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Home My WebLink About2005-02-01; City Council; Resolution 2005-0281 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 EXHIBIT 1 RESOLUTION NO. 2005-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 3 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING. WHEREAS, the City Council of the City of Carlsbad has approved a master agreement for professional services with RBF Consulting on September 21, 2004; and WHEREAS, additional services are required for this contract year; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to approve and accept Amendment No. 3 to the Master Agreement for Professional Services with RBF Consulting; and WHEREAS, expenditures for these professional services are subject to availability of capital project funding; and WHEREAS, Amendment No. 3 to the Master Agreement for Professional Services with RBF Consulting., has been prepared and is attached hereto as Attachment A. 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 Amendment No. 3 to the Master Agreement for Professional Services with RBF Consulting is accepted and approved and the Mayor is hereby authorized and directed to execute Amendment No. 3. Iff Iff Iff Iff Iff Iff Iff Iff Iff iff 3 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 3. That the City Council authorizes an appropriation from the Traffic Impact Fee Fund in the amount of $55,000 for the work related to updating the Traffic Impact Fee Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15t day of FEBRUARY , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLAUDE A. LEWIS, MATT HALL, Mayor Pro Tern ATTEST: 1 LORRAINE M. WOOeCity Clerk (SEAL) AMENDMENT NO. 3 TO MASTER AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (RBF CONSULTING) dment No. 3 is entered into and effective as of the /5a day of , 2005-, amending the agreement dated August 8, 2003 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and RBF Consulting, a California corporation, (“Contractor”) (collectively, the “Parties”) for Master Agreement, Professional Engineering Services. RECITALS A. On September 21, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the term of the Master Agreement for one additional contract year ending on September 30,2005; and B. On November 23, 2004, the Parties executed Amendment No. 2 to the Agreement to increase the cumulative compensation for the contract year ending on September 30,2005 by 25 percent from $1 50,000 to $187,500; and C. The Parties desire to alter the Agreement to increase the cumulative compensation for the contract year ending on September 30, 2005 from $1 50,000 to $280,000. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Master Agreement, as may have been amended from time to time is hereby amended to establish the maximum cumulative compensation for the contract year ending September 30, 2005 at $280,000. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by 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 1 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. CONTRACTOR RBF CONSULTING, a California corporation ., Mayor ' (sign here) - ATTEST: . l4fl (print name/titIe) z J-Lke $1 fl A7 eJ (e-mail address) LORRAINE M. WOm f City Clerk If required by City, proper notarial acknowleqment of execution by con..'actor must be attach-sl. 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: RONALD R. BALL, City Attorney By: 2 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California County of On PPL f UarY &os before me, r-(. FA& , personally appeared ??I char A A ‘ %L,O San b I e40 . Date Name and Ttle of Officer (e g , “JandDoe, Notary Publi Narneovf Signer!+ dersonally known to me 0 proved to me on the basis of satisfactory evidence to be the personCsf whose namef4) ishe- subscribed to the within instrument and acknowledged to me that he/- executed the same in his- ’ authorized NOTARY PUBLIC * CALIFORNIA capacity(ies), and that by his/- signaturew on the instrument the person(+, or the entity upon behalf of which the personw acted. executed the instrument. SAN DlEGO COUFlTy WITNESS mv hand and official seal. * Signature otNotary Public OPTIONAL Though the infomation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: NumbTof Pages: a Signer(s) Other Than Named Above: - Capacity(+e@€laimed by Signer t& YdL‘LS Title or Type of Document: e& Of b-15 bd h ed* f5.tohs AJ&uMLn+ 90 P-flfflOfld Signer’s Name: In 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator , Other: 5o_n!oF d Top of thumb here Signer Is Representing: 0 1999 National Notary Association - 9350 De Sot0 Ave., P.O. Box 2402 * Chatsworth, CA 91 313-2402 - www.nationalnotar/.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of m-6 } ss. On dw , before me, P&tikLM.k&,WObVq P&\;C, Name andTitle of Ofkey(e g , 'Jane Doe, Notary Publlc") Date Namewof Signe@j- personally appeared IaJ: Wac E4ersonally known to me C proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the personw whose name0 @ai% subscribed to the within instrument and acknowledged to me that @hheH=q executed the same in wr authorized capacity(-, and that by @befAhr signatureo on the instrument the person@, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. rk.Kcp Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: h-m.3 )o ww b@e@ Document Date: W dab Number of Pages: Signer(s) Other Than Named Above: .Clna%p,-lQLlbiul , &a1 Capacity(ies) Claimed b Signer Signer's Name: mLt$@= Ywr C Individual dcorporate Officer - Title(s): aewhMV-P. ! C%O 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ~~b%dhW 0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 .EXHIBIT 2 Breakdown of Existing Project Task Description and Fee Allotments (PTDFA) by Contract Year Master Agreement with RBF Consulting 8 Additional Traffic Counts and Impact Analysis for Cannon Road Reach 4 $4,500.00 $4,500.00 TOTAL $54,424.50 $175,403.50