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HomeMy WebLinkAbout2019-07-16; City Council; Resolution 2019-125RESOLUTION NO. 2019-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO EXTEND THE AGREEMENT WITH KLEINFELDER, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR IMPROVEMENTS TO THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NOS. 6042 AND 6056. Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to approve Amendment No. 3 to the Agreement with Kleinfelder, Inc., for professional engineering services for improvements to the intersection of El Camino Real and Cannon Road, CIP Project Nos. 6042 and 6056 (Project); and WHEREAS, on July 29, 2015, the City Council adopted Resolution No. 2015-196 authorizing an Agreement in an amount of $673,424 with Kleinfelder, Inc. to provide professional engineering services for the Project; and WHEREAS, on April 27, 2017, the city entered into Amendment No. 1 to the Agreement with Kleinfelder, Inc., to include a one-year extension and no additional costs; and WHEREAS, on Feb. 14, 2018, the city entered into Amendment No. 2 to the Agreement with Kleinfelder, Inc., to revise the scope and fee for an additional $49,840 and no additional time to include a separate pedestrian and bicycle bridge; and WHEREAS, the current Agreement expires on July 28, 2019 and the parties desire a two-year extension to July 28, 2021 and no additional costs; and WHEREAS, funds have been appropriated using a combination of Traffic Impact Fees and Infrastructure Replacement Funds, and sufficient funds are currently available; and 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 with Kleinfelder, Inc. will extend the Agreement for an additional two years and expire on July 28, 2021 (Attachment A). 3. That there are sufficient Traffic Impact Fees and Infrastructure Replacement funds available for this Project. July 16, 2019 Item #3 Page 3 of 8 Exhibit 1 4. That Amendment No. 3 to the Professional Services Agreement with Kleinfelder, Inc., for professional engineering services for CIP Project Nos. 6042 & 6056, as described in the attached Agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said Amendment. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of July 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. 2uJf;U/ MATT HALL, Mayor U®'.bu12ram~ ~RBARA ENGLESON, City Clerk (SEAL) ''''"""""'"''' ~'''o'' f CAJi/1:::,,. :/', .--~-~~ S~/ ~--.. ~~ tc:s/m~ \l'~ ~ !~r G..A)c~ \ \?.~; J 1:s "-., ·········~\~ ~ ~,,,,/;-IFO'f'\'..,_,,,,..§!'- 11111,1111111111111 July 16, 2019 Item #3 Page 4 of 8 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. TRAN1244 is entered into and effective as of the / '74-i day of _ ___:::,,,. __ .._.__.._,"""'"" __________ , 2019, extending the agreement dated Ju~15, (the "Agreement" IJ and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder Inc., a California corporation ("Contractor") (collectively, the "Parties") for Professional Engineering Design Services. RECITALS A. On April 27, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a period of one (1) year; and B. On February 14, 2018, the parties executed Amendment No. 2 to the Agreement to alter the scope of work to provide additional design services in order to shift pedestrian bridge away from the existing bridge to provide a 25-foot separation and to extend the Agreement for a period of one (1) year; and C. The Parties desire to extend the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on July 28, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 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. I II I II I II Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 July 16, 2019 Item #3 Page 5 of 8 TRAN1244 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR (sign here) J}~fJ-4 k}~ 5Jpr ~ ------(-pr'---'in=----t-n_a_m_e_/....c,tit-le_) __ ~ CITY OF CARLSBAD, a municipal corporation of the State of California Mayor 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, City Attorney City Attorney Approved Version 1 /30/13 2 July 16, 2019 Item #3 Page 6 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa.v'\ 't)i·e:~c> } On ,J'ul...'< Oct 1'(3.0l'1 before me, SAmA NTI-\ Date Here Insert Name and Ti le of the Officer personally appeared -------~I~:)E....._.l?)_.__._,.G~P.~'9_._\~::t~-B,~\ ~VI~-\=-~Y<--'A:~--------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to~ the person(sr¼hose name~(!§)'~ subscribed to the within instrument and acknowledged to me thaV,e~/trrey executed the same in l;lfs~thei( authorized capacity(i~, and that by .Af~tl}eir signature.(61' on the instrument the persoFl(s), or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -~-~~---------~---- SignatureofNota1ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2017 National Notary Association July 16, 2019 Item #3 Page 7 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~("'\ "t>18c)C } On Su \ ..... 1 G'"J. ,YO i "\ before me,SA\'Y\A~J:\--\ \C+-S~"l..tf<-, NC,~ '-t ~\..Ji;;,Ll;.C. Date Here Insert Name and Title of the Officer personally appeared ---------~~_V"'l __ ·~~r_o_c._· ~ ___ Cl_(\~--------- Name(s) of Signer(s) --------------------------------------~---• who proved to me on the basis of satisfactory evidenc~ be the perso~ whose name6)@~ su!;!scribed to the within instrument and acknowJe.Q_ged to me thatCh.§)s~/tl'}ey executed the same i~/h:e1'/trreir authorized capacityti,es), and that b><._bis¥~r/t~r signatur~ on the instrument the perso~. or the entity upon behalf of which the person~acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---~-=---"-''---=---v===-'d-----,f---+---- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner - D Limited D General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ July 16, 2019 Item #3 Page 8 of 8