City Council
Kevin Crawford, City Manager
Randy Metz, Fire Marshal
Randy.M et z@carlsbadca.gov or 760-602-4661
CA Review wL
Subject: Approval of Amendment No. 2 to the Agreement with Dennis Grubb &
Associates, LLC for fire plan review services.
Recommended Action
That the City Council adopt a resolution approving Amendment No. 2 to the Agreement with
Dennis Grubb & Associates, LLC for fire plan review services.
Executive Summary
This action authorizes the city to execute an amendment to an existing professional services
agreement to provide fire plan review services for current developments. This agreement will
help ensure that the construction drawings and specifications submitted to the City of Carlsbad
for approval are consistent with all state and local codes, including fire and building codes,
National Fire Protection Association standards for fire protection systems, hazardous processes,
hazardous materials storage and life safety provisions.
Discussion
In 2015, the City of Carlsbad transitioned the fire plan review process from in-house to an
outsourced service in order to meet the increase in demand and maintain consistent customer
service for plan review turnaround. Outsourcing this service has given the city access to
specialized technical expertise and has allowed the city to provide consistent response times to
our customers in spite of fluctuations in workload. The current contract for fire plan review
services with Dennis Grubb & Associates, the current outside vendor, is likely to reach its current
maximum dollar amount, as set forth in the contract amendment dated July 20, 2017, in October
of 2017.
Through a new amendment to the existing agreement with Dennis Grubb & Associates, the fire
department seeks to continue using Dennis Grubb & Associates to conduct fire plan review
services, but also, to change the contract structure for the plan review contractor from a set
dollar amount for contract services to a structure that mirrors that of the building department's
plan review services, where the contractor has no set maximum contract amount. This would
enable the contractor to provide fire plan review services for the city for any projects requested
by the fire department. Since all fees will be paid by the applicant for plan review services in
accordance with the city's adopted fee schedule, the city will be able to pay the contractor based
on actual development activity, which can vary from month to month, and will not be restricted
to a set contracted amount.
September 26, 2017 Item #9 Page 1 of 7
In October of 2016, the Purchasing Division published a Request for Qualifications (RFQ) for the
city's fire plan review services. By the closing date, the Fire Prevention Division received 7
responses. The proposals were evaluated against the following criteria: proposed services and
methodology, overall response to the request, best value, related experience of consultant and
project team, and client reference information. Through the evaluation process, Dennis Grubb
& Associates was ranked by the evaluation committee as the overall top rated respondent.
Based on that evaluation, staff awarded a contract in the amount of $50,000 on January 18,
2017. Due to increases in development project submittals, the original contract was amended
on July 20, 2017 to add an additional $50,000, bringing the total contract value to $100,000, the
maximum allowed without City Council approval. This requested change in contract structure
will allow all work submitted to the fire department for review to be performed without
additional amendments to the contract.
Staff recommends amending the current contract with Dennis Grubb & Associates to a contract
without any cap as the applicant will pay all fees incurred for fire plan review services, and thus,
releasing the fire department from set contract limitations since all fees for service are paid by
the applicant.
Fiscal Analysis
There is no financial impact on the city as all fees for service are charged to the applicant and
collected at the time of plan submittal. The contractor will be paid based on the work
performed and in accordance with the city's adopted fee schedule. The contractor will receive
100 percent of fees collected for fire plan review only. The fire department collects a separate
fee for administrative processing and inspection services.
Next Steps
Once the agreement is fully executed and a new purchase order issued, a notice to proceed will
be issued and Dennis Grubb & Associates will continue to provide fire plan review services.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, the award of a contract for fire plan review
services does not qualify as a "project" within the meaning of the California Environmental
Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act (California Government Code
Section 54950 et. seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. Resolution approving Amendment No. 2 of an Agreement with Dennis Grubb & Associates,
LLC, for fire plan review services.
September 26, 2017 Item #9 Page 2 of 7
RESOLUTION NO. 2017-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVAL OF AMENDMENT NO. 2 OF AN AGREEMENT WITH
DENNIS GRUBB & ASSOCIATES, LLC, FOR PLAN REVIEW SERVICES.
WHEREAS, in 2015 the City of Carlsbad transitioned the fire plan review process from in-house
to an outsourced service in order to meet the increase in demand and maintain consistent customer
service for plan review turnaround. Outsourcing this service has given the city access to specialized
technical expertise and has allowed the city to provide consistent response times to our customers in
spite of fluctuations in workload; and
WHEREAS, in October 2016 a Request for Qualifications (RFQ) was published for the city's fire
plan review services. Seven responses were submitted, and through the evaluation process, Dennis
Grubb & Associates was awarded the contract; and
WHEREAS, on January 18, 2017 a contract in the amount of $50,000 was entered into between
the City and Dennis Grubb & Associates. Due to increases in development project submittals, the
original contract was amended on July 20, 2017 to add an additional $50,000 to the agreement's total
not-to-exceed amount, thus bringing the total contract value to $100,000; and
WHEREAS, the fire department seeks to continue the contract to use Dennis Grubb & Associates
to provide fire plan review services, but, change the current contract structure for plan review from a
set dollar amount for contract services to one that removes the not-to-exceed amount of the contract;
and
WHEREAS, since all fees will be paid by the applicant for fire plan review services in accordance
with the city's adopted fee schedule, the removal of the not-to-exceed amount of the contract will not
create any financial liability for the city; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. The Council approves Amendment No. 2 of an agreement with Dennis Grubb &
Associates, LLC dated January 18, 2017, as amended on July 20, 2017, to remove the
not-to-exceed amount of the contract. (Attachment A)
September 26, 2017 Item #9 Page 3 of 7
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
r+ HAu, Mayor
(SEAL)
September 26, 2017 Item #9 Page 4 of 7
AMENDMENT NO._1._ TO AGREEMENT FOR FIRE PLAN REVIEW SERVICES
DENNIS GRUBB & ASSOCIATES
dhi~mendment No. 2 is entered into and effective as of the 2n.d day of u~v::zev , 2017, amending the agreement dated January 18, 2017,
as amended on July 20, 2017, (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Dennis Grubb & Associates, a Limited Liability Corporation,
("Contractor") (collectively, the "Parties") for fire plan review services.
RECITALS
A. On January 18, 2017, the Parties entered into an agreement for fire plan check
services. The not-to-exceed amount of the original agreement was for $50,000.
B. On July 20, 2017 the parties executed Amendment No. 1 to the Agreement to add
an additional $50,000 to the original contract not-to-exceed amount. That brought the
Agreement's total not-to-exceed amount to $100,000.
C. The Parties anticipate reaching the current Agreement's not-to-exceed amount in
or around October 2017.
D. The Parties desire to remove the not-to-exceed amount from the Agreement with
no change to the scope of work; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. With this Amendment, the Agreement shall no longer have a not-to-exceed amount
for plan review services.
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis. Contractor will provide City, on a monthly basis, copies
of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
3. All other provisions of the Agreement, as may have been amended from time to
time, and not specifically addressed herein, shall remain in full force and effect.
4. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
5. The individuals executing this Amendment 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 Amendment.
City Attorney Approved Version 9/27/16
September 26, 2017 Item #9 Page 5 of 7
CONTRACTOR
(sign here)
Dennis J Grubb/President
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
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:
CELIA A. BREWER, City Attorney
BY: lki~ --~----------Assistant City Attorney
City Attorney Approved Version 9/27/16
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September 26, 2017 Item #9 Page 6 of 7
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
A. CONTRACTOR shall pay all postage fees for transportation of plans between
City of Carlsbad and contractor.
B. CONTRACTOR shall provide turn-around times established by the City as follows:
New Submittals -10 Working Days; Resubmittals-5 Working Days
C. CONTRACTOR shall be compensated 100% of the City Council approved PLAN
REVIEW fee for specific plan type being reviewed. This fee encompasses the
initial review and one resubmittal. CONTRACTOR will not be compensated more
than the City Council approved Fee Schedule for Plan Review. Hourly rates will not
be accepted other than when allowed by city fee schedule.
D. CONTRACTOR shall work within the City's selected Community Development
Software program. Software will be provided to the contractor, including any
required licensing agreements.
E. CONTRACTOR shall be able to perform electronic plan review and must provide all
hardware necessary to perform such reviews.
F. CONTRACTOR and their associates shall be responsible for communicating
and working directly with all submitting design professionals, builders, architects or
engineers to resolve any and all identified plan correction items and issues.
G. CONTRACTOR shall defer any disputes or conflict related to interpretation or
application of the Fire Code to the Fire Marshal; any disputes or conflict related to
any other adopted code shall be made by the City of Carlsbad Building Official.
H. CONTRACTOR shall stamp reviewed plans utilizing city stamps provided by the
Fire Department.
City Attorney Approved Version 9/27/16
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September 26, 2017 Item #9 Page 7 of 7