HomeMy WebLinkAbout2003-01-21; City Council; 17043; Amendment No. 6 for Planchecking ServicesCITY OF CARLSBAD - AGENDA BILL
\B# 17,043
ITG. 1 /21/03
TITLE: APPROVING AMENDMENT NO. 6
IEPT. ENG
CITY ATTY. dZi2 BERRYMAN & HENIGAR
- TO AGREEMENT FOR PLANCHECKING SERVICES WITH
RECOMMENDED ACTION:
Adopt Resolution No. 2003-016 approving Amendment No. 6 to Agreement for
planchecking services with Berryman & Henigar.
ITEM EXPLANATION:
On June 22, 1999, City Council approved a one-year Agreement with Berryman & Henigar to
provide planchecking services on an as-needed basis. The Agreement authorizes three consecutive
one-year extensions based on the City’s needs. This Agreement will expire on June 30, 2003.
This amendment will alter the Agreement’s scope of work to increase the amount not-to-exceed in
paragraph 4 of the Agreement to $400,000 per fiscal year. No additional funding is being requested.
The increase in the amount of the Agreement will give staff flexibility to distribute funds budgeted
between four current contract plancheckers in order to accommodate work levels more effectively.
To provide more flexibility in assigning plancheck work, staff is recommending that the City Council
approve Amendment No. 6 to the existing Agreement with Berryman & Henigar.
FISCAL IMPACT:
A large increase in the amount of land development activity in the City has resulted in the need for
additional consultant plancheck services. Through the first half of this fiscal year, the City has
collected in excess of $800,000 in plancheck fees. That number is projected to increase to well over
$1 million by the end of the fiscal year.
This amendment will increase the annual contract amount from $250,000 to $400,000.
The Engineering Operating Budget includes sufficient funding to cover this amendment.
No additional appropriations are required.
EXHIBITS:
1. Resolution No. 2003-016 approving Amendment No. 6 to Agreement for
planchecking services with Berryman & Henigar.
2. Amendment No. 6 to Agreement for planchecking services with Berryman & Henigar.
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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
held on the 21st day of January , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
I I ATTEST I
(SEAL)
? c
AMENDMENT NO. 6 TO
AGREEMENT FOR PLAN CHECKING SERVICES
(BERRYMAN & HENIGAR) I
fa;FaA;ydmynto3 & day of 6 is entered into and effective as of the , amending the agreement dated June 22, 1999
H
(“Agreement”) and between 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
6. 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
**By:
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group 6.
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 off icer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
eputy City Attorney
City Attorney Approved Version #05.22.01
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
flIikxdh /wmn?4&, hJu-tnvlA pub& Name and Tie of Officer (e.g.. "Jane Dl, Notary Public3
personally appeared kith &IlLllm and Name@) &ks of Signer(s) F. I/kCl\or
$personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose nameQ Ware
subscribed to the within instrument and
acknowledged to me that Wthey executed
the same in kisCkeEltheir authorized
capacity- and that by h)sSfser/their
signatureoon 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, if 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 Corporate Officer - Tile(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Guardian or Conservator
Signer Is Representing:
@ 1999 Natlonal Notary AssodaIran - 9350 De Solo Ave.. P.0 Box 2402 * Chatswcflh CA 91313-2402 - w.na(ionahotary.org Prod. No. 5907 Reorder: Call Ton-Free 1-800-878-6827