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Home My WebLink About2000-05-09; City Council; Resolution 2000-139II 0 0 1 2 3 4 5 RESOLUTION NO. 2000-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO CONSULTANT AGREEMENT WITH O’DAY CONSULTANTS, INC., FOR DESIGN SERVICES AND CONSTRUCTION SUPPORT FOR CANNON ROAD WEST, PROJECT NO. 31 84. WHEREAS, the City Council of the City of Carlsbad has reviewed the need for additic 6 construction support services for the Cannon Road West project; and 7 8 the Cannon Road West project; and WHEREAS, the City Council selected O’Day Consultants, Inc., for civil design service: 9 WHEREAS, O’Day Consultants, Inc. has been working consistently on the Cannon R 10 11 West project for the last five years and are intimately familiar with the project, making tt uniquely qualified to perform additional support and design services for the Cannon Road VI project. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst l3 California, as follows: 14 2. That Amendment No. 2 to the consultant agreement with O’Day Consultants, I 15 1. That the above recitations are true and correct. 16 for additional design services and construction support as described in the attached amendrr is hereby approved and the Mayor is hereby authorized and directed to execute said amendmc 17 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cour held on the 9th day of May , 2000 by the following vote, tow 19 20 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin 21 22 23 24 25 26 27 28 (SEAL) e a AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION SUPPORT FOR CANNON ROAD WEST, PROJECT NO. 3184 This Amendment No. 2 is entered into and effective as of the 15th day of May , 2000, amending the agreement dated May 24, 1999 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and O'Day Consultants, Inc., a California corporation, hereinafter referred to as, "Contractor" for design and construction support services for preparation of various plan revisions and construction support. RECITALS WHEREAS, the initial agreement, dated May 24, 1999 (the "Agreement") identified a scope of work for design and construction support services for preparation of various plan revisions and construction support for Cannon Road West (Project No. 31 84); and WHEREAS, Amendment No. 1 to the Agreement was entered into July 13, 1999 and identified a scope of work for additional design and construction support services; and WHEREAS, Cannon Road West remains under construction and additional support services are required; and WHEREAS, the parties to the Agreement desire to alter the scope of work as follows: to provide sufficient funds for additional construction support services and provide as-built improvement plans; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties hereto, and as shown on Exhibit "B Scope of Services and Fees, an attachment to Extension and Amendment No. 1 to the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: I. Contractor shall provide services as outlined on Exhibit "B", an attachment to Extension and Amendment No. 1 to the Agreement. 2/2/98 0 e 2. City shall pay Contractor for all additional work associated with Paragraph 1, and not contained in the Agreement or in Amendment No. 1 thereto above, on a time and materials basis not-to-exceed $15,000. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor shall complete all work outlined on Exhibit “B, an attachment to Extension and Amendment No. 1 to the Agreement by July 24, 2000 or by expiration of the Agreement. 4. All other provisions of the Agreement entered into on May 24, 1999 and Amendment No. 1 thereto, by and between City and Contractor shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work. Acknowledged and Accepted: CONTRACTOR: O’DAY CONSULTANTS, INC., a /” L.j;dsJ+.. T,..$/p/ 6@ Patrick N. O’DaylPresident f/ wr ’ CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager WMayer &A ATTEST A%W E M. WOOD 3-93-49 Patrick N. ODavlSecretary (print nameltitle) - I DATE (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer - must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: f?- - - Deputy City Attorney 2/2/98 0 0 CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT * r~".T ,"""""_ ""-"-""I- -. .- .. ......,.. -.- . .. -........_.,....-.-.-:...-__...., .. .- .-_.._ -_-_-. ". _.__ !/I-="="- --- """""""_ 4 3 g 8 4 State of California County of Sari Diego p On February 18, 2000 before me, Teri Hayes, Notary Public , 3 personally appeared Patrick N- 0' Day , pi ?Kl personally known to me - ~~ii$mmi"~~ to be the person(+) and acknowledged to me that he/W#ey executed the same in hiskhb&authoiized capacity(ies), and that by hishedtheirsignature@) on the instrument the person(+, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. Dale Name and lills of Officer (e.g., -Jane Doe. Notary Public.) Name@) of Signer(s] R whose name@) is/= subscribed to the within instrument $! 8 1 $lu hq ~. i& Signature of N&y Public UP77ONAL 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. A Description of Attached Document $ Title or Type of Document: 4 Document Date: Number of Pages: $ Signer(s) Other Than Named Above: Amendment No. 2 to Agreement for Design Services and A Construction Support for Cannon Road West, Project No. 3184 p Capacity(ies) Claimed by Signer@) A I 4 p ij F 4 fl Signer's Name: Patrick N. O'Day Individual 0 Corporate Officer Iitle(s): 0 Partner - 0 Limited 0 General U Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: President vere I v I I and Secretary I Signer Is Representing: O'Day Consultants, Inc. u Signer's Name: 0 Individual 0 Corporate Officer Ttle(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ii:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 1995 Natlonal Notary Assoclatlon * 8236 Remmet We.. P.O. Box 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.800- - 0 069 a ......... ..._.. " .......... .".. ...- _...."...""-.""--.".. .. """- ... " .."_ ...... "." ... "..". ""..". .... - CONSULTA NTS . .- . ..... - . -. ... - ...... - ...... .................. CERTIFICATE OF SECRETARY I, Patrick N. O'Day, the duly appointed and acting Secretary of O'Day Consultants, Inc., certifies that: Patrick N. 07.Day is the duly appointed and acting President, Secretary and Chief Financial Officer of O'Day Consultants, Inc., having being so appointed by a resolution of the Board of Directors at its last annual meeting. 1 Patrick N. O'Day, Secr 3//j/oo. i :b c. *'* IC, ., ,.'..! + .!'!.,.'. ' /*'< + ,'!, y ,$,. % ,. ? .; GI ,L: ,; y.. y 2 3 '>, C:') ~ ; b .L,.L' . ' >.c I ,.J 'r : ,C' .A : I., cj :.*x. 6) 0, e,. , { ' ;;; i i \;, !a .'. *rt . ' . ,., d f: :.i 5900 Prlsteur Ct. Civi! Engineering Suite 109 Plmning Carlsbud, Californiu 92008-731 7 l+ocessing 760-931-7700 Surveying FLIX: 760-5'31-8680 c -:I J m 2- I. I