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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