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HomeMy WebLinkAbout2008-09-09; City Council; 19558; Contract amendment to extend Agreement PWENG398 with Boyle Engineering Corporatiion for Widening of El Camino Real North of Cougar Drive Project No. 3920CITY OF CARLSBAD - AGENDA BILL\^^ AB# 19,558 MTG. 9/09/08 DEPT. ENG APPROVAL OF AMENDMENT NO. 6 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 Stf DEPT. HEAD ^\^ CITY ATTY. (£^ CITYMGR. //>— -IA^ RECOMMENDED ACTION: Adopt Resolution No. 2008-244 approving Amendment No. 6 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, 2008 with no available extensions. The design phase of the project has been completed and construction awarded on July 15, 2008 with Agenda Bill No. 19,517. The original contract with Boyle Engineering Corporation includes services during construction. An extension of the original contract is needed to utilize this portion of the contract past the current contract expiration date. ENVIRONMENTAL IMPACT: The items of work in the existing agreement include the preparation of technical studies, design drawings, environmental documents and review of construction submittals and requests-for-information 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. 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. Amendment No. 6 to Extend the Professional Services Agreement with Boyle Engineering Corporation for the Widening of El Camino Real North of Cougar Drive, Project No. 3920. 3. Resolution No. 2008-244 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 C/7Y CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D LOCATION MAP NOT TO SCALE PROJECT NAME EL CAMINO REAL WIDENING NORTH OF COUGAR DRIVE PROJECT NUMBER 3920 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 10/2/06 C: \CAPITAL\PLMZER\3920.Dm PWENG398 AMENDMENT NO. 6 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) TJiis Amendment No. 6 is entered into and effective as of the // day of t*r* LjuU 200Jd, amending the agreement 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") for the widening of El Camino Real north of Cougar Drive. RECITALS A. On September 27, 2004, the Parties executed Amendment No. ^ 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. On September 26, 2007, the Parties executed Amendment No. 5 to the extend the Agreement for one (1) year ending October 8, 2008; and F. The Parties desire to extend the Agreement for a period of one (1) year ending on October 8, 2009. 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, 2009. 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 PWENG398 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 (sign here) ror (e-mail address) *By:^ >„&!. LORRAINE Oity Clerk JL0 A^ (sign'here) 7 (print name/titfe) res. \J (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 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On before me, l\AlV Vg A£bTft £ personally appeared 'T)£\U 1. Q 4-Tli Cn gi (Here insert name and title of the officer) 6( ffic Pd fr 1 1 who proved to me on the basis of satisfactory evidence to be the personj^Twhose namej^ is/ar6 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bet/tkeir authorized capaciry(J£sf, and that by his/her/their signature^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal)Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT / v r i> M^ /i y I ' v_; '-i y.j* f-^^^j • ("title or description of attathed docurtdnt) (Title or description of attached document continued) Number of Pages 3 Document Date^l^ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) M Corporate Officer (Title) V D Partner(s) D Attorney-in-Fact D Trustee(s) D Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). 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If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •5* Indicate title or type of attached document, number of pages and date. •J* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com ORIGINAL D CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 2c*^ P/CfrQ On S-ljl^lc^ Date personally appeared before me, Here Insert Name angVritle of the Office/ Name{s) orsigner(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personal whose name^jgtere subscribed to the within instrument and acknowledged to me that (fijl/she/they executed the same in<fjis!'her/t.heir authorized capacity(ipe), and that by<fiis/her/their signature^) on the instrument the person^, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. OPTIONAL - ^Signaturature of Notary Public 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: _ Document Date: f£>. 7 . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) w£i ^ ffae.fkr£ire, 7^-.Signer's Name: ^ D Individual ,• * a^Corporate Officer — Title(s): ^ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 ORIGINAL <P RESOLUTION NO. ZU08-244 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 6 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT 4 PWENG398 WITH BOYLE ENGINEERING CORPORATION FOR THE WIDENING OF EL CAMINO REAL, NORTH OF 5 COUGAR DRIVE. PROJECT NO. 3920. 6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to improve El Camino Real, north of Cougar Drive, Project No. 3920; and WHEREAS, the current agreement PWENG398 for professional engineering services with Boyle Engineering Corporation to develop these improvements expires on October 8, 2008; 11 and 12 WHEREAS, the agreement needs to be extended to October 8, 2009 to complete these improvements. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 15 California, as follows: 16 1. That the above recitations are true and correct. 2. That Amendment No. 6 to Extend the Agreement for Professional Engineering 18 Services with Boyle Engineering Corporation is hereby approved. 19 /// 20 ///21 /// 22 /// 23 /// 24 /// 25 ///26 /// 27 /// 28 ' 1 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 9th day of September, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None.