Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  18-000790

 

MEETING DATE:

10/16/18

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Vicki Quiram (714) 667-3255 

 

 

Dylan Wright (714) 480-2788

 

 

Subject:  Assignment, Novation and Consent of Agreement with ATI Engineering Services, Inc

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 12/15/2015 #17

 

RECOMMENDED ACTION(S):

 

 

1.

Approve the Assignment, Novation and Consent Agreement with ATI Engineering Services, Inc. dba ATI Architects & Engineers, to transfer and assign an existing Board of Supervisors approved agreement to ATI-AC Martin, Inc. dba ATI Architects + Engineers, effective October 16, 2018.

 

2.

Authorize the Director of OC Public Works or designee to execute Assignment, Novation and Consent Agreement with ATI Engineering Services, Inc. dba ATI Architects & Engineers and its new company, ATI-AC Martin, Inc. dba ATI Architects + Engineers who will now manage the agreement once issued to ATI Engineering Services, Inc. dba ATI Architects & Engineers.

 

 

 

 

SUMMARY:

 

Approval of the Assignment, Novation and Consent Agreement will allow the County of Orange to assign and transfer the approved agreement with ATI Engineering Services, Inc. dba ATI Architects & Engineers to ATI-AC Martin, Inc. dba ATI Architects + Engineers for On-Call Architect-Engineer Design Professional Consultant Architectural Services at no cost to the County of Orange.

 

 

 

BACKGROUND INFORMATION:

 

On December 15, 2015, the Board of Supervisors (Board) approved Agreement MA-01216010516 (Agreement) with ATI Engineering Services, Inc. dba ATI Architects & Engineers (Contractor) for On-Call Architect-Engineer (A-E) Design Professional Consultant Architectural Services (Services) effective December 15, 2015, through December 14, 2018.

 

On January 15, 2018, the County of Orange (County) received a letter from the Contractor requesting authorization to assign the Agreement between the County of Orange and the Contractor to ATI-AC Martin, Inc. dba ATI Architects + Engineers (New Contractor), due to a merger. OC Public Works has received the corporate resolution and additional documentation related to the assignment of the agreement and reviewed those documents with County Counsel for Board approval.  OC Public Works requested a Corporate Resolution (Resolution) from the New Contractor.  OC Public Works received the Resolution on June 19, 2018.

 

The Contractor has requested to continue providing Services to OC Community Resources/OC Parks under the New Contractor for the Remodel of the Aliso Viejo Cafe and the Foothill Ranch Library Interior Refurbishment Project utilizing the Agreement below, previously approved by the Board and awarded to the Contractor:

 

Services     

Contract Number

Effective Date

Expiration Date

On-Call A-E Design Professional Architectural Services 

MA-012-016010516

12/15/2015

12/14/2018

 

The Contractor has assured OC Public Works that the New Contractor has the same expertise and financial ability as the Contractor and possesses the same capabilities to fulfill the Agreement. In addition, the New Contractor is qualified based on reference checks that were completed and found to be satisfactory with Forma Design, Inc. and Litzenberger Engineering. OC Public Works recommends Board approval of the Assignment, Novation and Consent Agreement to enable the New Contractor to provide services under the original Agreement, which is necessary for the completion of County projects. All original Agreement terms and conditions shall remain unchanged. OC Public Works verified its assurances that the New Contractor has the technical, financial and operational capabilities to fulfill all contractual obligations. The New Contractor has met Risk Management's insurance liability and indemnification requirements.

 

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the action authorized is the transfer of an existing Agreement. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

STAFFING IMPACT:

 

N/A

 

REVIEWING AGENCIES:

 

OC Community Resources/OC Parks

 

ATTACHMENT(S):

 

Attachment A - Assignment, Novation and Consent Agreement MA-012-16010516
Attachment B - Corporate Resolution