HomeMy WebLinkAbout2014-09-09; City Council; 21730; Approving Amendment 5 Agreement with Michael Elliott Landscape Architect MELA to Increase Not-To-Exceed AmounCITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
21,730
09/09/14
CED
ADOPTION OF A RESOLUTION APPROVING
AMENDMENT NO. 5 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MICHAEL ELLIOTT
LANDSCAPE ARCHITECT (MELA) FOR PLAN REVIEW
SERVICES TO INCREASE THE NOT-TO-EXCEED
AMOUNT FROM $95,000 TO $150,000
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 201tt-221 approving Amendment No. 5 to the professional services agreement
with Michael Elliott Landscape Architect (MELA) for plan review services to increase the not-to-exceed
amount from $95,000 to $150,000.
ITEM EXPLANATION:
On February 11, 2010, the city entered into a professional services agreement with MELA, for landscape
and irrigation plan review services. The initial agreement with MELA allows for $95,000 per year to spend
on consulting services.
The increase in the volume of current development projects in Carlsbad has resulted in a corresponding
increase in the need for landscape and irrigation plan review services. The Planning Division anticipates
needing the services of MELA in an amount that exceeds the agreement annual limit of $95,000. Given
this increase in development activity, staff recommends amending the compensation clause of the
agreement to increase the not-to-exceed amount to one hundred and fifty thousand dollars ($150,000)
per agreement year.
MELA has provided the City of Carlsbad excellent service by providing thorough and timely turnaround
times for conceptual plans, landscape and irrigation plan reviews, in addition to expeditious final
inspections for building permits.
FISCAL IMPAa:
The services provided by MELA are paid through the fee revenues received and are, therefore, completely
covered by annual fee revenues for landscape plan reviews. The Planning Division has sufficient funds in
its current Fiscal Year budget to fund the proposed amendment to the agreement. For FY 2013-14, the
revenue for landscape and inspection plan review was $110,197 and is anticipated to increase during FY
2014-15.
DEPARTMENT CONTACT: Michele Masterson 760-602-4615 michele.masterson@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO 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WITHDRAWN • OTHER-SEE MINUTES •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. 2014-221
2. Amendment to the MELA contract
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EXHIBIT 1
^ RESOLUTION NO. ^Q^'*"^^^
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL ELLIOTT
4 LANDSCAPE ARCHITECT (MELA) FOR PLAN REVIEW SERVICES TO
INCREASE THE NOT-TO-EXCEED AMOUNT FROM $95,000 TO
$150.000
WHEREAS, the City of Carlsbad (the "City") currently has a Professional Services
Agreement ("Agreement") (dated February 11,2010) with MELA for landscape and irrigation plan
review services; and
WHEREAS, the City Council has determined that MELA has performed in a
11 satisfactory manner; and
12 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 MELA because of
increased development activity and a desire to maintain a high level of quality service to the
community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows that:
19 1. The above recitations are true and correct.
20 2. The Professional Services Agreement with MELA for landscape and
inspection plan review services is amended to increase the not-to-exceed amount to one
hundred and fifty thousand dollars ($150,000) per agreement year.
3. That other provisions of the current Agreement remain in full force and
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effect.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9th day of September 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON rsti^ lerk
AMENDIVIENT NO. 5 TO AMEND THE AGREEMENT FOR
LANDSCAPE PLANCHECK & INSPECTION SERVICES
MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT)
/iThis Amendment No. 5 is entered into and effective as of the v day of
\/jjL^'An) LL^ , 2014, extending the agreement dated February 11, 2010 (the
"AgyiTOnrient") by and between the City of Carisbad, a municipal corporation, ("City"), and MELA
(Michael Elliott Landscape Architect), ("Contractor") (collectively, the "Parties") for landscape
review, inspection, and miscellaneous Planning inspection services for current planning.
RECITALS
A. On February 11, 2010, the Parties executed an Agreement for landscape plan
review and inspection services; and
B. On February 8, 2011, the Parties executed Amendment No. 1 to extend and fund
the Agreement for a period of one (1) year; and
C. On January 27, 2012, the Parties executed Amendment No. 2 to extend and fund
the Agreement for a period of one (1) year; and
D. On February 12, 2013, the Parties executed Amendment No. 3 to extend and fund
the Agreement for a period of one (1) year; and
E. On January 27, 2014, the Parties executed Amendment No. 4 to extend and fund
the agreement for a period of one (1) year; and
F. The Parties desire to amend the Agreement's scope of work to increase the
maximum yeariy amount by $55,000 for landscape review and inspection services, for a total
yeariy agreement amount not to exceed $150,000; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as my have been
amended from time to time. Contractor will provide those services described in Exhibit "A", Scope
of Services and Fee.
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and material basis not-to-exceed One Hundred and Fifty Thousand dollars
($150,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, houriy rates, and related activities and costs for approval by
City.
3. 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.
4. The individuals executing this Amendment and the instruments referenced on
City Attorney Approved Version 1/30/13
S
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
MELA (Michael Elliott Landscape
Architect)
(sign here)
Michael G. Elliott, Sole Proprietor
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Mayor
(print name/title)
ATTEST:
By:
(sign here)
X\-^i
BARBARA ENGLESo"^
City Clerk
(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, CityAttorney
City Attorney Approved Version 1/30/13