Loading...
HomeMy WebLinkAbout2007-09-25; City Council; 19176; Agreement amendment Boyle EngineeringCITY OF CARLSBAD - AGENDA BILL AB* 19.176 MTG. 09/25/07 DEPT. ENG APPROVAL OF AMENDMENT NO. 5 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT PWENG398 WITH BOYLE ENGINEERING CORPORATION FOR THE WIDENING OF EL CAMINO REAL, NORTH OF COUGAR DRIVE PROJECT NO. 3920 DEPT. HEAD tf] 0-r^; CITY ATTY. \^^ CITY MGR. £/^— RECOMMENDED ACTION: Adopt Resolution No. 2007-251 approving Amendment No. 5 to extend the agreement 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, will expire on October 8, 2007 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 and permitting process. The right-of-way acquisition is currently underway, and the project's final design is scheduled to 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 $211,286. No additional funds are needed to complete the work. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-251 approving the extension of professional services agreement PWENG398 with Boyle Engineering Corporation for the widening of El Camino Real, north of Cougar Drive, Project No. 3920. DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eplai@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED H' D Dnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nn n n LOCATION MAP V W07 TO SCALE PROJECT NAME EL CAMINO REAL WIDENING NORTH OF COUGAR DRIVE PROJECT NUMBER 3920 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 10/2/06 C: \CAPITAL\PLAJZER\3920.DWG 1 RESOLUTION NO. 2007-251 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 5 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT 4 PWENG398 WITH BOYLE ENGINEERING CORPORATION FOR THE WIDENING OF EL CAMINO REAL, NORTH OF COUGAR 5 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 expires on October 8, 2007; 11 and 12 WHEREAS, the agreement needs to be extended to October 8, 2008 to complete these 13 improvements. 14 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. 5 to Extend the Agreement for Professional Engineering 18 Services with Boyle Engineering Corporation is hereby approved. 19 „ 20 H 21 // 22 // 23 // 24 // 25 // 26 // 27 28 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 25th day of September, 2007, by the following vote to wit: AYES: Council Members Lewis, Hall and Packard and Nygaard. NOES: None. ABSENT: None. JDE A LEWIS, Mayor ATTEST: Cu^-y ^RRAH^E M. WOGffl), City Clerk (SEAL)^ AMENDMENT NO. 5 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 Amendment No. 5 is entered into and effective as of the e*J) /t~*~ day of . 200_2_. amending the agreement dated October 8, 2003_ (the 'greement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Boyle Engineering Corporation, ("Contractor") (collectively, the "Parties") for the widening of El Camino Real north of Cougar Drive. 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. On November 7, 2006, but effective October 8, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the Agreement for one (1) year ending October 8, 2007; and D. On March 13, 2007 the Parties executed Amendment No. 4 to the Agreement to amend the scope of work to develop exhibits for Planning Commission meeting, provide technical support for the Storm Water Management Plan, and perform additional design as requested by the City; and E. The Parties desire to extend the Agreement for a period of one (1 ) year ending on October 8, 2008. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1 ) year ending on October 8, 2008 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 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 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 BOYLE ENGINEERING CORPORATION *By: CITY OF CAP corporatic BAD, a municip e State»of ' (sign here David W. liuchel. Secretary (print name/title) dhuchel@boyleengineering.com (e-mail address) l/ORRAtfUE M. MfaOD City CleVK ^ 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 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California <- County of >Q-Pu ss. On Date personally appeared e 0 before ts Name and Title of Officer (e.g., "Jane p^e, Notary Publfc") &fi \ BARBARA BARTHOIOMAE CommiMion* 1473495 NoloHY pubic-CoMomia San Dtogo Courty MyComm.E**MMar2.2«N Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose name(X)£J2tare subscribed to the within instrument and acknowledged to me thatcES'she/they executed the same in ^j^/her/their authorized capacity(b»«5, and that by CEte/her/their signature^ on the instrument the person(s!|, or the entity upon behalf of which the person(# acted, executed the instrument. WITNESS my hand and official seal. Ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /4/»te>i*^e^Tr No- 5 /»> Document Date: Signer(s) Other Than Named Above: J<3/? Number of Pages:. ">L M***««.7 //*-+ Capacity(ies) Claimed by Signer Signer's Name: ^^V? D Individual ?& Corporate Officer - Title(s): t D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: S 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I I Signer's Name:. D Individual ^Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: ian^ RIGHT THUMBPRINT OF SIGNER Top of thumb here L^f ii£ StateiifS Cou i 0(8 On^.Xip Pers 1i1 1i$ ii& 3 I ; iX i1 3 of California itvof {jr&ftofiL jss \Mr . 9-1 S00"1 before me. fyW If^Ofi 4m bn ^ , ^]cfef</ Wj«CQ Date onallv appeared L^XO I nl .^Sggav. MARtENE C. AMBRIZ &'IJ£& CommHrton* 16041 96 K*3E||D Notary PubNc-CoHtomla \€^^^/ Orange County ^^•^ My Comm.Explw* 8^>3.2009 Name and Title of Officer (e.g., "Jane D/e, Notary Public") ' Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the personOf whose name(#rj istow subscribed to the within instrument and acknowledged to me that he/the/they executed • the same in his/her/their authorized i capacity(i»*f, and that by his/betithwr signature^ on the instrument the persontrffi or the entity upon behalf of which the personj£5 acted, executed the instrument.l WITNESS my hand and official) seal. /> \"V?/" 0 a A J Y' / Signature of Notary Public J j$ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent \f$ fraudulent removal and reattachment of this form to another document. | Description of Attached Document <! Title or Tvoe of Document:! \.(kf&&M)bA' (VtU-f C»V U&A\S CZ^U -nTWO/VJ^S X !$ Doci $| Sign 1 Cap 0 jment Date: er(s) Other Than Named Above: ^ tacity(ies) Claimed by Signer Number of Paaes: OS = — •• — ~~____ !i 1% 1 1 16 1 1! 1 k1 I I I I © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsvrorth, OA 91313-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827