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HomeMy WebLinkAbout2006-11-07; City Council; 18778; Amendment to agreement: Boyle EngineeringCITY OF CARLSBAD - AGENDA BILL AB# 18,778 MTG. 11/07/06 DEPT. ENG APPROVAL TO EXTEND AND RATIFY AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT PWENG398 WITH BOYLE ENGINEERING CORPORATION FOR THE WIDENING OF EL CAMINO REAL, NORTH OF COUGAR DRIVE PROJECT NO. 3920 DEPT. HEAD j^ 6#T CITYATTY. V fa CITY MGR. "TH>><3Su- RECOMMENDED ACTION: Adopt Resolution No. 2006-314 approving Amendment No. 3 to extend the agreement and ratify the extension for professional engineering services with Boyle Engineering Corporation for the widening of El Camino Real, north of Cougar Drive, Project No. 3920. ITEM EXPLANATION: The agreement for the engineering services to design improvements for the widening of El Camino Real, north of Cougar Drive, expired on October 8, 2006 with no available extensions. The project is taking longer than expected due to extended negotiations with the property owner for necessary right-of-way acquisition. The right-of-way acquisition is currently underway, and the project should be completed in the coming months. ENVIRONMENTAL IMPACT: The items of work in the existing agreement include the preparation of technical studies, design drawings, and environmental documents for the project. According to CEQA, this work is defined as Class 6, Information Collection, and is categorically exempt. Environmental documentation in the form of a Mitigated Negative Declaration has been prepared for the project itself. FISCAL IMPACT: The existing agreement for PWENG398 is for $198,386. No additional funds are needed to complete the work. EXHIBITS: 1. Location Map. 2. Resolution No. 2006-314 approving and authorizing the extension and ratification of professional services agreement PWENG398 with Boyle Engineering Corporation for the widening of El Camino Real, north of Cougar Drive, Project No. 3920. 3. Ratification of Amendment No. 3 to extend the agreement for professional engineering services with Boyle Engineering Corporation. DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eplai@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dn D D LOCATION MAP NOT TO SCALE PROJECT NAME EL CAMINO REAL WIDENING NORTH OF COUGARDRIVE PROJECT NUMBER 3920 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 10/2/06 C: \CAPITAL\PLAJZER\3920.DWG 1 RESOLUTION NO. 2006-314 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE, EXTEND, AND RATIFY AMENDMENT NO. 3 TO PROFESSIONAL SERVICES 4 AGREEMENT PWENG398 WITH BOYLE ENGINEERING CORPORATION FOR THE WIDENING OF EL CAMINO REAL, 5 NORTH OF COUGAR DRIVE. PROJECT NO. 3920. 6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 7 necessary and in the public interest to improve El Camino Real, north of Cougar Drive, Project No. 8 3920; and 9 WHEREAS, the current agreement PWENG398 for professional engineering services 10 with Boyle Engineering Corporation to develop these improvements expired on October 8, 2006; 11 and 12 WHEREAS, the agreement needs to be extended to October 8, 2007 to complete these 1 3 improvements. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 15 California, as follows: 1 R10 1. That the above recitations are true and correct. 2. That Amendment No. 3 to Extend the Agreement for Professional Engineering 1fi Services with Boyle Engineering Corporation is hereby ratified and approved. 19 „ 20 „ 21 // 22 // 23 // 24 // 25 // 26 „ 27 28 A 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Packard, Sigafoose NOES: None ABSENT: Council Member Kulchin ATTEST: JiL A. , LORRAINE M. WOOD, City Clerk (SEAL) PWENG398 RATIFICATION OF AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE WIDENING OF EL CAMINO REAL NORTH OF COUGAR DRIVE, PROJECT NO. 3920 (BOYLE ENGINEERING CORPORATION) This Ratification of Amendment No. 3 is entered into on 7. 2006, but effective October 8, 2006, extending the underlying initial agreement between the Parties dated October 8, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Boyle Engineering Corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On September 27, 2004 the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for one (1) year ending October 8, 2005; and B. On January 3, 2006 but effective October 8, 2005 the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year ending October 8, 2006; and C. The Agreement, as amended from time to time expired on October 8, 2006 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 October 8, 2007. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 3 to the Agreement is hereby retroactively approved and the Agreement is hereby extended for a period of one (1) year, ending on October 8, 2007. 2. 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 5 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) RLSBAD, a muniq ofths^StalSof Jr. l/P (print name/title)ATTEST: (sign here; David W. Huchel. Esq., Secretary (print name/title) dhuchelQboy leengineering. com (e-mail address) If required by City, 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorne' City Attorney Approved Version #04.11.01