Loading...
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 2 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 3 September 26, 2017 Item #9 Page 7 of 7