HomeMy WebLinkAbout2024-09-10; City Council; Resolution 2024-211RESOLUTION NO. 2024-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH
GLENN A. RICK ENGINEERING DEVELOPMENT AND COMPANY TO EXTEND
THE AGREEMENT TERM TO UPDATE THE DRAINAGE MASTER PLAN
WHEREAS, on Sept. 17, 2019, the City Council adopted Resolution No. 2019-177, authorizing an
agreement with Glenn A. Rick Engineering Development and Company to update the Drainage Master
Plan, as part of Capital Improvement Program, or CIP, Project No. 6623; and
WHEREAS, the term of the agreement is for three years with the City Manager authorized to
extend two additional one-year terms; and
WHEREAS, the City Manager extended the agreement, which is scheduled to expire on Sept. 16,
2024;and
WHEREAS, staff request a time extension until Sept. 16, 2025, to complete the update of the
Drainage Master Plan; and
WHEREAS, staff also request that the City Manager be authorized to extend the agreement an
additional one-year period and to amend the agreement up to an additional $100,000, as needed to
complete the project; and
WHEREAS, City Council authorization is required to amend an agreement that costs more than
$100,000 per agreement year under Carlsbad Municipal Code Section 3.28.040 -Procurement and
disposition responsibilities (D)(l); and
WHEREAS, the City Planner has determined that this action does not require environmental
review because it does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause
either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
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 the Mayor is authorized and directed to execute the Amendment to the Agreement
with Glenn A. Rick Engineering Development and Company for the Drainage Master Plan Update
Project, which is attached hereto as Attachment A.
3. That the City Manager is authorized to extend the agreement an additional one-year period
and amend the agreement up to an additional $100,000 as needed to complete the project.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of September, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
al-
SHERRY FREISINGER, City Clerk
(SEAL)
Docusign Envelope ID: E730ABA0-7CF8-402D-A665-C1DCFDA4F12A
AMENDMENT NO. 3 TO EXTEND AND AMEND THE AGREEMENT FOR
CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE
PSA20-85STRAN
GLENN A. RICK ENGINEERING & DEVELOPMENT CO. dba RICK ENGINEERING COMPANY
This Amendment No. 3 is entered into and effective as of the l \1\.. day of .$c: p~ \ca:::-:V-, 2024, extending the agreement dated September 17, 2019 (the
"Agreement") by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Glenn
A. Rick Engineering & Development Co., a California corporation, dba Rick Engineering Company
("Contractor") (collectively, the "Parties") for civil engineering services.
RECITALS
A. On September 18, 2022, the Parties executed Amendment No. 1 to the Agreement to
include revised Draft DMP and Final DMP and extended the Agreement for a period of one (1) year; and
B. On March 21, 2023, the Parties executed Amendment No. 2 to the Agreement to include
revised feasibility analysis of Basin BJ considering the inclusion of a multi-family residential housing project
and extended the Agreement for a period of one (1) year; and
C. The Parties desire to extend the Agreement for a period of one (1) year; and to amend the
indemnification obligation in the Agreement.
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 one (1) year ending on September 16, 2025.
2. Section 9 "INDEMNIFICATION" of the Agreement is hereby deleted in its entirety and
replaced as follows:
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the
City and its officers, elected and appointed officials, employees and volunteers from and against all
claims, damages, losses and expenses including attorney's fees arising out of the performance of the
work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8}, then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate
to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor
obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability for such claim,
including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault.
City Attorney Approved Version 5/22/2024
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Attachment A
Docusign Envelope ID: E730ABA0-7CF8-402D-A665-C1DCFDA4F12A
PSA20-855TRAN
The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to
or on behalf of an injured employee under the City's self-administered workers' compensation is
included as a loss, expense or cost for the purposes of this section, and that this section will survive
the expiration or early termination of this Agreement.
3. All other provisions of the Agreement, as may have been amended from time to time,
shall remain in full force and effect.
4. 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.
5. 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.
[signatures on following page]
City Attorney Approved Version 5/22/2024
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