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HomeMy WebLinkAbout2005-02-01; City Council; 17961; Amendment to Professional Services Agreement4B# 17,961 MTG. 2/0 1 /05 IEPT. ENG 7 CITY OF CARLSBAD -AGENDA BILL TITLE: APPROVE AMENDMENT NO. 3 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. professional services with RBF Consulting. 2005-028 to approve Amendment No. 3 to the master agreement for ITEM EXPLANATION: With City Council approval, the Public Works Department contracts with consulting firms to obtain professional services to facilitate the timely completion of Capital Improvement Program projects. To reduce the time and cost to obtain services, City Council approved a Master Agreement with RBF and Associates (RBF) to provide roadway, drainage, and traffic engineering services. On August 8, 2003, the City entered into the master agreement with RBF to perform roadway, drainage, and traffic engineering services for a fee not-to-exceed $1 50,000 each contract year. On September 21, 2004, Amendment No. 1 to the Agreement was approved to extend the agreement for one year to September 30,2005. On November 23, 2004, Amendment No. 2 to the Agreement was approved to increase the cumulative compensation for the contract year ending on September 30, 2005 by 25% from $150,000 to $187,500. Projects currently under design by RBF require additional professional services. Staff is recommending City Council increase the cumulative compensation for the contract year ending September 30, 2005 from $1 87,500 to $280,000. This will provide funding to perform traffic analysis to assess additional intersection impacts within Carlsbad for use in preparing an Environmental Impact Report for Cannon Road Reach 4. Approximately $55,000 of the increased capacity in the master agreement is expected to be used for updating the Traffic Impact Fee (TIF) program. The update is necessary to determine if the fees are adequate. The last full update of the TIF program was in 1991. Staff received proposals for this project from 3 firms and selected RBF as the most qualified. Since the City already has RBF under a master agreement for engineering work, only an increase in the annual limit is needed. ENVIRONMENTAL REVIEW: None. FISCAL IMPACT: Exhibit 2 breaks out the work currently authorized in the master agreement for the previous contract year ending September 30, 2004 and the current contract year ending September 30, 2005. Since the tasks in the current contract year already total $175,403.50 to date, the fee allotment increase in Amendment No. 3 provides for any new tasks authorized between now and September 30, 2005. Most individual Project Task Description and Fee Allotments are funded through appropriations in the Capital Improvement Program. Staff is also requesting an appropriation of $55,000 from the Traffic Impact Fee Fund for the costs of the update. Sufficient funds are available. Page 2 of Agenda Bill No. 171961 EXHIBITS: 1. Resolution No. 2005-028 approving Amendment No. 3 to the master agreement for professional services with RBF Consulting. 2. Breakdown of Existing Project Task Description and Fee Allotments (PTDFA) by Contract Year. DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756, showaBci.carlsbad.ca.us 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 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 January 31,2005 Honorable Mayor and Council Please consider the following information at your meeting tomorrow evening on Amendment # 3 to the Professional Services Agreement with RBF Consulting (AB 17,961) Preserve Calavera has been following the Cannon Rd Reach 4 project for several years because of our concerns about the impacts of this project on the core habitat and wetlands at Calavera. Because of concerns about the roadway design and impacts within the city of Oceanside this project was removed from the EIR and permits for the Calavera Hills Phase II project three years ago. When the project was moved to the active list last summer we were told by staff that this would not just be a rehash of the old project, but that there would be a real look at alternatives like other roadway improvements that could eliminate the need for Reach 4. Based on that assurance, we told the Mayor and Council Member Hall that we would keep an open mind about this project. More recently we were told by Marshall Plantz that the new project would be a standard corridor study. That it would just look at minor alignment variations for the connecting link between Reach 3 and the city limits with Oceanside and would not be the kind of big picture look at alternatives that is needed. He also indicated that federal funds would be sought for the project which is included within the Parkway Planning effort of SANDAG for north county cities. We believe that the proposed Amendment # 3 workscope for this project: -fails to consider key issues - is insufficient to really do the work needed to support this project, and - is being done too early in the planning process. Moving forward with this project at this time is likely to waste hundreds of thousands of taxpayer dollars. ( $ 1.47m from Transnet sales tax funds have already been allocated for environmental review and preliminary design). We urge you to direct staff to prepare a concept plan for this project, with an estimated project workplan, budget and schedule prior to allocating more funds. Failure to properly plan viable alternatives at this stage will only waste more time and money. This concept plan should result from consultation with the wildlife agencies and the city of Oceanside. We offer the following in support of our conclusions: 1. The EIS process that must be used if federal funds are included starts from a purpose and need statement. This is then used as the basis to determine appropriate alternatives- and consequently what traffic modeling is needed. The purpose and need has not been defined for this project so intersection level traffic studies are premature. 2. The special terms and conditions associated with approval of the city's Habitat Management Plan by the U.S. Fish and Wildlife Service included the following provisions related to Cannon Road Reach 4(among others) 'I The Permittee shall consult with the Service and California Department of Fish and Game on the preparation of a draft Environmental Impact Report to ensure that all potential alternatives to construction of these roads are fully considered." These conditions also include a requirement for at least one year of wildlife movement data prior to the design of any undercrossings. 5020 Nighthawk Way - Oceanside, CA 92056 www. presewecalavera.org It only makes sense that early consultation is used to determine a reasonable range of alternatives and to develop a plan for the wildlife movement studies. The intersection level traffic studies would then be based on an acceptable preliminary group of alternatives and potential roadway alignments would be able to take wildlife movement patterns into consideration. 3. SANDAG has spent months trying to recalibrate their models for the Parkway Plan, a plan that includes Cannon Road Reach 4 as one of the transportation system changes in north county. According to the following 1/27/05 email from Richard Chavez, SANDAG still does not have an acceptable model run. It is only prudent to address these data problems prior to conducting further analyses for one of the individual roads that are part of the plan. Email of 1/27/05 from Richard Chavez re Parkway Plan : "Unfortunately, the model runs (and subsequent runs) were not valid. I met with the modeler earlier this week. We think we came up with a solution. I need to put together some things on my end and t think we will get good results soon. So unfortunately, I am back at the same place I was two months ago. But I am optimistic that it is now just a matter of time. Again, thanks for your patience." 4. The city of Oceanside expressed major concerns with this project in the past. They have the legal duthority to control the connection with the existing segment of Cannon Road at the city boundary. All of Carlsbad's planning will be irrelevant if Oceanside finds the results unacceptable again. The city of Oceanside should also be consulted prior to conducting further, costly, traffic studies. 5. The city has not done a comprehensive update of the Transportation Element of the General Plan for over 5 years- in spite of several significant changes to roadway plans in north county , new population data from SANDAG that has reduced the projected regional trips, and a new north county sub-area model developed last year by the cities of Carlsbad and Oceanside. Based on new studies using this north county subarea model two roads in Oceanside that were planned to expand from 4-6 lanes (Rancho del Or0 and College Blvd) were reduced back to 4 lanes. Carlsbad should look at their entire plan in light of this new data- and not just selectively apply it to a single corridor. 6. Controversial public projects work best when the planning process is transparent, inclusive, and methodical. You know this will be a controversial project. The city has the opportunity to do it right this time- or to repeat the mistakes of the past. We urge you to direct staff to conduct this project in a way that addresses the city's concerns about traffic congestion- while still being responsive to the legitimate concerns about this particular roadway. Please table action on this part of the proposed amendment until there is a workplan and process that does not waste more taxpayer dollars. Sincerely, Diane Nygaard On Behalf of Preserve Calavera Cannonroadcity counciljaa31-05 I. Cannon Road Reach 4 Amendment to Agreement with RBF for Traffic Studies Presentation to City Council 2/0 1/05 Honorable Mayor and Council, My name is Kasey Cinciarelli. I live on Lyons Court in Carlsbad and am here tonight representing Preserve Calavera .Our grassroots organization of over 1800 local residents is concerned about preserving and protecting the calavera area- the largest remaining natural land in coastal north county and we are so fortunate to have most of this land within our city. Our concern is that this amendmeat includes trafic studies for Reach 4 of Cannon Road. Reach 4 will go right through the center of the calavera open space, just a few feet from a major tributary to Agua Hedionda- with a I 12’ wide major four lane divided road. Roads like this would be very damaging to the plants and animals that now call this area home, to the downstream Agua hedionda watershed- and to the thousands of us who enjoy this area as a quiet place to get away from things like traffic- a quiet place to hike or bike, or just to watch the birds. This project was very controversial when it came up over two years ago when staff ended up cancelling the project aRer spending thousands of our dollars on it. It needs to be done right this time- or the city will again waste hundreds of thousands of dollars- for a project that has no chance for success. Yesterday we submitted detailed comments by e-mail, and I turned in a copy of that letter tonight. We urge you to table the Cannon Road portion of this amendment- to direct staff to come back with a project workplan, budget and schedule and assure that our money is not wasted this time. We believe it is possible to come up with a plan that addresses the city’s traffic concerns- and that also protects this open space area that is a treasure for us all. Unfortunately proceeding withais project as proposed tonight is a recipe for failure- and not the succ&ssful project that the residents of Carlsbad deserve. Please take the time to do it right.