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HomeMy WebLinkAbout2006-06-13; City Council; Resolution 2006-1481 RESOLUTION NO. 2006-148 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 25 26 27 28 OF CARLSBAD, CALIFORNIA, APPROVING A CHANGE ORDER AND SETTLEMENT WITH DOUGLAS BARNHART, INC., A RATIFICATION OF AMENDMENT TO AN AGREEMENT WITH NTD STICHLER, INCORPORATED, AND ACCEPTING THE CONSTRUCTION CONTRACT ON AVIARA COMMUNITY PARK. PROJECT NO. 3699-1. WHEREAS, the construction of Aviara Community Park has been completed to the City's satisfaction by Douglas E. Barnhart, inc.; and WHEREAS, Change Order Number 13 has been negotiated between Douglas E. Barnhart, Inc. and the City as a complete and final settlement of all disputes and claims arising out of the performance of the Contract between the parties; and WHEREAS, the formal project Notice of Completion has been prepared; and WHEREAS, all project costs have been established to date; and WHEREAS, an increase in the amount of $67,509 to NTD Stichler, Inc.'s agreement is needed in order to pay for architectural construction phase services provided through April, 2006; 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. The Aviara Community Park, specifically identified as Project No. 3699-1, is deemed complete and is hereby accepted by the City Council of the City of Carlsbad. 3. That Change Order Number 13 be executed by the City Manger once a complete 21 waiver and release of all claims in a form approved by the City Attorney is executed by Douglas E. 22 Barnhart, Inc.. 23 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to execute 94 and record the Notice of Completion for Aviara Community Park, Project No. 3699-1. 5. That funds in the amount of $67,509 are hereby approved to increase the consultant agreement with NTD Stichler, Inc. for the Aviara Community Park project, Project No. 3699-1. 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 6. That Ratification of Amendment No. 3 to the redesign and architectural construction phase services agreement with NTD Stichler, Inc. is hereby approved and the Mayor and City Clerk are authorized and directed to execute said Ratification of Amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of June , 2006 by the following vote, to wit: AYES: Council Members Lewis, _Hall, Kulchin, Packard, Sigafoose NOES: ABSENT/ y/Tlffne CLAUDE A. LEWIS, Mayor LORRAINE M.