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HomeMy WebLinkAbout2002-07-09; City Council; 16813; Construction of Rancho Santa Fe RoadCITY OF CARLSBAD -AGENDA BILL n ,a- ,B# 16,813 DEPT. HDrwH m: APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES FOR ENGINEERING SUPPORT WITH HELMING ENGINEERING, INC., PROJECT NO. 3190 ITG. 7/09/02 cm ATTY.@ FOR CONSTRUCTION OF RANCHO SANTA FE ROAD IEPT. ENG RECOMMENDED ACTION: CITY MGR. % Adopt Resolution No. 2002-198 engineering support for construction of Rancho Santa Fe Road with Helming Engineering, Inc., approving an agreement for professional services for Project No. 3190. ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road and Phase 2, from San Elijo Road to Melrose Drive. Rancho Santa Fe Road is identified in the General Plan as a prime arterial. Improving the road to meet prime arterial standards is necessary at this time to meet Growth Management Standards for the southeast area of Carlsbad. Improvements include widening the road from two lanes to six lanes, realigning the road generally to the east and replacing the bridge structure at the San Marcos Creek crossing. Benefits of the project included reduced congestion, improved traffic flow and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region's roadway network. Helming Engineering, Inc., has been under contract for the development and design of the Rancho Santa Fe Road bridge replacement, realignment and widening project for the last ten years. property acquisition issues, and design plans and specifications. Their long time involvement with Helming Engineering staff has intimate knowledge of the funding issues, permit requirements, the Rancho Santa Fe Road project makes them uniquely qualified to provide engineering support during the construction of this project. The need for engineering support will last the duration of construction, which is estimated to be following construction of the wetland mitigation area. approximately three years. In addition, a mitigation-monitoring program is required for five years and their familiarity development and design of the project, the Purchasing Agent has waived the Based on Helming Engineering's long-term involvement with the Rancho Santa Fe Road project requirements for multiple proposals for Engineering Services as required by the City of Carlsbad Municipal code 3.28.150. FISCAL IMPACT: The estimated costs for the construction of Rancho Santa Fe Road is summarized below: I Page 2 of Agenda Bill No, 16,813 Funding for Rancho Santa Fe Road is summarized below: The estimated cost for this work is $417,000 for the duration of both Phase 1 and 2 of the project, and will be paid from the Engineering Support Consultants costs identified above. Additional consultant contracts will be presented to Council for approval. The Rancho Santa Fe project account has sufficient funds appropriated for this work. ENVIRONMENTAL: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-1. The City Council at their meeting on April 25. 2000 passed Resolution No. 2000-128 approving Addendum No, 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. EXHIBITS: 1. Resolution No. 2002-198 engineering support for construction of Rancho Santa Fe Road with Helming Engineering, approving an agreement for professional services for Inc., Project No. 3190. 2. Location Map. 3. Authorization from the City of Carlsbad Purchasing Agent to waive the requirements for multiple proposals for Engineering Support Services for the construction of Rancho Santa Fe Road. 4. Agreement for professional services for engineering support for construction of Rancho Santa Fe Road with Helming Engineering, Inc., Project No. 3190. 2 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 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES FOR ENGINEERING SUPPORT FOR CONSTRUCTION OF RANCHO SANTA FE ROAD WITH HELMING ENGINEERING, INC.. PROJECT NO. 3190. WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and in the public interest to approve and accept the agreement for professional services for engineering support for construction of Rancho Santa Fe Road with Helming Engineering, Inc., Project No. 3190; and WHEREAS, the contractor, Helming Engineering, Inc., has worked on the development and design of the project over the past ten years; and WHEREAS. the contractor, Helming Engineering, Inc., possesses the necessary skills and qualifications to provide the setvices; and WHEREAS, the City Engineer has determined that Helming Engineering, Inc., is uniquely qualified to provide engineering support during the construction and mitigation monitoring period for the Rancho Santa Fe Road project due to their familiarity with the project; and WHEREAS, an agreement has been prepared and submitted hereto. 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 the agreement for professional services for engineering support for construction of Rancho Santa Fe Road with Helming Engineering, Inc., Project No. 3190, is hereby approved and the Mayor is authorized and directed to execute said agreement. 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 3. The City Clerk is authorized and directed to forward copies of the signed , agreement to Helming Engineering, Inc., as well as the Engineering Department for processing. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council JULY , 2002 by the following vote, to wit: i held on the 9th day of ~ AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ! ATTEST I &U/ tbRRAlN M. WOOD, City Clerk (SEAL) Page 2 of 2 of Resolution No. 2002-198 LOCATION MAP NOT TO SCALE I NAME RANCHO SANTA FE ROAD PHASES I & II To: From: Ruth Fletcher Date: 6/21/02 3:59PM Subject: Re: Request for Eng Services for RSF RD Carrie: Eased on Helming Engineering's long term involvement with the Rancho Santa Fe projects and their familiarity with the development and design of the project, your request to waive the requirements for multiple proposals for Engineering Support Services for the construction of Rancho Santa Fe Road Phase I and II is herby granted. Ruth >>> Carrie Loya-Smalley 06/21/02 10:55AM >>> Ruth, Sure thing. I revised the memo to included a brief description of the work. See memo attached .... Carrie City of Carlsbad Carrie Loya-Smalley Senior Civil Engineer Planning and Programs Phone 760-602-2746 Fax 760-602-8562 >>> Ruth Fletcher 06/20/02 12:ZOPM >>> Carrie: Thank you for the phone call and the E mail. I do have a couple of questions that you can answer in your formal request. You indicated that you would like to have Helming Engineering to provide Engineering Support for Construction. I would like you to expain what is invovled in this support service . You also mentioned environmental monitoring. Will they be doing that also. You mentioned their involment in the design process for the plans and specifications and perhaps that is the part that ties them into Engineering Support. I would appreciate your help in understanding what they will be doing for four years plus for the $417,000. thank you Ruth >>> Carrie Loya-Smalley 06/20/02 10:OIAM >>> The Engineering Dept would like to retain the services of Helming Engineering for Engineering Support services throughout the construction of RSF Rd. After talking with Julia, she indicated that we need the Purchasing Officers authorization to move forward with this contract instead of asking for proposals from other engineers. and the request for authorization. Please review and let me know if this memo will meet your Based on what I've done in the past for a request like this, I prepared a memo with some background info requirements, or if you need more information. Thanks ...... Carrie P.S. I hope to take the agreement to council on July 9th for approval. Carrie Loya-Smalley Carrie Loya-Smalley June 20,2002 TO: PURCHASING OFFICER VIA: DEPUTY CITY ENGINEER, PLANNING & PROGRAMS FR0M:Senior Civil Engineer CONTRACT WITH HELMING ENGINEERING, INC. FOR ENGINEERING SUPPORT FOR THE RANCHO SANTA FE ROAD PHASE 1 & 2 CONSTRUCTION CONTRACT The Engineering Department requests authorization to retain Helming Engineering, Inc. for Rancho Santa Fe Road Phase 1 and 2 Engineering Support for Construction in lieu of a formal Request For Proposal process. The proposed contract for $417,000 includes up to four years of work for the duration of the construction of Phase 1 and 2 of the Rancho Santa Fe Road construction project, and also through half of the environmental monitoring period required by permitting agencies. Helming Engineering, Inc. is uniquely qualified for this work because they have been involved in the project for over ten years. Their staff members were involved with the formation of the financing district for this project (CFDR) and are currently under contract with the City for the design of Rancho Santa Fe Road. They have intimate knowledge of the funding issues, permit requirements, property acquisition issues and design plans and specifications. During the construction of Rancho Santa Fe Road Helming Engineering will provide services such as; responding to 'request for information' from the contractor; aiding the engineering inspection division in shop drawing reviews and submittals; auditing reimbursement agreement payments and; preparing and tracking agreements with other agencies. In addition, they will oversee permit requirements such as installation of the mitigation site, retaining and coordinating the consultant biologist, and overseeing the preparation of reports to submit to permitting agencies. As you may already know, a portion of the construction of Rancho Santa Fe Road will be paid for with federal monies however, engineering services do not qualify for federal funding. Therefore, the City is not required to follow the federal procedures for obtaining an engineering consultant. The Engineering Department desires to have Helming Engineering, Inc., provide engineering support services for the construction of Rancho Santa Fe Rod due to their long-term involvement and familiarity with the development and design of the project. Please call me at XT 2746 if you have any questions or need additional information. I would also be happy to meet with you to further discuss this request. CARRIE LOYA-S~~~ALLEY U Senior Civil Engineer C: Doug Helming, Helming Engineering AGREEMENT FOR ENGINEERING CONSTRUCTION SUPPORT SERVICES FOR RANCHO SANTA FE ROAD, PROJECT 3190 HELMING ENGINEERING, INC. THIS AGREEMENT is made and entered into as of the day of , 2002, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Helming Engineering, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a Registered Civil Engineer that is experienced in Construction Support Services. B. Contractor has the necessary experience in providing professional services and advice related to engineering support for the construction of Rancho Santa Fe Road. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of four (4) years from the date first above written.The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not-to-exceed one hundred fifty thousand ($150,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 1 City Attorney Approved DEE Version #04.16.02 8 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be four hundred thousand seventeen dollars ($417,00O).-No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved DEE Version W.16.02 4 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to-property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3 City Attorney Approved DBE Version #04.16.02 10.1.3 Workers' Compensation and EmDlover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved DEE Version W4.16.02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor. Name Carrie Loya-Smalley Name Doug Helming Title Senior Civil Engineer Title President City of Carlsbad Address 200 E. Washington Address 1635 Faraday Avenue Escondido, CA 92025 Phone No. (760) 602-274 Carlsbad, CA 92008 Phone No. (760) 233-4900 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. ~ ~ ~ 5 City Attorney Approved DEE Version #04.16.02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION A. The City has established no goals for the participation of DEE for this Agreement. However, Contractor shall be fully informed respecting Part 26, Title 49, Code of Federal Regulations (CFR), which is incorporated by reference, and is urged to obtain DBE participation should a clearly defined portion of the work become available. 6. It is the policy of City that certified DBE firms shall have the maximum opportunity to participate in the performance of Agreements financed in whole or in part with federal funds, Contractor shall ensure that certified DBE firms, as defined in the CFR. have the maximum opportunity to participate in the performance of this Agreement and shall take all necessary and reasonable steps, as set forth in CFR, Part 26, for such assurance. Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontractor. Failure to carry out the requirements of this paragraph shall constitute a breach of Agreement and may result in termination of this Agreement or such other remedy that City may deem appropriate. 6 City Attorney Approved DEE Version #04.16.02 13 C. If DBE participation is obtained, Contractor shall maintain records of all subcontractor agreements entered into with DBE subcontractors and records of materials purchased from DBE suppliers. Such records shall show each subcontractor's and vendor's name and address and the actual dollars paid to each. Upon completion of the Agreement, a summary of these records shall be prepared, certified correct and submitted on the form "FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST - TIER SUBCONTRACTORS", or equivalent, by Contractor or his authorized representative to the City of Carlsbad's Contract Manager showing total dollars paid to each DBE subcontractor and supplier. D. Any DBE firm working as a subcontractor under this Agreement must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. E. Contractor shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this contract with another certified DBE firm. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following orocedure will be used to resolve anv questions of fact or interpretation not otherwise settled by agreement between the pades. Representatives of'contractor or City will documented dispute will be forwarded to both parties involved along with recommended reduce such questions, and their respective views, to writing. A copy of such methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of to the aggrieved party, a letter outlining the disputes will be forwarded to the City resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory Manager. The City Manager will consider the facts and solutions recommended by each the City Manager will be binding upon the parties involved, although nothing in this party and may then opt to direct a solution to the problem. In such cases, the action of procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute. deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. 7 City Attorney Approved DBE Version W.16.02 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 8 City Attorney Approved DEE Version K14.16.02 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 9 City Attorney Approved DEE Verslon #04.16.02 27. AUTHORITY The individuals executing this Agreement 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 Agreement. CONTRACTOR HELMING ENGINEERING, INC., a corpoRtion f *'By: (sign here) (print namehitle) CITY OF CARLSBAD, a municipal corporation of the State of California BY: Mayor ATTEST: LORRAINE M. WOOD City Clerk 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 ofker(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 10 City Attorney Approved DEE Version M4.16.02 $$ fi Ifi State of California 8 lr: County of San Diego g 6 On (0- '7 - 0 2 .'' before me, ' $ personally appeared D/, b /-L AS L. 19F.L.W 1 EJ 6- Carol Jean Parker, Notary Public D1!8 . ~ ~~ ~- ~. ~~ Nam and Tle 01 OnicEr [r.g.. .Jane Doe. Nolaw Public) Y IN Name(%) Of Sigosr(r) 0 personally known to me Wroved to me on the basis of satisfactory evidence to be the person@) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hishedtheir authorized capacity(ies). and that by hishedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @ WITNESS my hand and official seal. c.: \ .. L! OPTIONAL tz Though the information below is no1 required by law. it may prove valuable 10 persons relying on lhe document and could prevenl $ $ $! Description of Attached Document lraudulenl removal and reaftachmenl of /his form 10 anolher document. 9 $ . Title or Type of Document: 196% E.fR EiiT 6 Document Date: Number of Pages: /4 - g $ fi Signer(s) Other Than Named Above: fi ,@ Capacity(ies) Claimed by Signer(s) - $ p 6 Signer's Name: c; Individual c: e dcorporate Offi er $ Ttle(s): k-7 g 0 Partner - 13 Limited 0 General .x @ Attorney-in-Fact E 0 Trustee I %: 0 Guardian or Conservator .c 0 Other: %; P I I1 '8 .h Signer Is Representing: 8 $I .'. I II Signer's Name: 0 Individual 0 Corporate Officer Partner - 0 Limited 0 General Title@): 0 Attornev-in-Fact 0 Trustek 0 Guardian or Conservator Other: Signer Is Representing: I EXHIBIT “A” June 6,2002 Came LoyaSmalley Senior Civil Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 PROPOSAL FOR PROJECT MANAGEMENT FOR RANCHO SANTA FE ROAD, PROJECT NO. 3190 This proposal is intended to cover additional project management duties for Rancho Santa Fe Road through the end of the construction phase and wetlands mitigation monitoring period. The current agreement for services expires on June 30, 2002. Due to the ever changing nature of the project and the unknown elements such as construction support, it is proposed that services be on a time and expense basis rather than a fee for task basis. Attached is our estimate of hours and costs for various items that we have discussed in the past that the Ci desires support on. The total estimated cost is $417,000. The items covered include the following: Completion of plans, specification and estimates for Phase 1 and 2. Coordination with various agencies and property owners such as CMWD, LCWD, Completion of the Wetlands Mitigation and Monitoring design and construction. Completion of the Phase 2 right-ofuvay acquisition. Construction engineering support. Monitoring and coordination of the environmental permits and HCP requirements. OMWD, WD, CNLM, Villages of La Costa and Brookfield Homes. Please review the items and estimate and let me know if you have any additions, correction or comments. Charges for hourly rates will be adjusted annually based on the San Diego Area Consumer Price Index as published by the U. S. Department of Labor, Bureau of Labor Statistics. The CPI for the end of 2001 is 191.2. .Should you have any questions concerning the items or costs please call me. Respectfully, President Enclosures (1) Exhibit "A" Rancho Santa Fe Road - Estimated Cost for Engineering Support Services - - I Task Description I Est. Hours I Rate ~. I I 5 F)R nn ................. A-3 Respond to calls ana reques A4 ............................................................................................................................................................................................................................................. Coordination with VLC 60 $ 98.00 A-5 ............................................................................................................................................................................................................................................ Coordinate with CM Team prior to Construction 48 $ 98.00 A-6 ............................................................................................................................................................................................................................................. Coordinate with PR Consultant 40 $ 98.00 A-7 ....................................................................................................................................................................................................... City of San Marcos A-7.1 ............................. Review SM Plans with & w/o Melrose Dr ........ " 80 $ 98.00 A-7.2 ............................................................................................................................................................................................................................................ Coordination with San Marcos 112 $ 98.00 A-7.3 ............................................................................................................................................................................................................................................ Prepare Agreement & Exhibits 40 $ 98.00 A-7.4 .......................................................................................................................................................................................................................................... Prepare AB for Agreement w/San Marcos 6 $ 98.00 A-7.5 ................................................. Final Adjustments with San Marcw - Audit 8 Accounting "" ......................... 12 ". $ 98.00 ' A-8 ...................................................................................... Post Constr. Boundary Adjustment " ................... " .................. " A-8.1 ........................................................................................................................................... RSF Rd. -City of San Marcos 92 $ 98.00 A-8.2 ........................................................................................................................................................................................................................................... Olivenhain Rd. - City of Encinitas 92 $ 98.00 A-8.3 ............................................................................................................................................................................................................................................ Green Valley - City of Encinitas 92 $ 98.00 A-9 OMWD 40 $ 98.00 A-9.2 ......................................................... Prepare Agreement w/OMWD " " _ ......... " " .... 12 ....................... $ 98.00 A-9.3 ................................................................ Prepare AB for Agmement w/OMWD " ............................................................................................ 4 $ 98.00 A-9.4 ........................................................................................................................................................................................................................................... Final Adjustments with OMWD - Audit & Accounting 12 $ 98.00 A-IO ............................................................................................................................................................................................................................................. VWD A-10.1 ............................................................................................................................................................................................................................................. Coordinate with VWD 60 $ 98.00 A-10.2 ................ ................................ Prepare Agreement wNWD " ........ " "" _ 16 - $ .................. 98.00 " A-I ................................................................................. 0.3 Prepare AB for Ageement wNWD " " ............... " 4 $ 98.00 A-I ..................................................................................... 0.4' Final Adjustments with VWD - Audit & Accounting ................ ................................ 12 $ 98.00 A-11 ............................................................................................................................................................................................................................................. CMWD A-I ............................................................................................................................................................................................................................................. 1 .I Coordinate with CMWD 40 $ 98.00 A-I .............................................................................................................................................................................................................................................. 1.2' Final Adjustments with CMWD - Audit & Accounting 12 $ 98.00 A-I2 ..................................... Meetings with Caltrans " 40 $ 98.00 A-13 'Prepare ................................................................................................................................ Exhibits & Cost Estimate forjustification of add'l funding " 24 ..................... $ 98.00 ..................................................................................................................... " ................................... ............................................. ..... ....................... ....................................................... .............................................................................................................................................................................................................................................. !?:?:I Coordinate Design with OMWD ....................................................... ....................................................... .............. .............................................................. TOTAL PROJECT MANAGEMENT 1596 " RSF Phase 1 : 8-5 B-6 .__, ............... RSF Phase 1 : ....................... ........................................................................ Manan-rnnnt ............................. ....................... ........I.. m FIR~~ cost .............................. $ 9,800 $ 9,408 $ 44,100 $ 5,880 $ 4,704 $ 3,920 .............................. .............................. .............................. .............................. .............................. .............................. ............................... $ 7,840 $ 10,976 $ 3,920 $ 588 $ 1,176 .............................. .............................. ............................... ............................... ....................... " ...... $ 9,016 $ 9,016 $ 9,016 ............................... .............................. ............................... ............................... - $ 3,920 $ 1,176 $ 392 $ 1,176 $ 5,880 $ 1,568 $ 392 $ 1,176 ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... $ 3,920 $ 1,176 $ 3,920 $ 2,352 ............................... ............................... ............................... S 156,408 ............................... $ 2,352 $ $ 392 784 $ 392 $ 980 $ 784 $ 5,684 .............................. ............................... .............................. .............................. .............................. $ 980 $ 1,470 $ 392 $ 1,568 $ 4,410 .............................. .............................. .............................. Prepared by: Helming Engineering Page 1 of 3 May 14,2002 I Task Description I Est. Hours I Rate I cost I I I I .................................. Villages of La Costa Reimbursement " G-I " " H-5 Bid Process " ..... H-7 Handoff Meeting I ....................................................................................................... ............................................................................................................ H-6 Prepare AB for Award .................................................................................................. .................... Subtotal PS&E 21,952 I TOTAL RSF Phase 1 I I I I I Prepared by: Helming Engineering Page 2 of 3 May 14,2002 Task Description I Est. Hours I Rate I cost I I I I I ............... 9,800 .................................................................. PSELE (Dwg,,No. 368-261 " ............... ........... K-I ..................................................................................................................................................... 95% Review - " .- ................... K-2 Final Plan Review ..... K-7 Handoff Meeting " ........................ Subtotal PS&E I TOTAL RSF Phase 2 392 $ 38,416 I I I ........... ............. ......... ................... TOTAL CONSTRUCTION $ 132,300 I I I GRAND TOTAL 4,189 I I 0 416,794 Prepared by: Helming Engineering Page 3 of 3 May 14,2002