HomeMy WebLinkAbout2024-03-12; City Council; Resolution 2024-043RESOLUTION NO. 2024-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC. TO INCREASE
THE TOTAL NOT-TO-EXCEED COMPENSATION AMOUNT TO $140,000 IN
YEARS ONE AND TWO OF THE CONTRACT TO PROVIDE CONTINUED
TEMPORARY STAFFING AND BUILDING AND SAFETY SERVICES
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary,
desirable and in the public interest to acquire temporary staffing and building and safety services to
maintain targeted customer service levels; and
WHEREAS, on April 17, 2023, the city awarded a three-year contract to Willdan Engineering Ine.
to provide professional temporary staffing services in the Building Division; and
WHEREAS, on May 25, 2023, under the authority of Carlsbad Municipal Code Section
3.28.060(D)(4), the City Manager amended the agreement (Amendment No. 1) and increased the total
maximum not-to-exceed compensation amount by $60,000, from $40,000 to $100,000, in year one of
the contract; and
WHEREAS, funds are not encumbered until services are provided under the agreement; and
WHEREAS, the maximum compensation amount for each year of the contract was based on
workload forecasts and demand for temporary staffing services. The contract has been prematurely
exhausted and will need to be increased to support the Building Division's needs through the end of
the contract period; and
WHEREAS, staff recommend the City Council approve Amendment No. 2 to the Professional
Services Agreement with Willdan Engineering Ine. (Attachment A) to increase the total payable fee in
years one and two of the contra et.
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 the City Manager is authorized to execute Amendment No. 2 to the Professional
Services Agreement (Attachment A) with Willdan Engineering Ine. which increases the
total maximum not-to-exceed annual compensation amount to $140,000 in years one
and two of the agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 12th day of March, 2024, by the foliowing vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
-PrSHERRY FREISINGER, City Clerk
(SEAL)
0A
DocuSign Envelope ID: 72F9E325-DE4E-4429-A755-DCADC7310661
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WILLDAN ENGINEERING, INC.
This Amendment No. 2 is entered into and effective as of the \1� day of M4�� 2024,
amending the agreement dated April 17, 2023 (the "Agreement") by and between the City of Carlsbad, California, a municipal corporation ("City"), and Willdan Engineering, Ine., a Corporation
("Contractor") (collectively, the "Parties").
RECITALS
A.On April 17, 2023, the Parties entered into the Agreement for the Contractor to providedtemporary staffing services; and
8.On May 25, 2023, the Parties executed Amendment No. 1 to the Agreement to increasethe not-to-exceed amount to $100,000, in year 1 of the Agreement ("Amendment No. 1 ");
and
C.The Parties now desire to increase the not-to-exceed amount to $140,000 per year in Year
1 and Year 2 of the Agreement; and
D.The Parties have negotiated and agreed to an amended compensation amount.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1.Compensation. The total fee payable for the Services to be performed duringYear 1 and Year 2 of the Agreement will be an amount not to exceed one hundred and forty thousand dollars ($140,000) per Agreement year. The total fee payable for Services to be
performed du ring Year 3 of the Agreement will be an amount not to exceed forty thousand
dollars ($40,000) per Agreement year. No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services. lncremental payments, if applicable, should be made as outlined in Exhibit "A" to the
Agreement.
2.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect.
3.All requisite insurance policies to be maintained by Contractor pursuant to theAgreement, 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.
City Attorney Approved Version 12/28/2022
Attachment A
DocuSign Envelope ID: 72F9E325-DE4E-4429-A755-DCADC731D661
CONTRACTOR
By:
By:
v�ss,.�
(sign here)
Vanessa Munoz, President vmunoz@willdan.com
(print name/title)
(sign here)
Kate Nguyen, Secretary
knguyen@willdan.com
(print name/title)
CITY OF CARLSBAD, a municipal corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
lf required by City, proper notarial acknowledgment of execution by Contractor must be attached.
lf 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:
CINDIE K. McMAHON, City Attorney
BY: _lfluf __ -. _fro_sf ____ _
Deputy City Attorney
City Attorney Approved Version 12/28/2022 2