HomeMy WebLinkAbout2009-12-01; City Council; 20046; El Camino Real Widening Tamarack Av Chestnut AvCITY OF CARLSBAD - AGENDA BILL
20,046AB#
MTG. 12/01/09
DEPT.ENG
APPROVAL OF AMENDMENT NO. 7 TO EXTEND 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.
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2009-293 approving Amendment No. 7 to extend 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, expired on November 18, 2009, with no
available extensions. The project is taking longer than expected due to unanticipated complications in
environmental permitting process and geotechnical areas. 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. Over time, the scope of the project has also increased to include the redesign of the
intersection of El Camino Real and Chestnut Avenue, additional retaining wall design changes, and
utility undergrounding.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for
the El Camino Real Road Widening project (CDP 07-22/HDP 07-02/SUP 07-04/HMP 07-08). The
Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in the newspaper
November 1, 2007, and sent to the County Clerk's Office for a 30-day public review (October 30, 2007
- November 30, 2007). One comment letter was received during the 30-day review period. The MND
was approved by the Planning Commission on June 3, 2009 in compliance with the California
Environmental Quality Act (CEQA) Guidelines Section 15074.
FISCAL IMPACT:
This is only a time extension and additional funds are not required for the project. This project is
funded with Traffic Impact Fees and sufficient funds have been appropriated through the Capital
Improvement Program.
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-293 approving Amendment No. 7 to extend the agreement with
Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack
Avenue and Chestnut Avenue, Project No. 3957.
3. Amendment Number 7 to extend the agreement with Bureau Veritas North America, Inc., for
the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No.
3957.
DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eva.plaizer@carslbadca.qov
FOR CITY CLERKS USE ONLY,
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
nn
Dn
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
LOCATION MAP
SITE
NOT TO SCALE
SITE
VICINITY
MAP
MOT TO
SCALE
PROJECT NAME mENiNG OF EL CAMINO REAL
BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE
PROJECT
NUMBER
3957
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/18/07 C:\CAPITAL\PLAJZER\3957.DWG
2.
1 RESOLUTION NO. 2009-293
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 7 TO
3 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 NO. 3957.
5
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
10 with Bureau Veritas North America, Inc., to design these improvements expired on November 18,
11 2009; and
12 WHEREAS, the agreement needs to be extended to end on November 17, 2010, to
13 complete the design of these improvements; and
14 WHEREAS, there are sufficient funds appropriated for Project No. 3957.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
16 California, as follows:
17 1. That the above recitations are true and correct.
18 2. That Amendment No. 7 to Extend the Agreement for Professional Engineering
19 Services with Bureau Veritas North America, Inc., is hereby approved.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
, Mayor
ATTEST:
_ > ^-Ot-^t
LOfoRAlKlfe M. WbdD, City Clerk A~
(£EAL) LT ^ ^
c
PWENG500
AMENDMENT NO. 7 TO EXTEND 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. 7 is entered into and effective as of the - day of
200_f2_, 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. On September 17, 2008, the Parties executed Amendment No. 5 to the
Agreement to extend the agreement for a period of one (1) year and to amend the agreement to
perform additional design and environmental analysis; and
G. On June 30, 2009, The Parties executed Amendment No. 6 to the Agreement to
amend the agreement to perform additional design, geotechnical, and water quality analysis and
provide additional project management and coordination; and
H. The Parties desire to extend the agreement for a period of one (1) year.
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 November 17, 2010.
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
BUREAU VERITAS NORTH AMERICA,
INC., a Delaware corporation
(sign here)
RLSBAD, a munici
of the/State of Caljfo
(print name/title)
r Wtm-Jfe US ^ u
(e-mail addces*s
*By:
ATTEST:
Ac
/Ci
ORRAFNE M. WO
City Clel
(print name/title)
. x>At*\flSz>ae>*jz> @ \js>-
(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
By:.
Deputy City Attorn
City Attorney Approved Version #05.22.01