HomeMy WebLinkAbout2004-01-13; City Council; 17454; Amendment to Agreement with Galen N PetersonCITY OF CARLSBAD -AGENDA BILL
IB# 17,454
IIITG. 1/13/04
IEPT. ENG
TITLE: APPROVAL OF AMENDMENT NO. 4 TO
PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GALEN N. PETERSON, CONSULTING ENGINEER
DEPT. HD.
CITY ATTY. @
CITY MGR.
Adopt Resolution No. 2004-009
Services Agreement with Galen N. Peterson, Consulting Engineer.
approving Amendment No. 4 to Professional Engineering
ITEM EXPLANATION:
The Engineering Department seeks to amend an existing professional engineering services
agreement with Galen N. Peterson, Consulting Engineer to increase the annual spending limit.
On December 11, 2000, the City Council approved a contract with Galen N. Peterson for an annual
limit of $150,000 and provided for three one year extensions. Staff uses the services offered under
this agreement to assist them on an as-needed basis with assessment engineering, facility
financing, review and recommendation on cost reports and engineering studies and, for project
management.
Project activity on assessment districts and facility financing programs has been high over the past
year. Although the contract period coincides with the fiscal year, encumbered funds from several
task orders issued during the last fiscal year were rolled into the current fiscal year. Combined with
the encumbrances for task orders issued during the current fiscal year, the contractual limit is nearly
exhausted. Staff has a need to issue additional task orders to perform segregation services on the
newly formed assessment districts and to complete audits for work done on existing bridge and
thoroughfare districts. Staff is therefore recommending Council authorization on a $50,000 increase
for a total annual limit of $200,000 for the Galen N. Peterson contract.
ENVIRONMENTAL REVIEW:
None.
FISCAL IMPACT:
Cost for the professional engineering services provided through the Galen N. Peterson contract will
be charged to developer deposits or to the various capital projects as part of existing project
appropriations.
EXHIBITS:
1. Resolution No. 2004-009 approving Amendment No. 4 to Professional Engineering
Services Agreement with Galen N. Peterson, Consulting Engineer.
2. Amendment No. 4 to Agreement for Professional Engineering Services (Galen N. Peterson).
DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO
PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GALEN N. PETERSON, CONSULTING ENGINEER.
WHEREAS, the City Council of the City of Carlsbad, California, previously approved a
professional engineering services contract with Galen N. Peterson, Consulting Engineer,
on December 1 1,2000 ("the Contract"); and
WHEREAS, pursuant to the terms of the Contract, the Contract has been extended by
amendment for three additional one year periods; and
WHEREAS, the City Council finds that there is a need to increase the annual payment
limit by $50,000 to a total annual limit of $200,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as
To Ilows:
1.
2.
That the above recitations are true and correct.
That the Mayor of the City of Carlsbad is authorized and directed to execute
Amendment No. 4 to the Contract increasing the annual payment limit by $50,000 to a total
annuat'limit of $200,000.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 13th day of January , 2004 by the following vote, to wit:
AYES:council Members Lewis, Finnila, Kulchin, Hall and Packard
4TTEST:
(SEAL)
2
AMENDMENT NO. 4 TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
(GALEN N. PETERSON)
This Amendment No. 4 is entered into and effective as of the day of
200-, amending the agreement dated December 11, 2000
(the “Agreement”) by and between the City of Carlsbad, a municipal corporation,
(“City”), and Galen N. Peterson, (“Contractor“) (collectively, the “Parties”) for
Professional Engineering Services.
RECITALS
A. On May 21, 2001, the Parties executed Amendment No.1 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2002; and
B. On June 11, 2002, the Parties executed Amendment No. 2 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2003; and
C. On June 17, 2003, the Parties executed Amendment No. 3 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2004; and
D. The Parties desire to alter the Agreement’s fees to be paid to the
Contractor increasing the not-to-exceed amount from $1 50,000 to $200,000.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work associated with those services
described in the original Agreement in an amount not-to-exceed two hundred thousand
dollars ($200,000) per fiscal year. The amount in Sections 4 and 5 of the Agreement
are hereby revised from $150,000 dollars per fiscal year to $200,000 per fiscal year.
2. Contractor will complete all work under this Agreement by June 30,
2004.
3. All other provisions of the Agreement, as may have been amended
from time to time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by Contractor
pursuant to the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
City Attorney Approved Version #05.22.01
1
3
5. 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
GALEN N. PETERSON
DIdA-2 (print namehitle)
**By:
(sign he\
(print namehitle)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor
ATTEST:
LORRAINE M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.22.01
2
4-
State of California )
)
County of San Diego )
On, December 2, 2003, before me, Belinda R. Guzman, Notary Public, personally
appeared Galen N. Peterson, personally known me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
.t
- (This area for
official notary seal)
Title or Type of Document Amendment No. 4 To Agreement for Professional Engineering
Services (Galen N. Peterson)
Date of Document 12-02-03 No. of Pages 2
Signer(s) other than named above None
AMENDMENT NO. 4 TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
(GALEN N. PETERSON)
This Amendment No. 4 is entered into and effective as of the 15" day of
5qnzat-y , ZOO*, amending the agreement dated December 11, 2000
(the "Agreement") by and between the City of Carlsbad, a municipal corporation,
("City"), and Galen N. Peterson, ("Contractor") (collectively, the "Parties") for
Professional Engineering Services.
RECITALS
A. On May 21, 2001, the Parties executed Amendment No.1 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2002; and
B. On June 11, 2002, the Parties executed Amendment No. 2 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2003; and
C. On June 17, 2003, the Parties executed Amendment No. 3 to the
Agreement to extend the term of the Agreement for one (1) year ending on June 30,
2004; and
D. The Parties desire to alter the Agreement's fees to be paid to the
Contractor increasing the not-to-exceed amount from $1 50,000 to $200,000.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work associated with those services
described in the original Agreement in an amount not-to-exceed two hundred thousand
dollars ($200,000) per fiscal year. The amount in Sections 4 and 5 of the Agreement
are hereby revised from $150,000 dollars per fiscal year to $200,000 per fiscal year.
2. Contractor will complete all work under this Agreement by June 30,
2004.
3. All other provisions of the Agreement, as may have been amended
from time to time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by Contractor
pursuant to the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
City Attorney Approved Version #05.22.01
1
5. 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
GALEN N. PETERSON
(print namehitle) ATTEST:
**By:
(print namekitle)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. 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, Ass istan t Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must atkh a r solution certified by the secretary or assistar.. secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RON-. BALL, City Attorney
By: " Delwct)LCity Attorney
City Attorney Approved Version #05.22.01
2
State of California
County of San Diego
On, December 2, 2J3, before me, Belinda R. Guzman, P.Jtary Public, personally
appeared Galen N. Peterson, personally known me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
w I' TNESS my hand and official seal
~ Signature of Notary
(This area for
official notary seal)
Title or Type of Document Amendment No. 4 To Agreement for Professional Engineering
Services (Galen N. Peterson)
Date of Document 12-02-03 No. of Pages 2
Signer(s) other than named above None