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HomeMy WebLinkAbout2008-09-16; City Council; 19570; Amendment No 5 to Extend and Amend Agreement PWENG500 with Bureau Veritas North America Inc for El Camino Real Widening between Tamarack Ave and Chestnut Ave Project No 3957CITY OF CARLSBAD - AGENDA BILL 19.570AB# MTG. 9/16/08 DEPT. ENG APPROVAL OF AMENDMENT NO. 5 TO EXTEND AND AMEND THE PROFESSIONAL SERVICES AGREEMENT PWENG500 WITH BUREAU VERITAS NORTH AMERICA, INC., FOR THE EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 DEPT. HEAD CITY ATTY. * CITY MGR. (/>—-" RECOMMENDED ACTION: Adopt Resolution No. 2008-256 approving Amendment No. 5 to extend and amend the agreement with Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. ITEM EXPLANATION: The agreement for the engineering services to design improvements for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue, will expire on November 18, 2008, with no available extensions. The project is taking longer than expected due to unanticipated complications in the preparation of the documents to meet California Environmental Quality Act (CEQA) requirements and environmental permitting process. The final design and right-of-way acquisition is currently underway, and the project's final design is scheduled to be completed in the coming months. The scope of the project has also increased to include the redesign of the intersection of El Camino Real and Chestnut Avenue. This resulted in need for additional survey support, field reconnaissance for traffic control, and revisions to the environmental permits and the mitigated negative declaration. In addition, an analysis of available retaining wall options needs to be performed to lower the impacts to the steep slopes along the project alignment. ENVIRONMENTAL IMPACT: The environmental analysis for this project has been completed pursuant to the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration (MND) has been prepared and a Notice of Intent to adopt was published in the newspaper November 1, 2007 with a 30-day comment period. This component of the project, which includes the preparation of technical studies, design drawings, and environmental documents, is categorically exempt from the review process of CEQA per Section 15306 - Information Collection. FISCAL IMPACT: The existing agreement for PWENG500 is for $848,781. Additional funds in the amount of $33,560 are needed to complete the additional work as described above. The increased total of the agreement will be $882,341. Sufficient funds have been appropriated for this project. This project is funded with traffic impact fees. EXHIBITS: 1. Location Map. 2. Resolution No. 2008-256 approving Amendment No. 5 to extend and amend the agreement with Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. 3. Anendnent No. 5 to ^reemsnt with Bureau Veritas North Anerica, Inc. DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eplai@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED B D Dnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES naaa LOCATION MAP NOT TO SCALE PROJECT NAME EL CAMINO REAL ROAD WIDENING TAMARACK AVENUE TO CHESTNUT AVENUE PROJECT NUMBER 3957 EXHIBIT 1 SAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/18/08 C:\CAPITAL\pLAJZER\3957.DWG 1 RESOLUTION NO. 2008-256 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 5 3 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT PWENG500 WITH BUREAU VERITAS NORTH AMERICA, INC., 4 FOR THE EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT 5 NO. 3957. 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 between Tamarack Avenue and 8 Chestnut Avenue, Project No. 3957; and 9 WHEREAS, the current agreement, PWENG500 for professional engineering services with Bureau Veritas North America, Inc., to design these improvements expires on November 18, 2008; and WHEREAS, the agreement needs to be extended to November 18, 2009, to complete the design of these improvements; and WHEREAS, the agreement needs to be amended to increase the scope of work to 15 include additional services associated with the improvements of the intersection of El Camino Real 16 and Chestnut Avenue; and WHEREAS, the amount of the agreement needs to be increased to $882,341 reflecting 18 an increase of $33,560 to the original agreement; and 19 WHEREAS, there are sufficient funds appropriated for Project No. 39571. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1 . That the above recitations are true and correct. 23 2. That Amendment No. 5 to Amend and Extend the Agreement for Professional 24 Engineering Services with Bureau Veritas North America, Inc., is hereby approved. 25 3. That the agreement amount is increased by $33,560 to $882,341 . 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 16th day of September, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: L&RRAIN (SEAL) PWENG500 AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 5 is entered into and effective as of the / /^ day of _, 200 8 . extending and amending the agreement dated November 18, 2005 (the Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; and E. On September 12, 2007 the Parties executed Amendment No. 4 to the Agreement to extend the agreement for a period of one (1) year; and F. The Parties desire to alter the Agreement's scope of work to perform additional field reconnaissance for traffic control; provide survey support for Chestnut Avenue intersection design; prepare retaining wall alternatives report; revise wetland applications to ACOE, CDFG and RWQCB; and prepare an MND Summary memorandum; and G. The Parties desire to extend the Agreement for a period of one (1) year, and H. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. 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 November 18, 2009. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". City Attorney Approved Version #05.22.01 t> PWENG500 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed thirty three thousand five hundred sixty dollars ($33,560). 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. 4. Contractor will complete all work described in Exhibit "A" by November 18, 2009. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. 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 (9 PWENG500 7. 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation *By: (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 Attorrjsy City Attorney Approved Version #05.22.01 State of Florida County of Broward On August 25. 2008 (date) before me, Michelle Lopez (person taking acknowledgment), personally appeared Luis Damasceno. Chief Financial Officer and Treasurer (name and title of officer) of Bureau Veritas North America. Inc. (name of corporation), a Delaware (state or place of incorporation) corporation, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. .(Signature of Notary Public) _(Print Name) My Commission Expires September 21. 2008 O lichelle Lopez ^T#", MICHELLE LOPEZ /W&$\ Notary Public - State of Florida HMyCornrnlsstonExptesSep21,2008 '? Commission # DD 357009 Bonded By National Notary Assn. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on Augustt 2$, Date personally appeared efore me. Here Insert N KtiflOtl htfl ^ Naftie(s) of Signer(s)i*/ Tite of the Officer 1JUUE WOOWNH Commotion * 17S22M Moton/ PuMte - CflNfOfnta § tan Dfego County * Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose name(g) is/ac^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bef/tljeTr authorized capacity(iea), and that by his/bef/tbeir signature(s} on the instrument the person(3jf, 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 hajnj and official seal. Signature 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: Document Date: ?djU Q{ . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _ 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: RIGHTTHUMBPRINT 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 Reorder: Call Toll-Free 1 -800-876-6827 °\ EXHIBIT A El Camino Real Contract Change Order No. 3 August 11, 2008 The following Change Order addresses out of scope traffic, engineering, structural and environmental items needed to complete the project as described below: TASKm. 001 TASK DESCRIPTION DELIVERABLES Field Reconaissance for Traffic Control Transitions will occur at the intersection at Chestnut and Tamarack prior to entering the work zone which is not contained in the current topography for the project. LLG will supplement the insufficient topography and base mapping required to complete the traffic control transitions north of Chestnut and south of Tamarack. Research record drawings for as-built conditions at each intersection, site visit(s) to determine field conditions to complete the original topography for the traffic control plans. 001 • Data Research • Field visits (2 max) • CAD incorporation Chestnut Design - Additional Survey Support The following tasks were not included in the initial effort to set up the project's surface model as Optional Task 040 (Reconfiguration of Chestnut/El Camino Real Intersection) was authorized after the inital set up. These tasks were not included in Task 040 but are required to complete the Chesnut Intersection design: Coordinate with surveying company on location of additional topography. Prepare survey exhibit detailing extent of survey shots required for design. Import new survey points into existing digital terrain model, rebuild existing condition surface model and revise existing contours to reflect the new survey. 003 . Field Visit • Survey Exhibit • Updated surface model and contours Retaining Wall Alternatives Report Simon Wong will prepare a retaining wall alternatives analysis report identifying at least two wall types for each of the six project alternatives. The report will include quantity calculations, cost estimates, constructability analysis, and recommendations for most cost-effective wall type and alignment. Research wall facing alternatives, provide example photographs, and coordinate with potential architectural shotcrete contractors. • Retaining wall alternatives cost analysis report • Research wall facing alternatives PJ16764 B Carrino ReakMS Wort Ffc*CCOCCO3CCO3 - ExhU A - 0>-11-08.doc Pagel EXHIBIT A 004 Revise Wetlands Applications Dudek has partially completed preparation of applications for a Section 404 Nationwide Permit authorization from the U.S. Army Corps of Engineers (ACOE), a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), and a Section 401 Water Quality Certification form the San Diego Regional Water Quality Control Board (RWQCB). The existing permit applications were prepared based on the project description and impacts analysis provided in the October 2007 Draft MND and other technical information available at that time (i.e. Draft WQTR). Dudek will revise the existing permit applications as described below, based on project changes discussed during the meeting with City staff on June 9, 2008. Specifically, the project changes include the addition of an extra storm drain outlet along the east side of the roadway, the expansion of slope improvements at the northern end of the project, and the elimination of project impacts to areas south of Tamarack Avenue. Dudek will revise the project description, impacts analysis, discussion of avoidance and minimization of impacts, discussion of potential impacts to water quality, sensitive species, and wildlife corridors, and associated figures to reflect the modified project. Impact calculations will be revised based on grading limits that were provided by Bureau Veritas on July 1, 2008 which include the project changes described above. Under this task, Dudek will submit a revised permit application to the City for review prior to finalizing the updated application. Dudek will submit the finalized permit application to ACOE, CDFG and RWQCB. Complete copies of each permit application will be provided to ACOE, CDFG and RWQCB. It is assumed that the ACOE, CDFG and RWQCB will accept creation or enhancement of vegetated wetlands habitat as mitigation for impacts to non-wetland jurisdictional waters (i.e. ephemeral and intermittent unvegetated stream channels). If in-kind mitigation is required, and stream channel creation cannot be incorporated into the selected wetlands mitigation site, an additional scope of work would be required to identify an appropriate mitigation strategy and prepare a conceptual streambed mitigation plan. • Revise Wetlands Permit Applications P116764 B Camino ReakMS Wort Ftes\CCaCCO3\CCO3 - ExhiM A - 08-1 t-08.doc Page 2 EXHIBIT A 005 MND Memorandum As requested by the City, a brief memorandum summarizing the project design changes and impacts will be provided to the City for the City's use in finalizing the MND. The memo will include revisions to the MND based on adding an 11,000-square-foot bench area and a new storm drain, especially to the issue of biology. The memo will also include revised MND figures incorporating APE changes (project description and biology), landscape plan changes, and visual simulations updates. Should it be determined by the City that the changes to the MND trigger recirculation of the Draft document, it is assumed that the City will be responsible for recirculating the revised Draft MND, and for preparation of the Final MND including responding to public comments. Assumptions: • Uplands mitigation requirements, including mitigation for impacts to coastal sage scrub and native grassland within the Coastal Zone, will be mitigated at Lake Calavera Mitigation Bank. Therefore, identification of a suitable uplands mitigation site and preparation of an uplands mitigation plan will not be necessary. • In order for the permit applications to be considered complete by ACOE, CDFG and RWQCB, a conceptual wetlands mitigation plan will be required once a suitable mitigation site has been identified. The permit applications will be submitted with the mitigation described in the October 2007 MND with the understanding that mitigation ratios and requirements will be determined through coordination with the agencies following submittal of the permit applications. Preparation of a conceptual wetlands mitigation plan is included in this scope of work. • Mitigation ratios and requirements for in-kind mitigation will be determined during the site visit with the resource agencies. Attendance at pre-application meetings with resource agencies is not included in this scope of work. • The City of Carlsbad will provide Dudek with existing reports identifying potential wetlands mitigation opportunities. • Wetlands mitigation requirements will not be fulfilled at the North County Habitat Bank. • No further revisions to the biological resources report will be necessary. As discussed during the meeting on June 9, 2008, changes to the proposed impacts are not considered to be substantial. Memo update to MND PM676<BC«mnoRoMMS Wort Ftes\CCOCC03KCO3-Brt*itA-oe-11-OS doc Page 3 EXHIBIT A Budget Summary TASK NO. 001 002 003 004 OOS 006 FEE SUMMARY Field Reconaissance Chestnut Design -Additional Survey Support Retaining Wall Report Revise Wetlands Applications MND Memorandum Reimbursable Total FEE PROPOSAL $5,750 $6,320 $8,720 $9,140 $3,140 $500 $33,560 PA167M B Camho RnlMS Wort F1WVCCOCCO3CCO3 - Exit* A - 08-11-08*0 Page 4 \3>