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Home My WebLink About2000-05-09; City Council; 15721; Cannon Road West Construction Support Servicesa B f APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION SUPPORT FOR CANNON ROAD WEST, DEPT. ENG PROJECT NO. 3184, TO ALLOW FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES RECOMMENDED ACTION: Adopt Resolution No. 2000-139 approvin Amendment No. 2 to Agreement for Desi n Services and Construction Support for Cannon Road d est with O’Day Consultants., Inc., Project If o. 3184. ITEM EXPLANATION: The City Council approved the selection of O’Day Consultants, Inc., in a regular meeting held April 9, 1996 for civil engineering desi estimates for Cannon Road West. 0 % n services for the improvement plans, specifications and cost a Consultants, Inc., was selected as the best qualified firm to perform the needed work from those rrms that responded to the City’s request for statement of Y % t ualifications. That agreement was rescinded April 15! 1997 and replaced with a design agreement at added the bridge design engineer and geotechnrcal engineer to the O’Day Contract. The City Council entered into this agreement April 22, 1997 with O’Day Consultants, Inc. Amendments to the April 22, 1997 agreement were necessary during the design process to incorporate requirements of the resource agency permits, San Diego Gas and Electric requirements, design changes to accommodate adjacent property owners and construction phasing. Several additional a reements with O’Day Consultants, Inc., were entered into during the construction phase o 9 the project. An a reement was entered Into May 24, 1999 for construction support. This agreement was amende % July 13, 1999 to increase the fee and scope of work. Cannon Road West remains under construction and additional support services from the original designer are required. These services include: attendin servrces, responses to Requests for Information, review o 9 meetin s with the contractor, survey technica B construction changes necessitated by unforeseen conditions. shop drawings and submittals, Staff recommends approval of this second amendment because O’Day Consultants, Inc., is the civil engineer of record, they have intimate familiarity with the project and current issues and they have been working on the project consistently throughout the last five years. ENVIRONMENTAL IMPACT: The Planning Director has determined that the requested action is consistent with prior CEQA review. The project was reviewed in the Cannon Road Reach 1 Environmental Impact Report, the Kelly Ranch Environmental Impact Report and the Miti Significant environmental impacts identified by those C % ated Negative Declaration for Reach 2. QA documents were determined to be mitigable to levels of less than significant. Permits from the resource agencies have been obtained. FISCAL IMPACT: It is estimated that the additional construction support services will cost $15,000. The total of the current agreement is $22,900. Approval of this amendment will bring the contract total to $37,900. Previous a Table 1. # Su reements with O’Day Consultants, Inc., for Cannon Road West are summarized in rcient funds are available in the Cannon Road West project account EXHIBITS: 1. Location Map. 2. Table 1: Summary of O’Day Consultants, Inc., Cannon Road West Agreements. 3. Resolution No. 2000-139 approving Amendment No. 2 to Agreement for Design Services and Construction Support for Cannon Road West, Project No. 3184. 4. Amendment No. 2 to Agreement for Design Services and Construction Support for Cannon Road West, Project No. 3184. A . LOCATION MAP PROJECT NAME pNFfOsJ;‘& EXHIBIT CANNON ROAD WEST 3184 1 h wlt3lT 2 Agreement for Aerial Survey Original Agreement Rescind Original Agreement and Replace with Combined Agreement Amendment No. 1 Extension and Amendment No. 2 TABLE 1 SUMMARY OF O’DAY CONSULTANTS, INC. CANNON ROAD WEST AGREEMENTS DATE “’ March, 1996 April 9, 1996 April 22, 1997 November 4,1997 May II,1998 Professional Services June 19,1998 < Pro;essional Services August 27, 1998 Agreement Professional Services August 27, 1998 Agreement Professional Services Agreement August 27,1998 Professional Services Agreement February 51999 Agreement for Design Services and Construction Support Amendment No. 1 Amendment No.2 May 24,1999 Julv 13. 1999 Pending City > , ,,, > FDESCRI~TIOW Perform aerial topographic survey for Cannon Road West Design Cannon Road West Design Cannon Road West and add McDaniel Engineering (Bridge) and Woodward-Clyde (Geotechnical Engineer) Design changes to comply with resource agency permit requirements, addition to comply with SDG&E requirements, revision to plans to provide separate grading plan for Cannon Road West Reach 1 - . Design of Wetland revegetation Planting and Irrigation Plan and plan revisions to comply with resource agency requirements. Incorporate plan revisions to accommodate the inclusion of Faraday Avenue, incorporate additional SDG&E revisions Construction change to shorten free right turn lane on El Camino Real to west-bound Cannon Road Preparation of a mitigation grading plan for additional acreage required by the California Coastal Commission and preparation of documents for SDG&E Joint Use Agreement Construction support services - attend meetings with contractors, respond to requests for information, process plan changes, review shop drawings Deletion of Improvements on Robertson Ranch frontage on El Camino Real after Robertsons declined to dedicate land. Easement preparation as required by CMWD Construction support services Additional construction support services ,, ,i , : : ’ ; :’ :, j_ 1; : ,, ;; ,-EEj ij.‘:, .:, $22,700 $425,883 %E% , $90,521 $35,656 $9,990 $3,900 $7,480 $5,000 $10,000 $2,900 $20,000 $15,000 $7j#g”fi(jq Note 1: The original agreement was for $425,883, a total of $108,281 was charged prior to rescinding the agreement and moving the remaining balance to the new agreement. 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27( 28 II RESOLUTION NO. 2000-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO CONSULTANT AGREEMENT WITH O’DAY CONSULTANTS, INC., FOR DESIGN SERVICES AND CONSTRUCTION SUPPORT FOR CANNON ROAD WEST, PROJECT NO. 3184. WHEREAS, the City Council of the City of Carlsbad has reviewed the need for additional construction support services for the Cannon Road West project; and WHEREAS, the City Council selected O’Day Consultants, Inc., for civil design services for the Cannon Road West project; and WHEREAS, O’Day Consultants, Inc. has been working consistently on the Cannon Road West project for the last five years and are intimately familiar with the project, making them uniquely qualified to perform additional support and design services for the Cannon Road West project. NOW,’ THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 2 to the consultant agreement with O’Day Consultants, Inc., for additional design services and construction support as described in the attached amendment is hereby approved and the Mayor is hereby authorized and directed to execute said amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of May ,200O by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin mRRAIf$ M. WOOD, City Clerk (SEAL) 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 I 2OOL, 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. 3184); 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: 1. Contractor shall provide services as outlined on Exhibit “B”, an attachment to Extension and Amendment No. 1 to the Agreement. 2/2/98 h 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 Patrick N. O’Dav/President Patrick N. 0’DavBecretar-v (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: &-.* City Manager et+eyor 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(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: p&?%?!&& e Deputy City Attorney 212198 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California county of San Diego On February 18, 2000 before me, Teri Hayes, Notary Public , Date Name and Title of OfRicer (e.g.. ‘Jans Doe, Notary Public-) personally appeared Patrick N. O'Day , Name(s~ 01 .Sqnsr@J El personally known to me - 8K~~factery~ to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh&hey executed the same in his+herBe+authoiized capacity(iee), and that by ‘rsignature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, Izhe instrument. WITNESS my hand and official seal. h ctanrcc, u signehIm d N&-y Public OPTIONAL Though tha information below is not raquirad by law. it may prove valuable lo parsons mlying on the document and could prevent fraudulent removal and nHI%fChment of this four lo another document Description of Attached Document Title or Type of Document: Amendment No. 2 to Agreement for Design Services and Construction Support for Cannon Road West, Project No. 3184 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer'sName: Patrick N. O'Day Cl Individual Cl Corporate Officer Title(s): 0 Partner - Cl Limited 0 General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator q Other: President and Secretary Signer Is Representing: O'Day Consultants, Inc. Top of thumb here Signer’s Name: Cl Individual Cl Corporate Officer Title(s): Cl Partner - 0 Limited 0 General 0 Attorney-in-Fact Cl Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1995 Nalmal Nolary Assoc~al~on * 6236 Remmet Ave.. PO. 80% 7184 *Canoga Park. CA 91309-7164 Prod. ND. 5907 Reorder: Call Toll.Free 1-800-676-6627 ._ _ __ _ .._ . CONSLJLTA CERTIFICATE OF SECRETARY I, Patrick N. O’Day, the duly appointed and acting Secretary Inc., certifies that: of O’Day Consultants, Patrick N. O’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. SYOO Posteur Ct. Civi! Eqineering Suite 100 Curlsbad, California 92008-7317 760-931-7700 FLIX: 760-931-8680 Phnning Prncessing Surveying c -..;1. -I...d3-J,. .--e..-. I . . . . . . . ^-_-- May l&2000 O’Day Consultants, Inc. Patrick N. O’Day, President 5900 Pasteur Ct., Suite 100 Carlsbad, CA 92008-73 17 RE: AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION SUPPORT FOR CANNON ROAD WEST, PROJECT NO. 3184 At the meeting of May 9,2000, the Carlsbad City Council adopted Resolution No. 2000-139, approving the above referenced agreement. Enclosed for your record is a copy of Resolution No. 2000-139, as well as a fully executed agreement for your files. If you have questions concerning the contract, please contact Sherri Howard, in Engineering, at 602-2756. Dee Uhich Offrce of the Carlsbad City Clerk Enclosures (2) 1200 Carlsbad Village Drive l Carlsbad, CA 92008-1989 - (760) 434-2808 @