HomeMy WebLinkAbout2014-01-28; City Council; 21485; Amending Agreement Atkins North America Inc Planchecking ServicesCITY OF CARLSBAD - AGENDA BILL
AB#
IVITG.
DEPT.
21,485
1/28/14
CED
AlVIENDING AND EXTENDING THE AGREEMENT
WITH ATKINS NORTH AMERICA, INC. FOR
PLANCHECKING SERVICES
DEPT. DIREaOR
CITY ATTORNEY
CITY MANAGER 1^
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2014-012 APPROVING an amendment and extension to
the City's agreement with Atkins North America, Inc., for engineering plan check services.
ITEM EXPLANATION:
On June 20, 2011 the City entered into a professional services agreement with Atkins North America,
Inc., for engineering plan check services. The initial term of the agreement is three years and the
compensation stated within the agreement is not to exceed ninety thousand dollars ($90,000) per
agreement year, with a total compensation not to exceed two hundred seventy thousand dollars
($270,000).
Development activity has increased in Community and Economic Development, and the Land
Development Engineering Division has the need to utilize these outside plan check services. Land
development engineering anticipates needing the services of Atkins in an amount that exceeds the
agreement annual limit of $90,000. To date, collected revenue from engineering plan check fees is 37
percent above the anticipated revenue for entire fiscal year, supporting the need for the division to
utilize the services provided by Atkins and establishing sufficient funds to fulfill the needs of the
proposed amendment.
Given this increase in development activity, staff recommends amending the compensation clause of
the initial three-year agreement to increase the not-to-exceed amount to two hundred thousand dollars
($200,000) per agreement year. Since the initial three-year term is set to expire on June 20, 2014, staff
also recommends extending the Atkins North America, Inc. contract at this time for one additional year
in a not-to-exceed amount of two hundred thousand dollars ($200,000). Land development engineering
expects increased development activity through FY 2014-15.
FISCAL IMPACT:
The Land Development Engineering Division has $200,000 in its current Fiscal Year budget to fund the
proposed amendment to the agreement. Fees are collected from permit applicants for engineering plan
check services. For FY 2013-14, the budgeted revenue for improvement and grading plan checks was
$346,000. Due to increased development, actual revenue to date is $475,257.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 glen.vanpeski(S)carisbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not
require environmental review.
EXHIBITS;
1. City Council Resolution No. 2014-012
2. Amendment to the Atkins North America, Inc. contract.
7
EXHIBIT 1
^ RESOLUTION NO. 2014-012
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING AN AMENDMENT AND EXTENSION OF
THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
4 CARLSBAD AND ATKINS NORTH AMERICA, INC. FOR
PLANCHECKING SERVICES.
5
g WHEREAS, the City of Carlsbad (the "City") currently has a Professional Services
7 Agreement ("Agreement") (dated June 20, 2011) with Atkins North America, Inc. for
8 planchecking services; and
WHEREAS, the City Council has determined that Atkins North America, Inc. has
performed in a satisfactory manner; and
WHEREAS, the City Council recognizes the need for an increase in the annual
limit of the Agreement due to an increase in the volume of work performed by Atkins North
9
10
11
12
13
^4 America, Inc. because of increased development activity and a desire to maintain a high level of
15 quality service to the community.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
1. The above recitations are true and correct.
2. The Professional Services Agreement with Atkins North America, Inc. for
planchecking services is amended to increase the not-to-exceed amount to two hundred
17
18
19
20
21
22 thousand dollars ($200,000) per agreement year.
23 3. The Professional Services Agreement with Atkins North America, Inc. for
24 planchecking services (dated June 20, 2011) is hereby extended by one (1) year to June 20,
2015 in an amount not-to-exceed two hundred thousand dollars ($200,000).
4. That other provisions of the current Agreement remain in full force and
effect.
25
26
27
28
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28*^ day of January, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MAT^ HALL, Mayor
ATTEST:
B/\^ft/J^/V ENGLESON; City Clerk
20: r: o =
AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR
PLANCHECKING SERVICES
ATKINS NORTH AMERICA, INC.
This Amendment No.1 is entered into and effective as of the cZS day of
C^\^^A^^y<>c^^'**'^ 2014, extending and amending the agreement dated June
20, 2011^the Agreement:') by and between the City of Carisbad, a municipal corporation,
("City"), and Atkins North America, Inc., ("Contractor") (collectively the "Parties") for engineering
plan check services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the amount
not-to-exceed in paragraph 5 to two hundred thousand dollars ($200,000) per
agreement year; and
B. The Parties desire to extend and fund the Agreement for a period of one (1) year;
and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement is amended to increase the amount not-to-exceed in
paragraph 5 to $200,000 per agreement year; and
2. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one (1) year ending on June 20, 2015 on a time and materials basis
not-to-exceed two hundred thousand dollars ($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 the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
///
///
///
///
///
///
City Attorney Approved Version 1/30/13 6
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
ATKINS NORTH AMERICA, INC.
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
David J. Carter, Senior Vice President
(print name/titie)/J^\w
/^••^ ATTEST:
1^/ SEAL V^l
1960
(sign here) X^''^^^*^''' BARBARA ENGLES
Rene de los Rios, Assistant Secretary ^*9nnnK0^^^^^ City Clerk
By
(print name/title)
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:
CELIA A. BREWER, City Attorney
BY:_
Afe^tant City Attorney
City Attorney Approved Version 1/30/13 (Z3
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF ML\MI-DADE}
PERSONALLY APPEARED before me, the undersigned authority,
David J. Carter and Rene de los Rios , well known to me or who has produced
as identification and known
by me to be the Senior Vice President and Assistant Secretary of the
corporation named above, and acknowledged before me that they executed the foregoing instrument
on behalf of said corporation as its tme act and deed, and that they were duly authorized to do so.
WITNESS my hand and official seal this 20th day of January, 2014.
DEBORAH LYNN SHIMEL
MY COMMISSION #FF 036524
EXPIRES: November 13.2017
BonM Thiu Notary Public Undewffiteri^
NOTARY PUBUG^
Print Name: DEBORAH LYNN SHIMEL
My Commission Expires: Nov. 13,2017
1