HomeMy WebLinkAbout2004-01-13; City Council; Resolution 2004-0021
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2004-002 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
THE AGREEMENTS FOR PLAN CHECKING SERVICES WITH
HELMING ENGINEERING, GVP CONSULTANTS, AND
BERRYMAN AND HENIGAR.
WHEREAS, on June 3, 2003 the City Council approved three agreements for engineering
planchecking services with Helming Engineering, GVP Consultants, and Berryman and Henigar
totaling $800,000 in contractual ability.
WHEREAS, the City Council has reviewed the amendments to: 1) increase the not-to
exceed amount for Helming Engineering to $325,000, 2) increase the not-to-exceed amount for
GVP Consultants to $375,000, and 3) decrease the not-to-exceed amount of Berryman and
Henigar to $1 00,000.
WHEREAS, the City Council has determined the proposed modifications in the not-to-
exceed amount do not change the overall contract ability of $800,000 between Helming
Engineering, GVP Consultants, and Berryman and Henigar, but are meant to shift the individual
contract amount between the consultants to control work assignments to them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That Amendment No. 1 to the Agreement for Engineering Plan Checking Services
with Helming Engineering, a copy of which is attached as Exhibit 2 and made a part hereof, is
hereby approved.
3. That Amendment No. 1 to the Agreement for Engineering Plan Checking Services
with GVP Consultants, a copy of which is attached as Exhibit 3 and made a part hereof, is hereby
approved.
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4. That Amendment No. I to the Agreement for Engineering Plan Checking Services
vith Berryman & Henigar, a copy of which is attached as Exhibit 4 and made a part hereof, is
iereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 13th day of January , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
2LAUDE A. h!$#fs YWor v V
i’ 4TTEST:
Page 2 of 2 of Resolution No. 2004-002
(SEAL)
PWENG371
AMENDMENT NO. I TO AGREEMENT FOR
ENGINEERING PLAN CHECKING SERVICES
(HELMING ENGINEERING, INC.)
4-h This Amendment No. 1 is entered into and effective as of the j 5 day of
cS4*ra*--r\, 200x, amending the agreement dated June 24, 2003
(the “Agreement7 by and between the City of Carlsbad, a municipal corporation,
(“City”), and HELMING ENGINEERING, INC., a California corporation, (“Contractor“)
(collectively, the “Parties”) for Engineering Plan Checking Services.
RECITALS
A. The Parties desire to alter the Agreement’s fees to be paid to the
Contractor increasing the not-to-exceed amount from $200,000 to $325,000 for the
remainder of the current Agreement year ending on June 23, 2004; and
B. The Parties acknowledge at the end of the current Agreement year ending
on June 23, 2004, the Agreement’s fee shall revert to the original not-to-exceed amount
of $200,000.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work that meets the criteria outlined
in the Agreement, at the City’s sole discretion, up to, but not-to-exceed three hundred
twenty-five thousand dollars ($325,000) for the remainder of the current Agreement
year ending on June 23, 2004. Contractor will provide City, on a monthly basis, copies
of invoices sufficiently detailed to include work performed and related activities and
costs for approval by City. ‘
2. At the end of the current Agreement year ending June 23, 2004,
the Agreement’s fee shall revert to the original not-to-exceed amount of $200,000.
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 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
1
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
HELMING ENGINEERING, INC.,
a California corporation
/%id..& ATTEST:
- "(print name/title) J
**By: !./I &&@C
E M. WOOD
(sign here)
/' (print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. CorDoration, 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
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
Narnels) 01 Signer(a1 4
Ll personally known to me
moved to me on the basis of satisfactory
evidence
to be the personw whose name@+ idate
subscribed to the within instrument and
acknowledged to me that he/sWthoyexecuted
the same in hisltp’ttpk authorized
capacity(ioefr and that by his/h&theii-
signature(E)-on the instrument the person(efror
the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
Description of Attached Document
Tttle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
/
n Attorney-in-Fact
L Guardian or Conservator
Signer Is Representing:
0 1999 National Notary Association * 9350 De Solo Ave., P.0 Box 2402 - Chalsworth. CA 91 31 3-2402 * www.nalionalnotaq org Prod No 5907 Reorder. Call Toll-Free 1-800-876-6827
RESOLUTION OF BOARD OF DIRECTORS
OF
HELMING ENGINEERING, INC.
RESOLVED, that Douglas L. Helming, President of this Corporation be and hereby is
authorized and empowered to enter into Contracts and Agreements in the name and in behalf of
this Corporation.
I, Nancy A. Helming, do hereby certify that I am the duly elected and qualified Secretary
and the keeper of the records and the corporate seal of Helming Engineering, Inc., a corporation
organized and existing under the laws of the State of California, and that the above is a true and
correct copy of a resolution duly adopted at a meeting of the Board of Directors thtxeoc
convened and held in accordance with the law and the Bylaws of said Corporation on September
19, 1989, and that such resolution is now in fidl force and a. *
IN WITNESS WHEREOF, I have aflixed my name as Secretary and caused the corporate
seal of said corporation to be aflixed, this 27th day of May 2003.
- -- &cy A. €&nini secretary
P W E NG370
AMENDMENT NO. I TO AGREEMENT FOR
E NG I N E E RI NG PLAN C H EC KI N G SERVICES
(GVP CONSULTANTS)
This Amendment No. 1 is entered into and effective as of the 1 s* day of
Sa-+QCy , 200y, amending the agreement dated June IO, 2003
(the “Agreeme?t”) by and between the City of Carlsbad, a municipal corporation,
(“City”), and GVP CONSULTANTS, a sole proprietor, (“Contractor”) (collectively,
the “Parties”) for Engineering Plan Checking Services.
RECITALS
A. The Parties desire to alter the Agreement’s fees to be paid to the
Contractor increasing the not-to-exceed amount from $250,000 to $375,000 for the
remainder of the current Agreement year ending on June 9, 2004; and
B. The Parties acknowledge at the end of the current Agreement year ending
on June 9, 2004, theAgreement’s fee shall revert to the original not-to-exceed amount
of $250,000.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work that meets the criteria outlined
in the Agreement, at the City’s sole discretion, up to, but not-to-exceed three hundred
seventy-five thousand dollars ($375,000) for the remainder of the current Agreement
year ending on June 9, 2004. Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include work performed and related activities and costs
for approval by City.
2. At the end of the current Agreement year ending June 9, 2004,
the Agreement’s fee shall revert to the original not-to-exceed amount of $250,000.
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 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
1
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
GVP CONSULTANTS,
a sole proprietor
-- v v- MGyo'r Yd xi&
- &A.
(print nameltitle)
**By:
(sign here)
(print nameltitle)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. fi
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
2
State of California ) 1 County of San Diego )
On, December 8, 2003, be.xe me, Belint 9 R. Guzman, Notary Public, personally
appeared Glen K. Van Peski, personally known me 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
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document Amendment No. 1 to Amend Agreement for Engineering Plan
Checking Services (GVP Consultants)
Date of Document 12/08/03 No. of Pages 2
Signer(s) other than named above none
AMENDMENT NO. 1 TO AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(BERRYMAN AND HENIGAR, INC.)
This Amendment No. 1 is entered into and effective as of the 1 s* day of
, 200%, amending the agreement dated June 27, 2003 (the “Agreement”) by
and between the City of Carlsbad, a municipal corporation, (“City”), and BERRYMAN AND
HENIGAR, INC., a California corporation, (“Contractor”) (collectively, the “Parties”) for
Engineering Planchecking Services.
RECITALS
A. The City has expressed its dissatisfaction with the Contractor’s work product both
formally and informally with the Contractor; and
B. The Parties desire to decrease the fees to be paid to the Contractor from the not-
to-exceed amount of $350,000 to $100,000 for the remainder of the current Agreement year
ending on June 26, 2004, and;
C. Contingent upon the Contractor consistently producing a work-product acceptable
to the City for the remainder of the current Agreement year, consistent with the terms of the
Agreement, the Parties agree to re-evaluate the decreased not-to-exceed Contractor fees for the
following optional Agreement year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. City will pay Contractor for all work that meets the criteria outlined in the
Agreement, in the City’s sole discretion, up to, but not-to-exceed one hundred thousand dollars
($100,000) for the remainder of the current Agreement year. Contingent upon the Contractor
consistently producing a work-product acceptable to the City for the remainder of the current
Agreement year, (ending on June 26, 2004), consistent with the terms of the Agreement, the
Parties agree to re-evaluate the decreased not-to-exceed Contractor fees for the following
optional Agreement year. Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include work performed and related activities and costs for approval by
City.
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.
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.
1 City Attorney Approved Version #05.22.01
BERRYMAN AND HENIGAR, INC.,
a California corporation
(print name/title)
I I-
C c(s i g n here)
Jules F. Miller, Secretary
(print name/title)
ATTEST:
City ~jik
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
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 corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant secretary under
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
County of San Diego
On December 4.2003, before me, Elizabeth M. Widmann. Notary Public, personally appeared Kel&
Gillfillan and Jules F. Miller, personally known to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument.
WITNESS my hand and official seal.
/-
Place Notary Seal Above
2 City Attorney Approved Version #05.22.01