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WITHDRAWN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
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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.
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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