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Home My WebLink About2007-05-22; City Council; 19006; Agreement amendment with Testing EngineersCITY OF CARLSBAD - AGENDA BILL 19,006AB# MTG. 5/22/2007 DEPT. ENG APPROVAL OF RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR MATERIALS TESTING SERVICES WITH TESTING ENGINEERS - SAN DIEGO, INC. FOR RANCHO SANTA FE ROAD, PHASES 1 AND 2, PROJECT NOS. 3190 AND 3907 DEPT. HEAD^lL/Vv- CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2007-119 approving Ratification of Amendment No. 3 to extend and amend agreement for materials testing services with Testing Engineers - San Diego, Inc. for Rancho Santa Fe Road North, Phases 1 and 2, Project Nos. 3190 and 3907. ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project is being constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Phase 1 was recently completed and the construction of Phase 2 is expected to be completed in July 2007. The City approved the contract with Testing Engineers - San Diego, Inc. (TESD) for materials testing services for the Rancho Santa Fe Road Phase 1 and 2 projects on December 17, 2002. TESD was retained for their technical expertise and to ensure adequate staffing for a project of this size. TESD has completed an audit with Caltrans, which will allow the City to seek reimbursement for their services through federal funds for this project. The construction work effort required to support the project to date has exceeded the estimate in the original agreement with TESD, including Amendments No. 1 and 2, due to extended construction schedules and additional testing requirements. The original agreement was based on an 18-month schedule for Phase 1 and an 18-month schedule for Phase 2. The Phase 1 project was completed in 25 months and the Phase 2 schedule is now estimated to be approximately 25 months long. The construction schedules were extended due to a variety of reasons including utility conflicts, environmental restrictions, coordination with San Marcos construction projects and rainy weather. Although all work required by TESD was complete prior to expiration of the original agreement, including Amendment No. 1 and 2, invoices for work performed during the course of construction were not submitted for consideration in a timely fashion and therefore a ratification to extend the agreement is required. ENVIRONMENTAL IMPACT: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. Page 2 FISCAL IMPACT: The table below summarizes the costs for the construction of Rancho Santa Fe Road North, Project No's 3190 and 3907. Project Costs TASK DESCRIPTION Design Environmental Mitigation & Monitoring Right-of-Way Acquisition Construction, Inspection, Materials Testing & Public Relations TOTAL ESTIMATED COST APPROPRIATED TO DATE 3,728,881 3,840,405 239,799 37,230,497 $45,039,582 EXPENDITURES/ ENCUMBRANCES $3,707,749 3,830,405 239,799 36,642,575 $44,420,528 REMAINING BALANCE $21,132 10,000 0 587,922 $619,054 The costs associated with the Testing Engineers - San Diego, Inc., amendment under consideration is $17,966.00. These costs are included in the Construction, Inspection, Materials Testing & Public Relations category as shown in the table above. These funds have already been appropriated. EXHIBITS: 1. Resolution No.2007-119 approving Ratification of Amendment No. 3 for materials testing services with Testing Engineers - San Diego, Inc., for Rancho Santa Fe Road, Phases 1 and 2, Project Nos. 3190 and 3907. 2. Ratification of Amendment No. 3 to agreement for materials testing services with Testing Engineers - San Diego, Inc., for Rancho Santa Fe Road, Phases 1 and 2, Project Nos. 3190 and 3907. DEPARTMENT CONTACT: John Maashoff 760-602-2780 imaas@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D nn 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 ffyhi RESOLUTION NO. 2007-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR MATERIALS TESTING SERVICES WITH TESTING ENGINEERS - SAN DIEGO, INC. FOR RANCHO SANTA FE ROAD, PHASES 1 AND 2, PROJECT NOS. 3190 AND 3907 t WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and in the public interest to approve Ratification of Amendment No. 3 to the agreement for materials testing services with Testing Engineers - San Diego, Inc. for Rancho Santa Fe Road, Phases 1 and 2, Project Nos. 3190 and 3907; and WHEREAS, the contractor, Testing Engineers - San Diego, Inc. possesses the necessary skills and qualifications to provide the services described above; and WHEREAS, Ratification of Amendment No. 3 to the agreement with Testing Engineers - San Diego, Inc. has been prepared and submitted hereto. 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 the Ratification of Amendment No. 3 to the agreement for materials testing services with Testing Engineers - San Diego, Inc., for Rancho Santa Fe Road, Phases 1 and 2, Project Nos. 3190 and 3907 is hereby approved and the Mayor is authorized and directed to execute said Ratification of Amendment to Agreement. 3. The City Clerk is authorized and directed to forward copies of the signed Ratification of Amendment No. 3 to Testing Engineers - San Diego, Inc., and the Engineering Department. 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 22nd day of May 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Nygaard NOES: None ABSENT: Council Member Packard ATTEST: s LORRAINE M. WOOD, City Clerk (SEAL) RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CONSTRUCTION MATERIALS ACCEPTANCE AND QUALITY ASSURANCE TESTING SERVICES FOR PROJECT 3190/HP21STPL-5308(014) & STPLF- 5308(007), RANCHO SANTA FE ROAD NORTH REALIGNMENT AND WIDENING (TESTING ENGINEERS - SAN DIEGO, INC.) This Ratification of Amendment No. 3 is entered into as of the oAj day of , 2007, but effective as of the 30™ day of December, 2006, extening and amending the agreement dated December 30, 2002 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and TESTING ENGINEERS - SAN DIEGO, INC., ("Contractor") (collectively, the "Parties") for construction materials acceptance and quality assurance testing services for Project No. 3190/HP21 STPL-5308(014) & STPLF-5308(007), Rancho Santa Fe Road North Realignment and Widening. RECITALS A. On April 21, 2005, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to increase the allowable contract amount by $155,000, for a total contract amount of $555,000 (AB 18,034; RESO 2005-082); and B. On April 13, 2006, the Parties executed Amendment No. 2 to the Agreement to alter the Agreement's scope of work to increase the allowable contract amount by $96,000 for a total contract amount of $651 ,000; and C. The Agreement, as amended from time to time expired on December 30, 2006 and Contractor continued to work on the services specified therein without the benefit of an agreement. C. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of 90 days and increase the allowable contract amount by $17,996 for a total contract amount of $668,996. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of 90 days ending on March 30, 2007 on a time and materials basis not to exceed six hundred sixty eight thousand nine hundred and ninety six dollars ($668,996). Contractor will 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. 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. l:\Administration\Contracts & Agreements\Agreements\2007 Agreements\Ratification of Extension & AmendmenttRatification of Amendment No. 3 for Testing Services on RSF Rd. 3190-3508(TESD) - Mr. Maashoff.doc 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 CITY OF CARLSBAD, a corporatfibryftf the r trv p * ^A. Lewis, Mayor ATTEST: (e-mail address) "By:LORRAINE M. City Clerk /(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 C:\DOCUME~1\volin.AME\LOCALS~1\Temp\notesE1EF34\Ratification of Amendment No. 3 for Testing Services on RSF Rd. 3190-3508(TESD) - Mr. Maashoff.doc City Attorney Approved Version #05.22..01 2 EXHIBIT "A" Hourly Rates (FEE) PROFESSIONAL ENGINEERING STAFF Hourly Rate Principal Engineer $122.10 Project Engineer / Geologist / Architect $94.35 Staff Engineer / Geologist / Architect $72.15 INSPECTION SERVICES & QUALITY CONTROL & QUALITY ASSURANCE Independent Quality Assurance Sampler & Tester $94.35 Soil Technician includes nuclear gauge or mobile laboratory $72.71 Registered Special Inspector (concrete, masonry, welding, post $68.27 tensioned concrete, piles, fireproofing) ACI Technician / Field Technician $68.27 Senior Construction Inspector* $88.80 Associate Construction Inspector * $83.25 Construction Inspector* $77.70 * Includes a cell or mobile phone and a laptop computer. NON-DESTRUCTIVE TESTING SERVICES Non-destructive Testing Inspector (ultrasonic, magnetic $72.71 particle, dye penetrate) SPECIAL SERVICES Anchor Pull Tests - up to 30 tons $72.71 Batch Plant Inspector $68.27 Coring / Sawing Operator & Equipment $101.57 Reinforcing Steel Location $77.70 SUPPORT SERVICES Pickup/Delivery (per trip within San Diego County) $33.30 Processing Prevailing Wage Payroll (per week) $27.75 AMENDMENT NO. 3 TO AGREEMENT FOR CONSTRUCTION MATERIALS ACCEPTANCE AND QUALITY ASSURANCE TESTING SERVICES FOR PROJECT 3190/HP21STPL-5308(014) & STPLF-5308(007), RANCHO SANTA FE ROAD NORTH REALIGNMENT AND WIDENING (TESTING ENGINEERS - SAN DIEGO, INC.) l:\Administration\Contracts & Agreements\Agreements\2007 Agreements\Ratification of Extension & Amendment\Ratification of Amendment No. 3 for Testing Services on RSF Rd. 3190-3508(TESD) - Mr. Maashoff.doc City Attorney Approved Version #05.22..01 3