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Home My WebLink About2003-01-21; City Council; 17044; Amendment No. 6 for Planchecking ServicesCITY OF CARLSBAD - AGENDA BILL TITLE: APPROVING AMENDMENT NO. 6 DEPTL. TO AGREEMENT FOR PLANCHECKING SERVICES WITH PBS&J, INC CITY *TTY@ CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2003-017 approving Amendment No. 6 to Agreement for planchecking services with PBS&J, Inc. ITEM EXPLANATION: On July 22, 1999, City Council approved a one-year Agreement with PBS&J, Inc. 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 $300,000 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 PBS&J, Inc. 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 $200,000 to $300,000. The Engineering Operating Budget includes sufficient funding to cover this amendment. No additional appropriations are required. EXHIBITS: 1. Resolution No. 2003-017 approving Amendment No. 6 to Agreement for planchecking services with PBS&J, Inc. 2. Amendment No. 6 to Agreement for planchecking services with PBS&J, Inc. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 i t - I: C P RESOLUTION NO. 2003-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO AN AGREEMENT FOR PLAN CHECKING SERVICES WITH PBS&J. INC. WHEREAS, the City Council of the City of Carlsbad has reviewed the need for the utilization of contract services on an ongoing, as-needed basis in order to maintain service levels; and WHEREAS, the City Council has determined that PBS&J, Inc. has performed in a satisfactory manner; and WHEREAS, the City Council recognizes the need for an increase in the amount of the Agreement due to-an anticipated increase in the volume of work performed by PBS&J, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 6 to the Agreement with PBS&J, Inc., a copy of which is attached as Exhibit 2 and made a part hereof, is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 21st day of January , 2003,by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. iTTEST m- m27d . WOOD, City Clerk (SEAL) AMENDMENT NO. 6 TO AGREEMENT FOR PLAN CHECKING SERVICES (PBS&J INC.) n CP This Amendment No. 6 is entered into and effective as of the&&? day of tWZ.4, 2083 amending the agreement dated June 22, 1999 (the “Agreement”) 6$ and between the City of Carlsbad, a municipal corporation, (“City”), and PBS&J, Inc., (“Contractor”) (collectively, the “Parties”). RECITALS A. On July 11 , 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 for additional plan check services in the amount of $19,828.93; and C. On November 6, 2000, the Parties executed Amendment No. 3 to the Agreement to extend the term of the Agreement for nine (9) days ending on June 30, 2001; and D. On June 13, 2001, the Parties executed Amendment No. 4 to the Agreement to extend the term of the Agreement for one (1) year ending on June 30,2002; and E. On June 14, 2002, the Parties executed Amendment No. 5 to the Agreement to extend the term of the Agreement for one (1) year ending on June 30,2003; and F. The Parties desire to alter the Agreement’s fees to be paid to the Contractor increasing the not-to-exceed amount from 200,000 to 300,000; 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 three hundred thousand dollars ($300,000) 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, shall remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 5. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR PBS&J, INC. 3Lk\ Qmhu 1 \a? (print name/titlej ' ATTEST: *. 2 (print namehitle) 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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney // Deputy City Attorney City Attorney Approved Version #05.22.01 2 U CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On &. A h 0% , before me, personally appeared Name(s) of Bgner(s) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: 0 1999 National Nolaw Associatlm - 9350 De Soto Aye.. P.O. Box 2402 - Chatsworth. CA 913192402 * wwrv.natiOnalnota~.org Prod. Na. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 Individual 0 Corporate Officer - Title(s): Partner - Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: 0 1999 National Notary Association * 9350 De Sob A*.. P.O. Box 2402 0 Chatworth. CA 91 313-2402 - www nalionalnolaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827