HomeMy WebLinkAbout2009-01-27; Public Financing Authority; 39; Enviromental Services for The CrossingsCARLSBAD PUBLIC FINANCING AUTHORITY- AGENDA BILL 10
39AB#
MTG.
DEPT. Recreation
1/27/09
APPROVE RATIFICATION OF
AGREEMENT, AMENDMENT NO.5,
FOR POST CONSTRUCTION
ENVIRONMENTAL SERVICES FOR
THE CROSSINGS AT CARLSBAD,
PROJECT NO. 39722
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
It is recommended the Board of Directors of the Carlsbad Public Financing Authority Adopt
Resolution No. 50 , approving ratification of amendment to the agreement with Dudek
Environmental and Engineering, Inc. for post construction environmental services for The
Crossings at Carlsbad Golf Course, Project No. 39722.
ITEM EXPLANATION:
On August 1, 2008, the Carlsbad Public Financing Authority approved Amendment No. 4 for
Environmental Services for The Crossings at Carlsbad Post Construction contract.
Amendment No. 4 included additional environmental services pertaining to the work necessary
for an amendment of Coastal Development Permit No. 2., and includes the following:
• Detailed analysis (text and exhibits) for the Habitat Maintenance Plan modifications and
equivalency findings
• Revised Water Quality Monitoring Plan
• Revised open space conservation easement documents and figures
• 2007 Cowbird Report
• Meetings (3) with City and Coastal Commission Staff and attendance at one Coastal
Commission hearing in San Diego County
Since August of 2008, Dudek has been performing the services outlined above except for
attendance and final reviews with the Coastal Commission. Since scheduling with the
resource agencies was not possible before the agreement expiration date of
November 18, 2008, a ratification of amendment is necessary in order for Dudek to complete
the work for the amendment of CDP No. 2 for the golf course. Scheduling with the resource
agencies is expected to occur in early to mid 2009.
This ratification of the Agreement does not require additional funding or an amended scope of
services in order for the contractor to complete the work.
DEPARTMENT CONTACT: Liz Ketabian- 760-434-2978 keta@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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FISCAL IMPACT:
Funds in the amount of $60,515 were approved previously by CPFA for Amendment No. 4 to
the original Agreement and are available to complete all work associated with the proposed
ratification and amendment for the Agreement. No additional appropriations will be required.
ENVIRONMENTAL IMPACT:
On June 7, 2000, The Planning Commission adopted Resolution No. 4772 certifying the
Environmental Impact Report for the Carlsbad Municipal Golf Course Project and CUP 97-07
for the construction and operation of the Golf Course. Environmental services to be performed
by Dudek associated with ratification of the amendment to the agreement are within the scope
of the approvals.
EXHIBITS:
1. Resolution No. so approving Ratification of Amendment to Agreement,
Amendment No. 5, with Dudek Environmental and Engineering Inc., for post
construction environmental services for The Crossings at Carlsbad Golf Course, City
Project No. 39722.
2. Ratification of Amendment to Agreement for Post Construction Services, Amendment
No. 5, for The Crossings at Carlsbad Golf Course, Project No. 39722.
f I
1 RESOLUTION NO. 50
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE CARLSBAD PUBLIC FINANCING AUTHORITY
3 APPROVING RATIFICATION OF AMENDMENT TO THE
4 AGREEMENT, WITH DUDEK ENVIRONMENTAL AND
ENGINEERING FOR POST CONSTRUCTION
5 ENVIRONMENTAL SERVICES FOR THE CROSSINGS AT
CARLSBAD GOLF COURSE, PROJECT NUMBER 39722.
6
7 WHEREAS, the Carlsbad Public Financing Authority, hereafter the CPFA,
8 approved an agreement with Dudek Environmental and Engineering, Inc. on
9 November 18, 2005, for environmental services for the post construction of The
10 Crossings at Carlsbad Golf Course; and
11
WHEREAS, the CPFA approved Amendment No. 1 to the Agreement on
12
October 17, 2006, to include additional environmental services in the amount of
$150,000 for the Project; and
15 WHEREAS, the CPFA approved Amendment No. 2 to the Agreement on
16 June 14, 2007, to include additional services in the amount of $400,000 and to extend
17 Agreement an additional year for the Project; and
18 WHEREAS, the CPFA approved Amendment No. 3 to the Agreement on
1 Q
November 8, 2007, to include additional services for the Project in the amount of,
20 $50,000; and
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WHEREAS, the CPFA approved Amendment No. 4 to the Agreement on
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August 1, 2008, to include additional services for the Project in the amount of $60,515;
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24 and
25 WHEREAS, term of said contract has expired and additional time is needed to
26 perform the services necessary for the completion of work relating to the post
27 construction environmental services for the Project; and
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1 WHEREAS, the CPFA finds it necessary, desirable and in the public interest to
2 ratify and amend the Agreement to extend the contract until November 18, 2009.
3 NOW, THERFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
4 Public Financing Authority of the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. That Ratification of Amendment, Amendment No. 5, to the Post
Construction Agreement for Environmental Services with Dudek
9 Environmental and Engineering, Inc. for post construction environmental
10 services for The Crossings at Carlsbad Golf Course, Project No. 39722 is
11 hereby approved and the Chairman of the Board is authorized and
12 directed to execute said Ratification and Amendment.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad
Public Financing Authority held on the 27th day of January, 2009, by the following vote
to wit:
AYES:
NOES:
ABSENT:
Board Members, Lewis, Kulchin, Hall, Packard and Blackburn.
None.
None.
, Chairman of the Board
ATTEST:
LORRAINE M. WOOD, Secretary
(SEAL)
RATIFICATION OF AMENDMENT NO. 5 TO EXTEND THE AGREEMENT
FOR POST CONSTRUCTION SERVICES FOR THE CROSSINGS AT CARLSBAD
GOLF COURSE, CITY PROJECT NUMBER 39722
Dudek Engineering + Environmental, Inc.
This Ratification of Amendment No. 5 is entered into
200_fj_, but effective November 17 . 2008, extending the underlying initial agreement
between the Parties dated November 18. 2005 (the "Agreement") by and between the
Carlsbad Public Financing Authority, a joint powers authority, ("CPFA"), and Dudek Engineering
and Environmental, Inc., ("Contractor") (collectively, the "Parties").
RECITALS
A. On October 17, 2006, the Parties executed Amendment No. 1 to the original
Agreement dated November 18, 2005 to include additional environmental services for the
Project; and
B. On June 14, 2007, the Parties executed Amendment No. 2 to the Agreement to
include additional environmental services and to extend the contract period an additional year
for the Project; and
C. On November 8, 2007, the Parties executed Amendment No. 3 to the Agreement
to include additional environmental services for the Project; and
D. On August 1, 2008, the Parties executed Amendment No. 4 to the Agreement to
include additional environmental services and to extend the contract period an additional year
from November 8, 2007 for the Project; and
E. The Agreement, as amended from time to time expired on November 18. 2008
and Contractor continued to work on the services specified therein without the benefit of an
amendment.
D. The Parties desire to ratify the amendment extending the term of the Agreement,
and any amendments thereto, for a period of one (1) year . ending on November 18. 2009.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CPFA and Contractor agree as follows:
Amendment No. 5 to the Agreement, is hereby retroactively approved and the
Agreement is hereby extended for a period of one (1) year, ending on November 18. 2009.
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 the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #04.11.01
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
(sign here)Oudek
June Collins
(print n
(e-mail address)
(pfmt name/title)
(e-mail address)
CARLSBAD PUBLIC
AUTHORf?Y, a joint powers
FINANCING
Chairman of the Board
ATTEST:
LORRAINE M. WOOD
Secretary to the Board
If required by CPFA, 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 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 officers) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD RJBAtkf, Special Counsel to the Board
Jr y^^-
By:.,
AsstetaoDSpecial Counsel
City Attorney Approved Version #04.11.01