HomeMy WebLinkAbout2004-01-13; City Council; 17449; Amendment to Engineering Planchecking ServicesI
4B# 17,449
MTG. 1/13/04
>EPT. ENG
TITLE: APPROVING AMENDMENT NO. 1
GP TO THE AGREEMENTS FOR
WITH HELMING ENGINEERING, GVP CONSULTANTS,
AND BERRYMAN AND HENIGAR
ENGINEERING PLANCHECKING SERVICES CITY ATTY.
CITY MGR. %
RECOMMENDED ACTION:
Adopt Resolution No. 2004--002 approving Amendment No. 1 to the agreements for
engineering planchecking services with Helming Engineering, GVP Consultants, and Berryman &
Henigar.
ITEM EXPLANATION:
On June 3, 2003 City Council approved four agreements for engineering planchecking services with
Helming Engineering, GVP Consultants, Berryman & Henigar, and Post Buckley Schuh & Jernigan
(PBS&J). As a result of plancheck assignments between consultants, staff seeks to modify the
agreements with three of the four consultants that include: 1) Helming Engineering, 2) GVP
Consultants, and 3) Berryman & Henigar. The contractual limit for PBS&J is $350,000 and will
remain the same. Per the approved agreements, the existing not-to-exceed amounts for the three
consultants were approved as:
1. Helming Engineering $200,000
2. GVP Consultants $250,000
3. Berryman and Henigar, Inc. $350,000
The contractual not-to-exceed amount between these three consultants total $800,000. Staff seeks
to amend the individual contractual amounts to reflect the distribution of plancheck assignments
among the consultants. The proposed not-to-exceed amounts are:
1. Helming Engineering $325,000
2. GVP Consultants $375,000
$1 00,000 3. Berryman and Henigar, Inc.
With these amendments, the contractual not-to-exceed amount still totals $800,000. The
amendments do not increase or decrease the overall contractual amount, but simply shifts individual
amounts between them. Staff is recommending City Council approve these contract amendments.
FISCAL IMPACT:
This action does not modify the total contractual ability of $800,000 between Helming Engineering,
GVP Consultants, and Berryman & Henigar, thus there is no fiscal impact as a result of these
contract amendments.
I
Page 2 of Agenda Bill No. 17 I 449
EXHIBITS:
1. Resolution No. 2004--002 approving Amendment No. 1 to the Agreements for
Engineering Planchecking Services with Helming Engineering, GVP Consultants, and
Berryman & Henigar.
2. Amendment No. 1 to Agreement for Engineering Planchecking Services with Helming
Engineering.
3. Amendment No. 1 to Agreement for Engineering Planchecking Services with GVP
Consultants.
4. Amendment No. 1 to Agreement for Engineering Planchecking Services with Berryman and
Henigar.
DEPARTMENT CONTACT: Robert Wojcik, 760-602-2733, bwojc@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
THE AGREEMENTS FOR PLAN CHECKING SERVICES WITH
HELMING ENGINEERING, GVP CONSULTANTS, AND
BERRYMAN AND HENIGAR.
WHEREAS, on June 3, 2003 the City Council approved three agreements for engineering
Aanchecking services with Helming Engineering, GVP Consultants, and Berryman and Henigar
:otaling $800,000 in contractual ability.
WHEREAS, the City Council has reviewed the amendments to: 1) increase the not-to
zxceed amount for Helming Engineering to $325,000, 2) increase the not-to-exceed amount for
3VP Consultants to $375,000, and 3) decrease the not-to-exceed amount of Berryman and
ienigar to $1 00,000.
WHEREAS, the City Council has determined the proposed modifications in the not-to-
?xceed amount do not change the overall contract ability of $800,000 between Helming
Engineering, GVP Consultants, and Berryman and Henigar, but are meant to shift the individual
:ontract amount between the consultants to control work assignments to them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
1.
2.
That the above recitations are true and correct.
That Amendment No. 1 to the Agreement for Engineering Plan Checking Services
vith Helming Engineering, a copy of which is attached as Exhibit 2 and made a part hereof, is
iereby approved.
3. That Amendment No. 1 to the Agreement for Engineering Plan Checking Services
vith GVP Consultants, a copy of which is attached as Exhibit 3 and made a part hereof, is hereby
rpproved.
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4. That Amendment No. 1 to the Agreement for Engineering Plan Checking Services
with Berryman 8, Henigar, a copy of which is attached as Exhibit 4 and made a part hereof, is
hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 13th day of January , 2004 by the following vote, to wit:
AYES: Council Members Lewis I Finnila I Kulchin I Hall and Packard
CLAUDE A. b?!V#fs!Md#or" v v
ATTEST
Page 2 of 2 of Resolution No. 2004-002
(SEAL)
PWENG371
AMENDMENT NO. I TO AGREEMENT FOR
ENGINEERING PLAN CHECKING SERVICES
(HELMING ENGINEERING, INC.)
4-h This Amendment No. 1 is entered into and effective as of the 15 day of
cs4*uqcL15c1\ , 200cf, amending the agreement dated June 24, 2003
(the “Agreement? by and between the City of Carlsbad, a municipal corporation,
(“City”), and HELMING ENGINEERING, INC., a California corporation, (“Contractor”)
(collectively, the “Parties”) for Engineering Plan Checking Services.
RECITALS
A. 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 $325,000 for the
remainder of the current Agreement year ending on June 23,2004; and
B. The Parties acknowledge at the end of the current Agreement year ending
on June 23, 2004, the Agreement‘s fee shall revert to the original not-to-exceed amount
of $200,000.
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 that meets the criteria outlined
in the Agreement, at the City’s sole discretion, up to, but not-to-exceed three hundred
twenty-five thousand dollars ($325,000) for the remainder of the current Agreement
year ending on June 23, 2004. Contractor will provide City, on a monthly basis, copies
of invoices sufficiently detailed to include work performed and related activities and
costs for approval by City. .
2. At the end of the current Agreement year ending June 23, 2004,
the Agreement’s fee shall revert to the original not-to-exceed amount of $200,000.
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.
City Attorney Approved Version #05.22.01
1
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
HELMING ENGINEERING, INC.,
a California corporation
here) a/&
&1(7!L. &/L9 / P/P&~J ATTEST:
(-6 "(print narneltitle) J '
**By: JL.
(sign here)
(p ri n t n a melt it le)
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 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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney ByH
City Attorney Approved Version #05.22.01
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
personally known to me
moved to me on the basis of satisfactory
evidence
to be the personw whose name@ is/-
subscribed to the within instrument and
acknowledged to me that helsbdt-xecuted
the same in his/@/ttpu- authorized
capacity(wf and that by hislhorltherr
signaturewn the instrument the person(+or
the entity upon behalf of which the person(@-
acted, executed the instrument
Though the rnformatron below IS not requrred by law, rt may prove valuable to persons relymg on the document and could prevent
fraudulent removal and reattachment of thrs form to another document
Description of Attached Document
Title or Type of Document &- 8/ Ha- / 6 e -pc
Document Date / Number of Pages. gr
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
/
0 Guardian or Conservator
Signer Is Representing
~, ??-- ------>--+-I__-_ _- - - __ - ->--
0 1999 National Nolary Association * 9350 De Sot0 Ave , PO. Box 2402 Chatworth, CA 91313-2402 * www nalionalnolaly org Prod No 5907 Reorder- Call Toll-Free 1-8M-876-6827
RESOLUTION OF BOARD OF DIRECTORS
OF
HELMING ENGINEERING, INC.
RESOLVED, that Douglas L. Helmin& President of this Corporation be and hereby is
authorized and empowered to enter into Contracts and Agreements in the name and in behalf of
this Corporation.
I, Nancy A. Helmin& do hereby Certitj. that I am the duly elected and qualified Secretary
and the keeper of the records and the corporate d of Helming Engindg, Inc., a corporation
organized and existing under the taws of the State of California, and that the above is a true and
correct copy of a resolution duly adopted at a meeting of the Board of Directors thereoc
convened and held in accordance with the law and the Bylaws of said Corporation on September
19,1989, and that such resolution is now in fidl force and effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and cawed the corporate
seal of said corporation to be &xed, this 27th day of May 2003.
PWENG370
AMENDMENT NO. 1 TO AGREEMENT FOR
ENGINEERING PLAN CHECKING SERVICES
(GVP CONSULTANTS)
This Amendment No. 1 is entered into and effective as of the 1 5% day of
SCL--%+y , 200%, amending the agreement dated June 10, 2003
(the "Agreeme3t") by and between the City of Carlsbad, a municipal corporation,
("City"), and GVP CONSULTANTS, a sole proprietor, ("Contractor") (collectively,
the "Parties") for Engineering Plan Checking Services.
RECITALS
A. 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 $375,000 for the
remainder of the current Agreement year ending on June 9, 2004; and
B. The Parties acknowledge at the end of the current Agreement year ending
on June 9, 2004, the Agreement's fee shall revert to the original not-to-exceed amount
of $2 50 , 000.
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 that meets the criteria outlined
in the Agreement, at the City's sole discretion, up to, but not-to-exceed three hundred
seventy-five thousand dollars ($375,000) for 'the remainder of the' current Agreement
year ending on June 9, 2004. Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include work performed and related activities and costs
for approval by City.
2. At the end of the current Agreement year ending June 9, 2004,
the Agreement's fee shall revert to the original not-to-exceed amount of $250,000.
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.
City Attorney Approved Version #05.22.01
1
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
GVP CONSULTANTS,
a sole proprietor
Yd
9& /t g&5l &&. (sign here)
(print nameltitle)
**By:
(sign here)
(print nameltitle)
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 B.
Secretary,
Assis tan t 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
City Attorney Approved Version #05.22.01
2
State of California ) 1 County of San Diego )
On, December 8, 2003, before me, Belinda R. Guzman, Notary Public, personally
appeared Glen K. Van Peski, personally known me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
L/ Signature of Notary
BELINOA R. GUZMAN COmmission Y 1297549
(This area for
official notary seal)
Title or Type of Document Amendment No. 1 to Amend Agreement for Engineering Plan
Checking Services (GVP Consultants)
Date of Document 12/08/03 No. of Pages 2
Signer(s) other than named above none
AMENDMENT NO. 1 TO AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(BERRYMAN AND HENIGAR, INC.)
This Amendment No. 1 is entered into and effective as of the 1 5* day of 5 A*&-% , 200%, amending the agreement dated June 27, 2003 (the “Agreement”) by
and between the City of Carlsbad, a municipal corporation, (“City”), and BERRYMAN AND
HENIGAR, INC., a California corporation, (“Contractor“) (collectively, the “Parties”) for
Engineering Planchecking Services.
RECITALS
A. The City has expressed its dissatisfaction with the Contractor’s work product both
formally and informally with the Contractor; and
B. The Parties desire to decrease the fees to be paid to the Contractor from the not-
to-exceed amount of $350,000 to $100,000 for the remainder of the current Agreement year
ending on June 26,2004, and;
C. Contingent upon the Contractor consistently producing a work-product acceptable to the City for the remainder of the current Agreement year, consistent with the terms of the
Agreement, the Parties agree to re-evaluate the decreased not-to-exceed Contractor fees for the
following optional Agreement year.
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 that meets the criteria outlined in the
Agreement, in the City’s sole discretion, up to, but not-to-exceed one hundred thousand dollars
($100,000) for the remainder of the current Agreement year. Contingent upon the Contractor
consistently producing a work-product acceptable to the City for the remainder of the current
Agreement year, (ending on June 26, 2004), consistent with the terms of the Agreement, the
Parties agree to re-evaluate the decreased not-to-exceed Contractor fees for the following
optional Agreement year. Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include work performed and related activities and costs for approval by
City.
2. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
3. 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.
4. 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.
1 City Attorney Approved Version #05.22.01
BERRYMAN AND HENIGAR, INC.,
a California corporation
ATTEST: (print nameltitle)
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 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
County of San Diego
On December 4.2003, before me, Elizabeth M. Widmann, Not? Public, personally appeared Keith.
Gillfillan and Jules F. Miller, personally known to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of whch the persons acted,
executed the instrument.
Place Notary Seal Above
2 City Attorney Approved Version #05.22.01