HomeMy WebLinkAboutHelming Engineering Inc; 2002-07-23; PWENG297PWENG297
AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT
FOR CONTINUING ENGINEERING CONSTRUCTION PHASE
SERVICES FOR THE RANCHO SANTA FE ROAD PROJECT
(HELMING ENGINEERING, INCORPORATED)
This Amendment No. 5 is entered into as of the i day of
, 2009, extending and amending the agreement dated July 23, 2002 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Helming
Engineering, Incorporated, ("Contractor") (collectively, the "Parties").
RECITALS
A. On August 23, 2004, the Parties executed Amendment No. 1 to the Agreement to
expand the scope of work to include additional engineering services for the Rancho Santa Fe Road
Project, hereafter the "Project; and
B. On December 6, 2006, the Parties executed Amendment No. 2 to the Agreement to
ratify and extend the agreement for a period of one (1) year; and
C. On October 16, 2007, the Parties executed Amendment No. 3 to extend and amend
the Agreement for continued services required for the Project; and
D. On July 22, 2008, the Parties executed a Ratification of Amendment No. 4 to extend
and amend the Agreement for continued services required for the Project; and
E. The Parties desire to amend the Agreement to provide additional services required by
the City for the project; and
F. The Parties desire to extend the Agreement for a period of one (1) year ending on
July 22, 2010; and
G. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule to include continuing services required for the Project.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1 . Amendment No. 5 to the Agreement is hereby approved.
2. The Agreement, as may have been amended from time to time, is hereby extended for
a period of one (1) year ending on July 22, 2010 on a time and materials basis not-to-exceed thirty
thousand dollars ($30,000) in accordance with attached Exhibit "A" for continuing services required for
the Project.
3. Contractor will complete all said work by July 22, 2010.
4. All other provisions of the Agreement, as may have been amended from time to time,
will remain in full force and effect.
5. 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.
For the purposes of Contractor's work associated with this Amendment No. 5, Contractor shall not be
required to provide Professional Liability Insurance as described in the Agreement, Section 10.1.4.
This exclusion is made under City of Carlsbad Administrative Order 68, exclusion 2, Page 12 of said
order.
City Attorney Approved Version #05.22.. 01
1
6. 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, INpORFJORATED
*By:
CITY OF C
corporation
By:
_ ,-r- ATTEST:
(e-rrTStl address)
*By:
(signiiere)
(print name/title)
LSBAD, a municipal
of
(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
City Attorney Approved Version #05.22..01
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 thereof, 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 full force and
effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and caused the
corporate seal of said corporation to be affixed, this 1st day of April 2009.
Nancy A. Helming, Secretary"
Helming Engineering, |nc. £XA7£/7~~
Ov'l E_ngineers Municipal (Consultants Land planners
I 79° Country Lane, Hscondido, CA ?2O2?
(76o)5}}-6ozo f ax (7£0)743-03 n-
March 4, 2009
John Cahill
Public Works Manager
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
PROPOSAL FOR EXTENSION OF AGREEMENT, RANCHO SANTA FE ROAD,
PROJECT 3190
Helming Engineering respectfully submits this proposal to amend the Agreement for
Engineering Construction Support Services dated July 23, 2002 to extend the
agreement for one year to July 22, 2010 and to add additional funding in the amount
of $30,000.
The agreement term was for four years with provisions to extend it for four (4)
additional one year periods. As you are aware the construction of the roadway has
been completed and accepted by the City Council. The remaining work consists of:
4 Construction of the off-site wetlands mitigation restoration.
* Boundary adjustment between the City of Carlsbad and the City of San
Marcos
* The five year monitoring and maintenance periods for the on-site and off-site
wetlands mitigation restoration areas.
Helming Engineering will continue to provide as needed project management
services for the 3.6 acre off-site wetland mitigation restoration construction as well as
coordinate the boundary adjustment work with the City of San Marcos and provide
other services as may be requested.
All work will continue to be billed on a time and materials basis at the rate of $108/hr.
Please contact me should you have any questions concerning this.
Sincerely,
DOUGLAS L HELMING>P.E.
President
RECEIVED
MAR 042009
ENGINEERING
DEPARTMENT
PWENG297
RATIFICATION OF AMENDMENT NO. 4 TO EXTEND AND AMEND
AGREEMENT FOR ENGINEERING CONSTRUCTION PHASE SERVICES
FOR THE RANCHO SANTA FE ROAD PROJECT
(HELMING ENGINEERING, INCORPORATED)
This Ratification of Amendment No. 4 is entered into as of the cO£L day of
, 2008, but effective as of the 22nd day of July, 2008, extending and
amending trie agreement dated July 23, 2002 (the "Agreement") by and between the City of Carlsbad,
a municipal corporation, ("City"), and Helming Engineering, Incorporated, ("Contractor") (collectively,
the "Parties").
RECITALS
A. On August 23, 2004, the Parties executed Amendment No. 1 to the Agreement to
expand the scope of work to include additional engineering services for the Rancho Santa Fe Road
Project, hereafter the "Project; and
B. On December 6, 2006, the Parties executed Amendment No. 2 to the Agreement to
ratify and extend the agreement for a period of one (1) year; and
C. On October 16, 2007, the Parties executed Amendment No. 3 to extend and amend
the Agreement for continued services required for the Project; and
D. The Parties desire to amend the Agreement to provide additional services required by
the City for the project; and
E. The Parties desire to extend the Agreement for a period of one (1) year ending on
July 23, 2009; and
F. 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 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 one (1) year ending on July 23, 2009 on a time and materials basis
not-to-exceed twenty three thousand eight hundred dollars ($23,800) as described in attached
Exhibit "A".
3. Contractor will complete all work described in Exhibit "A" by July 23, 2009.
4. All other provisions of the Agreement, as may have been amended from time to time,
will remain in full force and effect.
5. 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 #05.22..01
PWENG297
6. 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, INCORPORATED
CITY OF CARLSBAD, a municipal
corporation of the State of California
(print name/title)
hei ^cio/.com
ATTEST:
(e-m^iil address)
*By:
LOfeRAINEW. WOOD \
C/ty Clerk U w
(sign here)
(print name/title)
(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 Attorney
City Attorney Approved Version #05.22..01
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 thereof, 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 full force and
effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and caused the
corporate seal of said corporation to be affixed, this 14th day of July 2008.
+iSsJ •
. Hdm'ing, SNan/y A. Hdm'ing, Secretary
Helming Engineering, ]nc.
Civil flngineers Municipal Consultants Land Planners EXHIBIT "A"
\ 7?O Country Lane
(7£o)555-6020 fax (7 60) 7^-5-05 14
July 1,2008
David Mauser
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
PROPOSAL FOR RANCHO SANTA FE ROAD PROJECT MANAGEMENT
SERVICES
Helming Engineering, Inc. is pleased to submit this proposal to provide project
management support services for Rancho Santa Fe Road. As you are aware, our
current agreement will expire this month. There are two tasks involved in the over all
Rancho Santa Fe Road project that we have been asked to provide help with. The
first task is to provide as needed assistance to John Cahill for the Rancho Santa Fe
Road Off-Site Wetlands Mitigation project during the period prior to construction and
during the construction phase. The second task is to provide assistance to the
finance department in reviewing the Rancho Santa Fe Road finance fund and making
recommendation on a possible partial refund.
The proposed scope of work for each task is as follows:
Task 1. Provide as needed project management services for the 3.6 acre off-site
wetlands mitigation restoration construction. Items to include but not limited to:
• Coordination with the Center for Natural Lands Management.
• Coordination with the City of San Marcos
• Coordination with under lying property owners
• Coordination with Brookfield Homes
• Coordination with the Resource Agencies
• Assisting the Construction Management & Inspection division with RFI's and
CCO's during construction.
• Other project management related tasks as needed.
Task 2. Review Rancho Santa Fe Road finance program. The work is estimated to
include the following:
• Scoping meeting with Finance Director
• Research Finance Program authorizing and implementing documents
• Research Projects Pending within finance area boundary
• Review and analysis of:
o Fees Collected
o Interest earned
o Fees Pending
David Mauser
July 1,2008
Page 2
o Expenses by Project
o Federal Reimbursements
• Prepare Report to Finance Director with recommendation for possible partial
refund
• Follow up Meetings with Finance Director & others as needed
The above tasks will be performed on a time and materials basis as shown below:
TASK 1: RSF RD Wetland Est. Cost $ 13,000
TASK 2: Finance Review Est. Cost $ 10.800
Total estimated cost for both Tasks: $ 23.800
The labor rate for this proposal is Associate Engineer @ $110 per hour. Invoices will
be submitted monthly as the work progresses. Our current hourly rate sheet is
attached.
Please contact me should you have any questions concerning this.
Sincerely,
DOUGLAS L HELMING, P.E.
President
Enclosure:
C: Lisa Irvine, Finance Director, City of Carlsbad
John Cahill, Municipal Projects Manager, City of Carlsbad
MLLMING EJSIGINE.E.R1NG, INC
SCHEDULE OF HOURLY RATES
2008
Engineering Services Rate
Principal Engineer $160.00/hr.
Project Manager $145.00/hr.
Project Engineer $124.00/hr.
Associate Engineer $110.00/hr.
Assistant Engineer $93.00/hr.
Senior Designer $98.00/hr.
Associate Designer $82.00/hr.
Assistant Designer $67.00/hr.
Administrative Assistant $60.00/hr.
Forensic Engineering
Court appearances and depositions as expert witness will be billed at 1.75
times normal rates.
Material and Outside Services
Subcontractors will be billed without an add on to their fees.
Rental of special equipment, reproduction and blueprinting, outside data
processing and computer services, special courier deliveries, etc. are charged
at 1.10 times direct cost.
Telephone charges at 1.10 times direct cost
Copies @ $0.10 per page
Travel Expenses
Mileage at 50 cents per mile for trips outside the County of San Diego. Per
diem where overnight stay is involved is charged at cost of room and meals.
Rates are reviewed annually.
I 79O Country Lane, E^scondido, CA
fax (7^0) 7+5-05
PWENG297
RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT
FOR ENGINEERING CONSTRUCTION SUPPORT SERVICES FOR RANCHO SANTA
FE ROAD PHASE 1 AND PHASE 2 PROJECT NOS. 3190, 3907, 3887 AND 3923
HELMING ENGINEERING, INC.
This Ratification of Amendment No. 3 is entered into as of the //
'"day of <LMi^ 2007, but effective as of the 22nd day of July, 2007,
extending and amending the agreement dated July 23, 2002 (the "Agreement") by and
between the City of Carlsbad, a municipal corporation, ("City"), and Helming
Engineering, Inc., ("Contractor") (collectively, the "Parties").
RECITALS
A. On August 23, 2004, the Parties executed Amendment No. 1 to the
Agreement to alter the agreement's scope of work to include unanticipated tasks related
to the extended construction schedules of Rancho Santa Fe Road Phase 1 and Phase
2 projects and the completion of plans for Phase 2; and
B. On December 6 2006, the Parties executed Amendment No. 2 to the
Agreement to ratify and extend the agreement for a period of one (1 ) year; and
C. The Agreement, as amended from time to time expired on July 23, 2007,
and Contractor continued to work on the services specified therein without the benefit of
an agreement.
D. The Parties desire to alter the scope of work of the Agreement to extend
and fund the Agreement for a period of one (1 ) year, ending on July 23, 2008; and
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 one (1) year ending on July 23, 2008 on a time and
materials basis not-to-exceed Fifty Thousand dollars ($50,000).
3. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
City Attorney Approved Version #05.22.01
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.
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
'By:
CITY 0F
corporatio
uriicipal
opnia
Douglas L. Helming / President
(print name/title)
doughei@aol.com
(e-mail address)
"By:
(sign here)
LO
City Clerk
(print name/title)
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. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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 Attorney
City Attorney Approved Version #05.22.01
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 thereof, 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 full force and
effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and caused the
corporate seal of said corporation to be affixed, this 10th day of September 2007.
Nancy A. Helming, Secretary
PWENG297
RATIFICATION OF AMENDMENT NO. 2 TO EXTEND THE AGREEMENT
FOR ENGINEERING CONSTRUCTION SUPPORT SERVICES FOR RANCHO SANTA FE
ROAD PHASE 1 AND PHASE 2 PROJECT NOS. 3190, 3907, 3887 AND 3923
HELMING ENGINEERING, INC.
This Ratification of Amendment No. 2 is entered into -- _ ,
200 £ , but effective July 23, 2006, extending the underlying /mitial agreement between the
Parties dated July 23, 2002 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Helming Engineering, Inc., ("Contractor") (collectively, the "Parties").
RECITALS
A. On August 23, 2004, the Parties executed Amendment No. 1 to the Agreement to
alter the Agreement's scope of work to include unanticipated tasks related to the extended
construction schedules of Rancho Santa Fe Road Phase 1 and Phase 2 projects and the
completion of the plans for Phase 2; and
B. The Agreement, as amended from time to time expired on July 23, 2006 and
Contractor continued to work on the services specified therein without the benefit of an
amendment.
D. The Parties desire to ratify the amendment extending the term of the Agreement,
and any amendments thereto, for a period of one (1) year, ending on July 23, 2007.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Amendment No. 2 to the Agreement, is hereby retroactively approved and the
Agreement is hereby extended for a period of one (1) year, ending on July 23, 2007.
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 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 #04.11.01
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
*By:
*By:
(print name/title)
V\ e v (<
i-mail address)
(sign here)
(print name/title)
(e-mail address)
CITY OF CARLSBAD, a municipal
corporation of the State of California
< vCity Manager or Mayo
ATTEST:
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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #04.11.01
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 thereof, 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 full force
and effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and caused the
corporate seal of said corporation to be affixed, this 28th day of August 2006.
y? „ J /)^JJ~7 //2*bd^/ A/ fl.Jl£*H.
NWcy A. Helming, Secretary
AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING CONSTRUCTION
SUPPORT SERVICES FOR RANCHO SANTA FE ROAD PHASE 1 AND PHASE 2
PROJECT NOS. 3190,3907,3887 AND 3923
HELMING ENGINEERING INC.
This Amendment No. 1 is entered into and effective as of the 23~ day of
, 2004, amending the agreement dated July 23, 2002 (the
nd between the City of Carlsbad, a municipal corporation, ("City"), and
Helming Engineering, Inc., ("Contractor") (collectively, the "Parties") for engineering construction
support for Rancho Santa Fe Road Phase 1 and Phase 2 project nos. 3190,3907,3887 & 3923.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include unanticipated
tasks related to the extended construction schedules of Rancho Santa Fe Road Phase 1 and
Phase 2 projects and the completion of the plans for Phase 2; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated 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. 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".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A on a time and materials basis not-to-exceed Seventy seven thousand
three hundred dollars ($77,300). 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.
3. Contractor will complete all work described in Exhibit "A by July 23, 2006.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. 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.
6. 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.
City Attorney Approved Version #05.22.01
1
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
HELMING ENGINEERING, INC.
(print name/title) p3-c
&,ah& @ m\-cm
d(e-mail address)
**By:
(sign here)
(print namehitle)
(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 off icer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
2
City Attorney Approved Version #05.22.01
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
Project Management $1 1,000
Phase 1 Construction Support $6,000
Phase 2 Plan Preparation $39,700
Phase 2 Construction Support $20,600
TOTAL $77,300
City Attorney Approved Version # 05.22.01
3
Helming Engineering, Inc.
Civil Engineers Municipal Consultants
1650 Linda Vista Drive, Suite 202, San Marcos,
(760) 744-9801 Tax (760) 744-9803
92078
EXHIBIT ‘A’
July 26, 2004
Carrie Loya-Smalley
Public Works - Engineering
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
PROPOSAL TO AMEND AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES FOR
RANCHO SANTA FE ROAD NORTH
Helming Engineering respectfully requesting an amendment to our agreement for construction
support services for Rancho Santa Fe Road. The addition funds requested totals $77,300. If
approved, this additional request would increase the authorization from $416,794 to $494,094.
The request for additional authorization is based on several factors as outlined below:
1. The original budget estimate did not include a number of specific tasks that have come up
during the course of construction of Phase 1 and the completion of plans for Phase 2.
2. The estimated construction time for Phase 2 was extended from 18 months to 22 months
during the bidding period.
3. The amount of effort involved in coordination with the various public agencies and utility
companies involved in the project has been considerably more than originally estimated.
The original cost estimates are proposed to be adjusted as follows:
Task
Project Management
Oriainal Budget Adiustment Revised Budget
$1 56,408 $1 1,000 $167,408
RSF Phase 1
Clearing PS&E $ 5,684 $0 $ 5,684 Habitat Conservation Plan $ 4,410 $0 $ 4,410
Wetlands Mitigation $ 32,928 $0 $ 32,928 Villages of La Costa Reimb. $ 24,696 $1 2,000 $ 37,696
PS&E (Drawing No. 368-2) $ 21,952 ($5,000) $ 16,952
San Elijo Road $ 4,704 $ 0 $ 4,704
Right-of-way $ 9,800 $ 4,700 $ 14,500
PS&E (Drawing No. 368-2B) $ 23,912 $34,000 $ 58,912
Construction $132,300 $20,600 $1 52.900
TOTALS $41 6,794 $77,300 $494,094
RSF Phase 2
Carrie Loya-Smalley
July 26, 2004
Page 2
Attached is a spreadsheet detailing the proposed cost adjustments by sub-items. As we have done
monthly to date we propose to continue to provide you an updated copy of the detailed spreadsheet
along with our monthly invoice.
Should you have any questions on this matter please contact me.
"/c DOUGM HELMING, P.E.( ,)
President
Enclosure
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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 A3 ,fn day of
1( LV , 2002, by and between the CITY OF CARLSBAD, a municipal corporatiori, ("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 DBE Verslon #04.16.02
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee Davable for the Services to be Derformed durina the initial Aareement term
will be four hinired thousand seventeen doilars ($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.
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City Attorney Approved DBE Version #04.16.02
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 Liabilitv 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 DEE Version 1704.16.02
10.1.3 Workers' ComDensation and EmDlover's Liability. 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 Providing 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 Coveraqe. 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 W.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
Title Senior Civil Engineer
City of Carlsbad
Address 1635 Faraday Avenue
Phone No. (760) 602-2746
Carlsbad, CA 92008
Name Doug Helming
Title President
Address =E. W-
Phone No. (760 Escc Indido, CA 92025
ashington
) 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 OBE Version W.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 DBE 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.
B. 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 Cily Attorney Approved DEE Version Kb4.16.02
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 procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
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
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
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 DEE Version iW4.16.02
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 muscbe 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.
~~
a City Attorney Approved OBE Version #04.16.02
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, dong 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.
Ill
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9
City Attorney Approved DBE Version W.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.,
**By:
\
(sign here) INE M. WOOD ._ City Clerk /
(print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a 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
/A pn eputy City Attorney
10
City Attorney Approved DEE Version #04.16.02
8
I@ State of California $ $ county of San Diego $ 6-7-02 5 On D1:e Name and Title 01 Ollicer 1e.g.. Jans OW. Notary Public1 .'
Carol Jean Parker, Notary Public before me,
$ $ personally appeared ~&.LAS I,. HE, IAlI6-
Namc(r1 01 Signer($ iN
0 personally known to me g
@roved to me on the basis of satisfactory evidence &
$? 2 $2 to be the person(s) whose name(s) idare subscribed to the 9 $ within instrument and acknowledged to me that helshenhey $
$ executed the same in hidherltheir authorized capacity(ies), q n: and that by hislherltheir signature(s) on the instrument the ?,
G ,h 8
? person(s), or the entity upon behalf of which the person(s) 2
acted, executed the instrument. 9
WITNESS my hand and official seal.
., nature 01 Notary PuQllC B
r, Though the inlormation below is not required by law. it may prove valuable to persons re/ying on the document and could Prevent fi $ 2 Description of Attached Document 9, 8 litle or Type of Document: $? $ Document Date: $?
\.. L? OPTIONAL
Iraudulent removal and reanachment 01 this form to another document.
IL Number of Pages:
$ Signer(s) Other Than Named Above: -
Capacity(ies) Claimed by Signer(s) Q
h Signer's Name: Signer's Name: 3. <' c2
0 6
0 Individual
dcorporate Officer
0 Partner - G Limited 0 General
0 Attornev-in-Fact
Titk(s): PAS1 DtE
0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
litle(s):
0 Attorney-in-Fact
0 Trusted 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator
0 Other: c! Other:
I II I !
Signer Is Representing: /I Signer Is Representing:
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 thereof,
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 111 force and effect.
IN WITNESS WHEREOF, I have affured my name as Secretary and caused the corporate
seal of said corporation to be affured, this 7th day of June 2002.
1 s HE[MiNq ENCiiNEERiNCj, INC.
civil ENCiiNEERs MuNiCipA! CONSUhANTS hNd PhNNERS
200 E. WAS~~N~ON AYE, SuirE 221, EscoNdldo, CA 92025 (760) 233-4900 FAX (760) 233-4901
EXHIBIT “A”
June 6,2002
Came LoyaSmalley
Senior Civil Engineer
City of Carlsbad
Carlsbad, CA 92008
1635 Faraday Avenue
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-of-way acquisition.
Construction engineering support.
Monitoring and coordination of the environmental permits and HCP requirements.
OMWD, VWD, 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,
DouglasMlming, P.E.
President
Enclosures (1)
Exhibit "A"
Rancho Santa Fe Road - Estimated Cost for Engineering Support Services
I Task Description I Est. Hours I Rate I cost
TOTAL PROJECT MANAGEMENT 1596 f 156,408
RSF Phase 1:
Clearing PS8E:
9-1
8-2
Plan Preparz
8-3
Prep
8-5
9-6
Biologist COI
Consultation
................................................... ' .....................................................
................................... ............................................................... 8-4 Prepare Agenda ............................................................. ..................................................... ............... ....................................
......... Bill .........
C-4
Prepared by: Helming Engineering Page 1 of 3 May 14,2002
Task Description Est. Hours Rate cost
Wetlands Mitigation: ................ ...........................................................................................................................................................................................................................
G-l
............... ._
........................................................................................................................ ......................... Subtotal PS&E
TOTAL RSF Phase 1 p-xii)
Prepared by: Helming Engineering Page 2 of 3 May 14,2002
Task Description I Est.Hours 1 Rate I cost 1
IRSF Phase 2: I I I I
I -2
Subtotal San Elijo Rd.
J-4
9,800
K-3 Caltrans Certification
244 23,912
I TOTAL RSF Phase 21 392 I
....
TOTAL CONSTRUCTION $ 132,300 I I I I GRAND TOTAL 4,189 I I $ 416,794
Prepared by: Helming Engineering Page 3 of 3 May 14,2002
Lh7 /P-
~RD- CERTIFICATE OF LIABILITY INSURANCE&PLD, ~4 DLi/22/02 DIITEWWDIWY)
PROWCW THB CERllFlCATE )(I WUED A8 A MAlTER OF INFORMATION ONLY AND CMlTERS NO MHTS UPON THE CERTlFlCATE
Cavignac L MIIOCiates 1230 Columbia St., Suite 850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR
San Diego CA 92101-3541 Phone: 619-234-6848 Fax:619-234-8601 INSURERS AFFORDING COVERAGE - dt- INSwIwA mitedstatesri~litywuuaranty A xv
INSWIERB ID.. caopaniea [a- X\V wt
THE FULlClES OF INSURANCE LISTED BELOW WVE BEEN 188uED TO THE INSURI M REQUIREMENT. TERM OR CONDITION OF PW CWMT OR OTHER WUM MAY PERTAIN ME IKSURLNCE AFFORDED BY THE POLICIES OESCRlBED HEREIP POLICIES. UXiREQATE LIMITS SHOAT4 MAY WVE BEEN REUEED BY PAID CLAM
Wl MEOFMUUKE I FuJcY-
I I
B Peofassional QL01116200
m
06/13/02 05/13/03 *Limits ~1,000,000
Deduct. $ 5000 smuL -
Iregate Limit Policy
p@ hmbC BKOl117489
Broadened Liibilii Coverage Endorsement
ARCHITECTS AND ENGINEERS
THIS ENDORSEMENT MAWGES THE mucy. PLEASE REAO II MRERILLY.
This endorsement modifies insurance omvided under the follming:
LIABILIP/COMRAGE PART
The following changes are made to the LlASlLlN
COVERAGE PART.
1. The folloning paragraph is ackkd m SECTION I -
COVERAGE:
E. Additional Insured Exclusions
1. In addition to the other exclusions applicable
to COVERAGES A. 6. and C.. the insurance
pmvided to an Additiml insured daes not
awly to:
a.
h
'Pmpetty danage' m:
the Additional Insured;
Propetty owned occupied or used by
Pmperty rented, leased or loaned to,
in the care. custody or control of. of
over which physical mtml is being
exercised for any plrpose by the
Additional Insured; or
'Your work' perfomred for Ute
Wtional Insured.
"ily injury,' 'property 6an-e~'
'personal injury.' OT 'advertising inplry'
which is nM caused m whole or in part
by &e negligent acts or missions at any
Named Insured. or the negligent acts or
missions of anyone directly or indirectly
whose acts a Nmd Insured may be
mployed by a Named Insured or for
liable.
2 Paragraph 1 b of SFCTION II - WHn IS AN INSIRFD
is replad by following:
A partnership or pint venture. w are an insured. Your
members, ywr partners and their spouses are also
insureds, but only with res@ to the anduct of your
business. You are an insured for wr partidpation in any past or present 'unMned joint venture' if there is
IX) other similar insurance available IO that
organization. This protection does not apply if the
ms, rents, or leases any real or personal pmperty.
'unnamed pint wwre' has direct employees: or
Not does it apply to any other member ot the 'unnamed joint venture.'
3. The following is added to paragraph 2. of SECTION It WHO IS AN INSURED
i. If you are required to add another perm or
organlmlon as an insured und!?r this policy iy a
winen wurk contract or agrewnent which is in
effect during the policy period and a certificate of
insurance has been issued listing that persun ur
organization as an Additional Insured, that perm
or organization is an insured. Such perm OT organization is referred m In mis Coverag: Part as
an Additiml Insured.
4. The final paragraph in SECTION II - WHO IS AN
INSUREDisreplacedbytl~fdlawing:
No person or organization is an insured with respect to
the mhct of any eurrent or past partnership or
limited liability mmpany ht is not shown as a Naned Insured in the Declarations.
5. Paragrap? 2. M SECTION 111 - LIMITS OF LIABILITY is
replaced by the followina:
UIBF2181MM Pwld?
..
The General Aggregate Limit is the mst we will pay for each of 'your premises' listed in the Schedule of
Premises and each of S/ourwark sites'.
6. With respect to 3.i. ah the following additional
provision applies:
SECTION IV.5. Ocher Insurance is replaced by the
following:
5. Other Insurance
The insurance afforded by this Coverage Palt is primly insuranae and we will not seek
mntribution fmn any other insurance available to
the insured unless the other insum is provi&d
by a mntractor. Then we will share with that
Otk inwm the mhad desuibed k\w.
If all of he other insumnce permils mntnbution
ty eplal shares, we will follow this method also.
Under this appmarh. each insurer mn!ributes qal amounts untll it has !md 16 applicable limit
of insurance or mne of the loss remains.
whicheveramesfirst
If any of the ohr insum does not pennit
mtriburion bv equal shares. we will contribute
by limits. Under this method. each insureis share is based on the ratio of its applicable limit of
insurance to the total applicable limits of
insuram of all insurers.
7. The following are added to SECTION V - DEFINITIONS
'Unnamcd joint vcntum' means any pint venture with
other architects or Bngineers that is rot named in the liability Coverag? Part Dedaratior.
that you own or rent or leas8 fmn olhers. 'Your prmises' means any premises. site. or location
'Your wark sites' means any premises, site, or
loeation at. w\. a in wtih wur WMk is rot yet
completed. Dmer !ban your premises.
All other terms of the policy main the same
m2181(*01
,. .
mfease costa rncluded within Lbit of Liability.
05/13/03
CO*B'*o-L*IIT 11,000,000
I
05/13/03 $1,000,000
Deduct. $ 5000
dt Policy
~ ~.
5962 LA PLACE COURT #425
CARKSBAD CA 92008
-
TO BE POSTED IN A CoNsPICtDlJS NOTTRANSITWEE
BUS. NUMBER 1197713 I 01/03/2002 MTE mum
SIC CODE 871 1
OWNER FIRM OR cwownm NAME
BUSINESS NAME
MLING ADDRESS
UTY AND STATE
zoo E WASHINGTON AVE STE 221
SIC DESCRIFTION Engineering Servlces EXf'IRATION DATE
HELMING ENGINEERING, INC.
HELMING ENGINEERING, INC.
200 E WASHINGTON AVE STE 221
ESCONDIW. CA 920251806