HomeMy WebLinkAbout2017-09-26; City Council; Resolution 2017-196RESOLUTION 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)
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)
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
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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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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