HomeMy WebLinkAbout2019-10-15; City Council; Resolution 2019-202RESOLUTION NO.2019-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TWO-YEAR EXTENSION TO A CONSULTING
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL BAKER
INTERNATIONAL TO COMPLETE A COMPREHENSIVE UPDATE TO THE CITY'S
LOCAL COASTAL PROGRAM AND ZONING ORDINANCE.
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
public interest to extend the Oct. 22, 2015 agreement with Michael Baker International to complete a
comprehensive update to the city's Local Coastal Program and Zoning Ordinance; and
WHEREAS, the Local Coastal Program and Zoning Ordinance are land use policy and regulatory
documents that are fundamental to guiding and regulating development in the city, and updating the
documents is necessary to ensure they remain effective and relevant to current community conditions;
and
WHEREAS, no additional costs, beyond those previously authorized, are associated with the
agreement extension; 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 a two-year extension to the agreement between the City of Carlsbad and Michael
Baker International to complete a comprehensive update to the city's Local Coastal
Program and Zoning Ordinance (Attachment A) is hereby approved and the city
manager is authorized to execute the extension.
3. Following the city manager's execution of said agreement extension, the City Clerk is
directed to forward copies of this resolution and said agreement to Michael Baker
International, Attention: Richard Beck, 5 Hutton Centre Drive, Suite 500, Santa Ana, CA
92707; and to the Community and Economic Development Department.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
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October 15, 2019 Item #1 Page 4 of 52
AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR THE COMPLETION
OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07)
MICHAEL BAKER INTERNATIONAL
A.} This Amendment No. 3 is entered into and effective as of the (o~ day of
()\)~ , 2019, extending the agreement dated October 22, 2015 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael
Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for
professional consulting services.
RECITALS
A. On October 22, 2015, the Parties executed the Agreement to provide professional
consulting services in order to complete a sea level rise analysis, local coastal program and
zoning ordinance updates; and
B. On October 4, 2017, the Parties executed amendment 1 extending the agreement
through October 21, 2018; and
C. On October 9, 2018, the Parties executed amendment 2 extending the agreement
through October 21, 2019; and
D. The Parties desire to extend the Agreement for a period of 2 (two) 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 2 (two) years ending on October 21, 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.
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City Attorney Approved Version 1 /30/13
October 15, 2019 Item #1 Page 5 of 52
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.
MICHAEL BAKER INTERNATIONAL, a
California corporation
•
(print name/title)
Cl CARLSBAD, a municipal
c por ion of the State of California
By:
€it~ Meu,eger or-Meyer er Di~esieF-
C ~ t1~~
BARBARA ENGLESON
City Clerk
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 B
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:
CELIAA. BREWER, City Attorney
City Attorney Approved Version 1/30/13
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October 15, 2019 Item #1 Page 6 of 52