HomeMy WebLinkAbout2023-01-10; City Council; Resolution 2023-003RESOLUTION NO. 2023-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH
DENNIS GRUBB & ASSOCIATES, LLC FOR FIRE PLAN REVIEW SERVICES
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interest of the city to retain the professional services of an outside firm to provide fire plan review
services on properties located in the city; and
WHEREAS, fees collected from fire plan review service applicants pay for and cover the cost of
these fire plan reviews with no impact to the General Fund; and
WHEREAS, the city solicited quotations (RFQ No. 23-05) for fire plan review services and
received four responsive bids by the deadline; and
WHEREAS, the evaluation committee determined Dennis Grubb & Associates, LLC represents
the best choice to providing fire plan review services for the city; and
WHEREAS, staff have negotiated an agreement with Dennis Grubb & Associates, LLC with an
initial three-year term and an additional two-year extension.
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.That the Mayor is authorized and directed to execute the agreement with Dennis Grubb
& Associates, LLC which is attached hereto as Attachment A.
3.That the City Manager is authorized to amend the agreement to extend the term for up
to one (1) additional two-year period or parts thereof.
4.That the City Manager is authorized to amend the Agreement to adjust the fees shown
in Attachment B to reflect any changes to the Carlsbad Master Fee Schedule approved
by City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor
� SHERRY FREISINGER, City Clerk
{SEAL)
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AGREEMENT FOR FIRE PLAN REVIEW SERVICES DENNIS GRUBB & ASSOCIATES, LLC
Attachment A
-rtv THIS AGREEMENT is made and entered into as of the { i, day of M'\ 201.--5. by and between the CITY OF CARLSBAD. a municipal
corporation, ("City"), a d Dennis Grubb & Associates. a limited liability company, ("Contractor'').
RECITALS
A.City requires the professional services of a firm that is experienced in fire planreview. B.Contractor has the necessary experience in providing professional services andadvice related to fire plan review services. C.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 PERFORMANCEWhile 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.
3.TERMThe term of this Agreement will be effective for a period of three years from the date first above written. The City Manager may amend the Agreement to extend it for one additional two-year period or parts thereof. 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 ESSENCETime is of the essence for each and every provision of this Agreement.
5.COMPENSATIONPlan review fees are set by the Fire Department Fee Schedule. The total fee payable for the Services to be performed during the initial Agreement term shall be unlimited. No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. If the City elects to extend the Agreement, the amount shall be unlimited per Agreement year. 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".
Payments to Contractor, including incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6.STATUS OF CONTRACTORContractor 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 beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor 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 balanceowing to Contractor.
7.SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed 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 ofa subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City.
8.OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorneysfees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly orindirectly 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 mayarise out of or in connection with performance of the services by Contractor or Contractor'sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10. 1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless theRisk Manager or City Manager approves a lower amount. These minimum amounts of coveragewill not constitute any limitations or cap on Contractor's indemnification obligations under thisAgreement. City, its officers, agents and employees make no representation that the limits of theinsurance specified to be carried by Contractor pursuant to this Agreement are adequate toprotect Contractor. If Contractor believes that any required insurance coverage is inadequate,Contractor will obtain such additional insurance coverage, as Contractor deems adequate, atContractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.3 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 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 Commercial General Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, 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 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.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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 Cityduring normal business hours to examine, audit, and make transcripts or copies of records andany other documents created pursuant to this Agreement. Contractor will allow inspection of allwork, 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct 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) copyof the work product for Contractor's records.
14.COPYRIGHTSContractor 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.
15.NOTICESThe name of the persons who are authorized to give written notice or to receive written notice onbehalf of City and on behalf of Contractor under this Agreement.
For City
Name Randall Metz
Title Division Chief -Fire Marshal
Department Fire Department
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 442-339-2665
For Contractor
Name Dennis Grubb
Title President
Address 6560 Van Buren Blvd, Suite B
Riverside, CA 92503
Phone No. 800-975-7395
Email Dennis@DGAssociates.org
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.
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16.CONFLICT OF INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories.
Yes� NoO
17.GENERAL COMPLIANCE WITH LAWSContractor 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.
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 whose services are required by this Agreement.
18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
19.DISPUTE RESOLUTIONIf 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.TERMINATIONIn 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.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ninety (90) days written notice to City. In the event of termination of this Agreement by either party 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.
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Contractor will be paid for work performed to the termination date; however, the total will not
exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
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.JURISDICTION AND VENUEAny 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 nor 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 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.
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26.AUTHORITYThe 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.
CONTRACTOR
By:
(sign here)
Dennis Grubb, Owner
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation of State of California
By:
KEITH BLACKBURN Mayor
ATTEST: Mw
P..HERRY FREISINGER
City Clerk
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:
CINDIE K. McMAHON, City Attorney
BY: i/�� ..:> pu AssistanUStty ttorney
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EXHIBIT "A"
SCOPE OF SERVICES
Dennis Grubb & Associates, LLC (DGA) will provide plan review services to the City of Carlsbad
Fire Department ( city) as follows:
• Pick up and drop off plans at the city or use a courier/mail service at its own expense
within the stated turnaround time.
• Complete plan check review and return plans to the city within ten (10) business days.
• Review and return resubmittals if required within five (5) business days of receipt.
• Complete expedites within three (3) business days of receipt.
• Return plans directly to the applicant or as directed by the city when corrections are
required. Post correction letter, if applicable, to a cloud-based file system accessible to
city personnel.
• Update city's project tracking software as directed by the city.
• Work within the city's selected Community Development Software Program which will be
provided including any required licensing agreements.
• Perform electronic plan review and provide all hardware necessary to perform such
reviews.
• Communicate and work directly with all submitting design professionals, builders,
architects, or engineers to resolve all identified plan correction items and issues.
• Be available to consult with city field inspection team(s) as needed.
• Stamp and sign all plans in accordance with city policy and procedure.
• Verify compliance with adopted state & local codes/ordinances including updates.
• Coordinate with the fire marshal and/or building official for any alternate means or methods
request.
• Defer disputes or conflict related to interpretation or application of the Fire Code to the fire
marshal.
• Defer any disputes or conflict related to any other adopted code to the city building official.
City will collect the fee listed in the City of Carlsbad Master Fee Schedule from each applicant.
The portion of the Fire Department Fees contained in the Master Fee Schedule which are
attributable to Contractor's scope of services are contained in Attachment 1 to this exhibit, which
is attached and incorporated herein.
As payment for Contractor's services described herein, Contractor shall receive the fee amount
shown in Attachment 1 from each applicant. The City Manager may amend this Agreement to
adjust the fees shown in Attachment 1 to reflect any changes to the Carlsbad Master Fee
Schedule approved by City Council. For example, if the City Council approves a 2 percent (2%)
increase to the Fire Department Fees in the Carlsbad Master Fee Schedule, the City Manager
may amend Attachment 1 to pass through the council approved increase to the corresponding
fees contained in Attachment 1.
Contractor shall submit a monthly invoice for services performed under this Agreement.
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Attachment 1
Fire Department Fee Schedule
FIRE EXTINGUISHING AND ALARM SYSTEMS
New Sprinkler System
NFPA 13 System < 100 heads $240.00
NFPA 13 System > 100 heads (includes one riser) $440.00
Each Additional Riser $160.00
NFPA 13R System 3-16 units (per building) $440.00
NFPA 13D Single Family System (Plan Review Per Initial or Single Plan Type) $160.00
Per Additional Plan Type $160.00
ESFR Fire Sprinkler System (Initial system) $440.00
Each additional System $160.00
ESFR Fire Sprinkler System with In-Rack Sprinklers $520.00
Each additional System $160.00
Underground Piping with up to 4 Hydrants/Risers $280.00
Underground Piping with 5 or more Hydrants/Risers $360.00
Fire Pump (first pump) $440.00
Each Additional pump $160.00
TI Sprinkler System
NFPA 13 or 13R System 6 heads or less $ 40.00
NFPA 13 or 13R System 7 - 100 heads $200.00
NFPA 13 or 13R System > 100 heads $240.00
Other Extinguishing Systems
Pre-Action System with Alarm $280.00
Special Extinguishing System $360.00
Hood & Duct Extinguishing System $160.00
Each additional System $ 80.00
Attachment B
Special Equipment
Ovens, Dust, Battery, Etc. $200.00
Refrigeration Systems < 500 lbs $480.00
Refrigeration Systems > 500 lbs $800.00
Spray Booths $200.00
Gas Systems (Med Gas, Industrial Gas, LPG) $200.00
Alarm Systems
New Alarm System $520.00
TI Fire Alarm System $280.00
Sprinkler Monitoring $160.00
ARCHITECTURAL
A-1 Occupancies – New $840.00
A-1 Occupancies – TI $630.00
A-2 & A-3 Occupancies – New $560.00
A-2 & A-3 Occupancies – TI $420.00
$840.00
$630.00
$840.00
$630.00
$320.00
$560.00
$420.00
$560.00
$420.00
$560.00
$420.00
$320.00
$240.00
A-4 & A-5 Occupancies – New
A-4 & A-5 Occupancies – TI
E Occupancies New
E Occupancies TI
E Occupancies (Daycare only)
H Occupancies (not including Chem Class) New
H Occupancies (not including Chem Class) TI
F Occupancies New
F Occupancies TI
I Occupancies New
I Occupancies TI
L Occupancies New
L Occupancies TI
R-1 & R-2 Occupancies <50 units New $840.00
R-1 & R-2 Occupancies ≥50 units New $1050.00
R-3 Townhomes New $560.00
R Occupancies All TI's $420.00
S Occupancies < 50,000sq. ft. New $320.00
S Occupancies < 50,000sq. ft. TI $240.00
S Occupancies ≥ 50,000sq. ft. New $560.00
S Occupancies ≥ 50,000sq. ft. TI $420.00
High Rise Structure greater than 55 feet (per floor) $160.00
OTHER REVIEW TYPES
Vegetation Fuel Modification - Custom Home $240.00
Vegetation Fuel Modification - Tract <75 Homes $480.00
Vegetation Fuel Modification - Tract ≥75 Homes $720.00
Chem Class <10 Chemicals $240.00
Chem Class 10- 25 Chemicals $480.00
Chem Class 26 - 100 Chemicals $720.00
Chem Class >100 Chemicals $960.00
High Piled Storage $360.00
Underground Storage Tanks (First tank) $320.00
Each Additional Tank $ 80.00
Aboveground Storage Tanks (First tank) $320.00
Each Additional Tank $ 80.00
Smoke Control - Rationale Analysis & Plan Review $960.00
3rd & Subsequent Reviews (per hour) $160.00
Hourly Rate Only (Charged at Fire Marshal Discretion) $160.00