HomeMy WebLinkAbout2011-03-08; City Council; 20473; EXTEND AGREEMENT BUREAU VERITAS NORTH AMERICA INC/03%\
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AB# 20.473
MTG. 03/08/1 1
DEPT. TRANS
APPROVAL OF AMENDMENT NO. 8 TO EXTEND THE
PROFESSIONAL SERVICES AGREEMENT WITH BUREAU
VERITAS NORTH AMERICA, INC., FOR THE EL CAMINO
REAL WIDENING BETWEEN TAMARACK AVENUE AND
CHESTNUT AVENUE, PROJECT NO. 3957
DEPT. DIRECTOR' (
CITY ATTORNEY
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CITY MANAGER I ,
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RECOMMENDED ACTION:
Adopt Resolution No. 2011-039 approving Amendment No. 8 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 17, 2010, with no
available extensions. No work has been authorized beyond the current contract expiration date. The
project is taking longer than expected due to changes in the project scope, the redesign of the
intersection of El Camino Real and Chestnut Avenue, additional retaining wall design, and utility
undergrounding. The total compensation does not change with this amendment. Final design and
right-of-way acquisition is currently underway and is scheduled to be completed the fourth quarter of
2011.
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. 2011-039 approving Amendment No. 8 to extend the professional
services 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 8 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: John Maashoff 760-602-2796, iohn.maashoff@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
LOCATION MAP
SITE
NOT TO SCALE
CITY Of OCEANSIDC
HKSHWAY .**
VICINITY
MAP
NOT TO
SCAU
SITE
PROJECT NAME WjDENiNG OF EL QAMINO REAL
BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE
PROJECT
NUMBER
3957
EXHIBIT
1
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&M
RESOLUTION NO. 201 1 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 8 TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH
BUREAU VERITAS NORTH AMERICA, INC., FOR THE EL CAMINO
REAL WIDENING BETWEEN TAMARACK AVENUE AND
CHESTNUT AVENUE. PROJECT NO. 3957.
^
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary and in the public interest to improve El Camino Real between Tamarack
Chestnut Avenue, Project No. 3957; and
WHEREAS, the current agreement for professional engineering services
Avenue and
with Bureau
Veritas North America, Inc., to design these improvements expired on November 17, 2010; and
WHEREAS, the agreement needs to be extended to end on November
complete the design of these improvements; and
WHEREAS, there are sufficient funds appropriated for Project No. 3957.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
California, as follows:
1 . That the above recitations are true and correct.
2. That Amendment No. 8 to extend the Agreement for Professional
Services with Bureau Veritas North America, Inc., is hereby approved.
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17, 2012, to
of Carlsbad,
Engineering
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of March 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
LORRAfNE M. WOOfo,
(SEAL)
^C; uhjLuu^
Ob, City Clerk vj
PWENG500
RATIFICATION OF AMENDMENT NO. 8 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.)
y~~
Ratification of Amendment No. 8 is entered into as of the Q day of
, 2011, but effective as of the 18th day
of November, 2*010, extending 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 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. On December 2, 2009, the Parties executed Amendment No. 7 to the Agreement
to extend the agreement for a period of one (1) year; and
City Attorney Approved Version 09.22.10
I. The Agreement, as amended from time to time expired on November 17, 2010
and Contractor continued to work on the services specified therein without the benefit of an
agreement; and
J. The Parties desire to extend the agreement for a period of two (2) years.
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 two (2) years ending on November 17, 2012.
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 the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version 09.22.10
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
BUREAU VERITAS NORTH AMERICA,
INC., a Delaware
*By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Mayor
(print name/title)
ATTEST:
(sign here)
•5i> Srcr^-4*^'
(print name/title)
t cv
City Clerk
'/, x '^r% „**
If required by City, proper notarial acknowledgment of execution by contractor TrWfrbe^
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
Bv:
Assistant City Attorney
City Attorney Approved Version 09.22.10
1
State of Florida )
SS
County of Broward )
On this 10 day of February, 2011, before me, the undersigned, a Notary
Public in and for said County and State, producing a form of identification / personally
appeared Heather B. Bush and Pedro Guimaraes, known to me to be the person whose
name is subscribed to the foregoing instrument, entitled Ratification of Amendment No. 8
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.) and who, under oath, acknowledged to me that she and he
are signed as President and Secretary for the purpose and consideration therein
expressed.
Signature
Name: Pamela Hanley
My commission expires:
Notary Public:
Lisa Hildabrand
All Receive-Agenda Item #.
For the Information of the
From:
Sent:
To:
Subject:
John Maashoff
Monday, March 07, 2011 1:03 PM
Lisa Hildabrand
Agenda Bill for Bureau Veritas Amendment
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In response to the questions asked at briefings:
The existing agreement with Bureau Veritas (for PWENG500) is for $908,149. The current Agenda Bill being
processed for Amendment No. 8 does not request any increase in the contract amount.
This project budget (project 3957) has a current budget amount of $1 1 ,1 37,967.
The total costs for completing the design work and constructing the project are estimated at $10. 5M.
Please let me know if you have any additional questions or need additional information.
CARLSBAD
John Maashoff, P.E.
Transportation Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
www.carlsbadca.gov
Date: 3>/&ftl
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book