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Home My WebLink About1994-03-22; City Council; 12635; AMENDMENT NO. 1 AND EXTENSION TO AN AGREEMENT FOR EXPROPRIATION SERVICES FOR POINSETTIA LANE/I-5 INTERCHANGE WIDENINGz 0 .:: 0 <t ..J 0 z :::, 0 0 /.I ,�·. TV OF CARLSBAD - A "JOA BILL ·:/> MTG. 03-22-94 DEPT. ENG TITLE: AMENDMENT NO. 1 AND EXTENSION TO AN AGREEMENT FOR EXPROPRIATION SERVICES FOR POINSETTIA LANE/ 1-5 INTERCHANGE WIDENING RECOMMENDED ACTION: DEPT. unv.,-...,,vw. CITY ATTY =--- CITY MGR.� Adopt Resolution No. 9!.f- 8� approving an Amendment No. 1 consisting of a one year extension and additional fees to the expropriation services agreement for the Poinsettia Lane/1-5 Interchange widening. ITEM EXPLANATION: The City currently has an agreement with MacFarlane and Associates to provide consulting services to secure rights-of-way for the Poinsettia Lane/1-5 Interchange widening. The agreement states that increases in fees may be made with the authorization of the City Council. Because of protracted property negotiations, it is necessary to increase the payment of the consultant and increase the length of the agreement. Staff is recommending that Council approve Amendment No. 1 increasing the fees payable to the Consultant by $4,900, making a total payment of $20,900 and extending the agreement to September 30, 1994. FISCAL IMPACT: The current contract with MacFarlane and Associates for securing the rights-of-way for the Poinsettia Lane/1-5 Interchange totals $12,500. The increase in fees of $4,900 will be bring the expropriation service costs to $20,900. Funds are available in the Project Account No. 430-820-1890-3269. EXHIBITS: 1.Resolution No. '1'1- 8'� approving an Amendment No. 1 consisting of a one year extension and additional fees to the expropriation services agreement for the Poinsettia Lane/1-5 Interchange widening. .. l 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 RESOLUTION NO. 94-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE EXPROPRIATION SERVICES AGREEMENT WITH MacFARLANE AND ASSOCIATES FOR POINSETTIA LANE/1-5 INTERCHANGE WIDENING WHEREAS, the City Manager did on September 4, 1992 approve a consultant agreement with MacFarlane and Associates for design services for the Poinsettia Lane/1-5 Interchange widening; and WHEREAS, the agreement provides for increases in payment to the consultant with concurrence of the City Council; and WHEREAS. the City Council has reviewed the need to amend said agreement to provide for an extension and additional costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1.That the above recitations are true and correct. 2.That Amendment No. 1 attached hereto as "Exhibit A" and made a part hereof, is hereby approved. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l 2 3 3.That the Mayor is authorized to execute said Amendment No. 1 on behalf of the City Council. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on the 22nd day of __ MAR __ c __ H ___ , 1994 by the following vote, to wit: 6 7 8 9 10 11 AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin 12 ATTEST: 13 14 15 16 i 17 18 19 i 20 21 22 23 24 25 26 27 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) To File eJRITE IT - DON'T SA91T! Date April 20 0 Reply Wanted 19 94 From Isabelle Paulsen ONo Reply Necessary Amendment No. 1 to the MacFarlane & Associates agreement was originally signed by the consultant. However, a change was made in the 11amount not to exceed11 and the change was made by Engineering (Patty Cratty), The new original amendment came to this department without a notarial acknowledgement. Karen Hirata (Deputy City Attorney) advised that the new signature could not be technically "notarized" by using the photocopy acknowledgement. The original amendment was sent back to Patty Cratty so that a new notarial acknowledgement ·could be attached. It was sent on March 30, 1994. P'RINTEO IN U:!IA ... . '·. "'' EXHIBIT A AMENDMENT NO 1 TO AN AGREEMENT FOR EXPROPRIATION SERVICES FOR POINSETIIA 1.ANE/1-5 INTERCHANGE This Amendment No. 1 to the agreement with MacFarlane and Associates dated September 4, 1992 amends Section 5. DURATION OF CONTRACT and Section 6. PAYMENT OF FEES C. Ceiling is amended to read as follows: 5.DURATION OF CONTRACT This agreement shall extend to September 30, 1994 unless by mutual agreement this contract is amended. 6.PAYMENT OF FEES C.Ceiling. Due to protracted negotiations with property owners, an additional$4,900 may be added to complete the consultants obligations listed in Section 1 . The total aggregate payment of fees shall not exceed '$�00-Unless an increase is approved according to the procedures described in Carlsbad Municipal Code Section 3.28.172. --{f/71'-JDO IN WITNESS THEREOF, we have hereunto set our hands and seals as of this day of January 1994. CONSUL TANT: W. L. MacFARLANE ByW.L-�\)� {sign here) W.L. MacFARLANE{print name here) MacFARLANE & ASSOCIATES (title and Organization) CITY OF CARLSBAD, a municipal Corporation of the State of California By: _____________ _ Gity-MaRa§er Mayor ATTEST: ALETHA L RAUTENKRANZ City Clerk (Proper notarial acknowledgement of execution by CONSULTANT must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ______ _ KAREN J. HIRATA Deputy City Attorney ACKNOWLEDGEMENT STATE OF CA�RNiA COUNTYOF n .. -.h '�"JO Offi;�'\L :;F.AL. KA Trff L. CALLAHAN1-.'0TMW PUBUC-CAUFOONIA PMJNG;?AL Cfr:-cE iN SAN D!cGO COUNTY My eor..-,-.:�ion E;(p. MAY 2. 1� (This area for official seal) } ss.On San Diego=Bank@j I -t"t -"1</ Tm•, :.+ Lt t... /l,,._//a /,r; '1/IJo{" r 1 P<-<. b ; c .tQffic� Name & Title),personally appeared t.J. L · Ma c 'i--ti,.. Ci "'If! pe,svflally known to me,(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and ac· knowledged to me that helehe/they executed the same in his/ReF.'.tReiF authorized capacity(ies), and that by hisJAer/tl'leir signature(s) on the instrument the person(s), or the entity upon ·behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ) n n. A Signatur • f.. (1 o...k'..J<:'� ATIENTION NOTARY: The following Information Is not mandatory, however it could p ent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATIACHED TO THE DOCUMENT DESCRIBED AT RIGHT: · MIS,45 (Rev. 1193) TitleorTypeof Document Arn-0 rid /YI o.,._4-No· I , e /c.Total Number of Pages __ / ___ Date of Document / -t 9.. -Ci <./ , Signer(s)OtherThan Named Above (lO"il. o+h-er nzrC�ri 2...Pd en a. ..J <( � � ::, � C a: 8 w a: !i: w C :i: (.) z ..,: a: Ol z 0 ;:: z w tu a: