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Home My WebLink About2001-09-25; City Council; Resolution 2001-3031 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 OF AGREEMENT WITH HILTON FARNKOPF & HOBSON TO PROVIDE SOLID WASTE CONSULTING SERVICES WHEREAS, On March 27, 2000, the City entered into an agreement with Hilton Famkopf & Hobson (HFH) to begin preliminary work to evaluate existing and future solid waste disposal services for the City of Carlsbad (the “Agreement”); and WHEREAS, On June 7, 2000, the Parties executed Amendment No. 1 to the Agreement for conceptual design of collection and transfer facilities; evaluation of alternative sites; and contract negotiations; and WHEREAS, On July 20, 2001, the Parties executed Ratification of Amendment No. 2 to the Agreement to allow HFH to continue to assist with contract negotiations; and WHEREAS, The Parties desire to extend the Agreement for a period of six months; and WHEREAS, There are sufficient funds in the Solid Waste Enterprise Fund to cover the additional $20,000 cost of services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The attached Amendment No. 3 to Extend and Amend the Agreement between the City of Carlsbad and Hilton Famkopf & Hobson to continue contract negotiations is hereby approved. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 1 2 3 4 5 6 7 8 16 18 23 24 25 26 27 28 3. 3. The Mayor is hereby authorized and directed to execute said Amendment No. 3 to The Mayor is hereby authorized and directed to execute said Amendment No. 3 to the Agreement. the Agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Catlsbad City Council PASSED, APPROVED AND ADOPTED at a regular meeting of the Catlsbad City Council held on the held on the 25th 25th day of day of September September , 2001 by the following vote, to wit: , 2001 by the following vote, to wit: AYES: AYES: Council Members Lewis, Kulchin, Finnila, and Hall. Council Members Lewis, Kulchin, Finnila, and Hall. (SEAL) AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR SOLID WASTE CONSULTING SERVICES Hilton Farnkopf & Hobson This Amendment No. 3 is entered into and effective as of the 2nd day of October 2001, extending and amending the agreement dated March 27, 2000 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Hilton Farnkopf & Hobson, LLC, (“Contractor”) (collectively, the “Parties”). RECITALS A. On June 7, 2000, the Parties executed Amendment and Extension No. 1 to the Agreement for conceptual design of collection and transfer facilities; evaluation of alternative sites; and contract negotiation; and B. On July 20, 2001, the Parties executed Ratification of Amendment No. 2 to the Agreement to continue contract negotiations; and C. The Parties desire to alter the Agreement’s scope of work to complete contract negotiations; and D. The Parties desire to extend the Agreement for a period of six additional months. E. The Parties have negotiated and agreed to have the Contractor continue to assist in contract negotiations pursuant to the fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of six months ending on March 27, 2002 on a time and materials basis not-to-exceed twenty thousand dollars ($20,000). 2. Contractor will complete all work by March 27, 2002. 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 #05.22.01 5. 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 CITY OF CARLSBAD, a municipal corporation of the State of California Cd I%&4 &?-p F 5G && h[ (print namtititle) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corooration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea=powering the officer(s) signing to bind the corporation. AS TO FORM: By: Deputy City Attorney City Attorney Approved Version #05.22.01 2 EXHIBIT “A” Hilton Farnkopf & Hobson Rates for Contract Negotiation Services Partner $220/hour Senior Associate $145/hour Admin. Asst. $55/hour 3 City Attorney Approved Version #05.22.01 CALIFORNIA ALLaPURPOSE ACKNOWLEbGMENT ho. SC7 On a, %$k. / $JOC/bafo CAr; personally appearad ;;ci%. c personally known to me - OR -Q prcved to me on tht basis of satisfactory evidence to bs the person@ whose namewis&@ subscribed to the within instrument and a& knowledged to me that he/$+@t+j executed the same in hislh@tt+& authorized capaciiy(%@, and that by his/hezW@r sigr,ature(s) on the instrument the perso@ or the entity upon behalf of which the personw acted, executed the instrument. hand and official seal. OPTIONAL Thougn lh8 datd kloa is CO: required by law. it r&q prove vslc&l~ :o pergon$ reiying on tht &amen: C-K COLIC’ p:eve% !nuduien: r&t2achfrmf d tnis toOm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT cl IMIVIDUA!. 0 COWORATE OFFlCEii TITLE 03 TYPE OF DOCUWSIT Tl-:EiS) a FAiiTNER;S, cl LlM!TED cj GEN3RAL E AR-ORNEY-IN-FACT 0 TRUSTEE@ 5 GUAFiDIAFt’CCWSEWAT1XT3R 0 OTHER: NWBER OF PAGES DATE OF DOCUMEKT SIGNER IS REPRESENTWG: N&we 04 Plnsctqsj on !ciTlylCS! em..--.-----.m.--_ SIOKER(S) OTHER THAN NAME0 AfOVE elfS2 NXfON1;NO~~\;l~~i~XIX~ON.62;j $r,mU4v,. F.O. sC:7lOC*Ca-!ya Pa.% =3!X,‘s-?lG 05/01/2001 17:02 FAX 9259776955 @loos I. -. ACORD, CERTIFICA-2 OF LIA61Ll-l-Y INSUl iNC&g 1 DATE [uurawr) PRODUCER Isu Concal Iasuranm Services ‘p-0. Box 2905 Dublin CA 94568-0905 04/30/01 THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMA’CION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFfCATE DOES NOT AMEND, U(TENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I Phone: 925-803-2200 Fax: 925-603-2225 INSURED HILTON, FARNKOPF 6 IIOBSON Kathleen Catton 2175 N. California Ste 990 Walnut Creek CA 9&96 I INSURERS AFFORDING COVERAGE INSURERAZ American States Insurance Co INWRER 8: Lloyd's of London lHsuRER c: The Hartford 1MsuRER D: I +HE POUCIES OF INSURANCE LISTED BELOW MVe BEl?ld ISSUE0 To TI(E INSUREo MAWED ABOVE FOR THE FDLICY FERIOD lNDiCAT&, NOlwm(sIAND(~ WY REQUIREMENT, TERM OR CoNDmoN OF ANY WNmncT OR OTWR oocuYeNTwlm RESPECT m vuHlcii ws cERl%lcAlE MAY Be Isbum OR MAY PERTAIN, TNE IMSURAMCE AFWROEO W THE FOLIUES @SCWND HEREIN IS %lWECTrO ALL THE TERMS. D(CLUGKINS AND CONMTIONS OF SUCH POIJUCS. AGGREQAIE UMITS SHm MAY t%= BEEN REOUCeO iw FAtD CWMS. AuToMoeKEww C ANY AUTO ALLowNEDAums 6CHEDULEDAUlOS x tmEDAuTos x NoNawwDAma9 WORRERS COMPEMSATlON AND A EMPLOYER9 l.IAmlJw 0TnER B Professional Liab II?SCRIPWON OF 0FElIATlONStOCA~ONSl 57SEWGB6653 12/15/00 0100000127A SlO,OOO DED PER CLAIM MlCLES+EXGLU3lONS ADOED BY ENDORSEM 09/06/00 06/01/00 l~ALPRow FROWN - WMPlOP AGC excluded I -- 12,15,01 ~gggg-uu~ s 1000000 I PRDFERWDAMAGE I* rteJ@w I S AUTOONLY.EAACaoErm 1 s I Zi?!?LEV EAACClS AGGIS EACH OccuRReNcE s *GaEGATE s -- .- . -. ,x. 09/06/01 ELMACC~E?JT a 1,000,000. 6L.usEAsE-EAWPLOYE~s 1,000,000. ~.LusEpse.wLIcIumIITls1;,000,000. 06/01/01 PER CLAIM $1,000,000 AGGREGATE $1,000,000 ys hrtificate holder is named additional insured aa per attached cG2010 1185 %ndorsement. CERTlFlCATE HOLDER ] Y 1 ADMllONIL INSURER INSURER Lm 2 CITYCAR City of Carlsbad Frank Mannen Assistant City Manager 1200 Carlsbad Village Dr Carlsbad CA 92009 I ACORO 25-S (7197) SHOULD ANYOFMEABWe O~~Eo FQUCIES BECAMCb!UeD BEFORE TW -RATIO OATI! TWEREOF, THE ISSUING INSURER WUI. ENOEAVOR TO MAIL 10 OAYS WRITTEN NOTICE TO THE CERTIFICLTE NOLOW HAMED TO THE LEFT, BUT FAKURE TO DO SO SWLL IMPOSE NO OBuo*TlON OR U&BNJTY OF ANY IUND UPON WE INSURER 173 AGENTS OR NEFRESPNTAITVES. - -1 I CORPORATION 1988 05/01/2001 17:02 FAX 9259776955 HFBB . @loo3 Named Insured MILTON, FARNKOPF & HOBSoN Policy NUmber :57SBAGB6653 CL-246 (1 l-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUILLY. CG20.10 1185 .-. - ADDITIONAL INSURED---OWNERS, LESSEES OR CONTRACTORS (FORb&:B)- N ,..- - -. This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carkbad (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out,of ‘yourwork’ for that insured by or for you; ‘-- . ,.. 9259776955 HF&H kzloo2 z-. . ,,. . . -. . - -. - _ . _.. . . . . ,- . . . . _ . . . . -. . . ;.. ..! . . ...... , . _ ..:_.-. .................. ..... .. .-I .: ....... _ ............. ....... : .... ... - ...... . ..... ........ -