HomeMy WebLinkAbout2003-01-21; City Council; Resolution 2003-0161
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2003-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO
AN AGREEMENT FOR PLAN CHECKING SERVICES WITH
BERRYMAN & HENIGAR.
WHEREAS, the City Council of the City of Carlsbad has reviewed the need for
the utilization of contract services on an ongoing, as-needed basis in order to maintain service
levels; and
WHEREAS, the City Council has determined that Berryman & Henigar has performed in a
satisfactory manner; and
WHEREAS, the City Council recognizes the need for an increase in the amount of the
Agreement due to an anticipated increase in the volume of work performed by Berryman &
Henigar.
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 Amendment No. 6 to the Agreement with Berryman & Henigar, a copy of
which is attached as Exhibit 2 and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 21st day of January , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
1TTEST /
-6FWAf6JE M. YOD, City Clerk (SEAL)
AMENDMENT NO. 6 TO
AGREEMENT FOR PLAN CHECKING SERVICES
(BERRYMAN & HENIGAR)
&? day of 6 is entered into and effective as of the J
, amending the agreement dated June 22, 1999
the City of Carlsbad, a municipal corporation, (“City”),
and Berryman & Henigar, (“Contractor”) (collectively, the “Parties”) for additional
planchecking services.
RECITALS
A. On July 27, 2000, the Parties executed Amendment No. 1 to the Agreement to
extend the term of the Agreement for one (1) year ending on June 21,2001; and
B. On November 6, 2000, the Parties executed Amendment No. 2 to the
Agreement to extend the term of the Agreement for nine (9) days ending on June 30,
2001; and
C. On June 13, 2001, the Parties executed Amendment No. 3 to the Agreement
to extend the term of the Agreement for one (1) year ending on June 30, 2002; and
D. On June 11, 2002, the Parties executed Amendment No. 4 to the Agreement
to extend the term of the Agreement for one (1) year ending on June 30,2003; and
E. On July 22, 2002, the Parties executed Amendment No. 5 to the Agreement to
alter the Agreement’s fees to be paid to the Contractor increasing the not-to-exceed
amount from $200,000 to $250,000; and
F. The Parties desire to alter the Agreement’s fees to be paid to the Contractor
increasing the not-to-exceed amount from 250,000 to 400,000; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work associated with those services described
in the original Agreement on a time and materials basis not-to-exceed four hundred
thousand dollars ($400,000) per year. Contractor will provide City, on a monthly basis,
copies of invoices sufficiently detailed to include completed plan checks, fee basis,
hours performed, hourly rates, and related activities and costs for review and approval
by the City.
2. All work performed under this Agreement shall be completed by June 30,
2003.
City Attorney Approved Version #05.22.01
1
3. All other provisions of the Agreement, as may have been amended from time
to time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for
this Amendment.
5. The individuals executing this Amendment and the instruments referenced in
it on behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions of this
Amendment.
CONTRACTOR
BERRYMAN & HENIGAR
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
CorDoration, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. Chairman,
President, or Vice-president
**Group B.
Secretary, Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
/peputy City Attorney u City Attorney Approved Version #05.22.01
2
.. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
b. I 8 ! 9m% , before me, fi1ukk Name and Tdle L!cci>vm&l of Omcer (e.g.. "Jane Dde. h1Ir;tWIA Notary Public" Fibelk
personally appeared Keith &\If, 1 Ion and 3iule~ F. W~Y- Name@) of Signer($
$personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name@ idare
subscribed to the within instrument and
acknowledged to me that Wthey executed
the same in hk,4w/their authorized
capacity@ and that by I.risfher/their
signatureBon the instrument the person@, or
the entity upon behalf of which the person@
acted, executed the instrument.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
Corporate Officer - Title(s):
Partner - 0 Limited 0 General
U Attorney in Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 National Notary Assoclatlon * 9350 De Solo Ave.. P.O. Box 2402 - Chaiswollh. CA 91313-2402 W.na(iWnalndsry.Org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827