HomeMy WebLinkAbout1996-02-13; City Council; 13520; APPROVAL OF CONSULTANT AGREEMENT CONTRACT WITH TRANSTECH ENGINEERS, INC. FOR PHASE 1 OF THE COASTAL RAIL TRAIL-
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OF CARLSBAD - AGEHA BILL /'' ,sz:?,/t i * CW
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CITY A T CITY M
APPROVAL OF AB # j 'a; 5tLfi TITLE:
MTG. 211 3/96 CONSULTANT AGREEMENT CONTRACT
WITH TRANSTECH ENGINEERS, INC. FOR
PHASE 1 OF THE COASTAL RAIL TRAIL DEPT. FNG
REGOMMENDED AGTION;
c Adopt Resolution No. IL? -Lz authorizing the Mayor to execute a consultant agree
contract with Transtech Engineers, Inc. for the development of the Feasibility Stud
Preliminary Design Phase of the Coastal Rail Trail project.
ITEM EXPLANATION:
The Coastal Rail Trail Project is designated as a Class I bicycle facility which is pro1
to be constructed in the existing railway corridor between the Oceanside Transit S
and the Santa Fe Depot in downtown San Diego: a distance of 42 miles. The C
Carlsbad has been designated as the "lead agency" through the San Diego Associal
Governments (SANDAG) Regional Transportation Improvement Program (RTI P).
The Coastal Rail Trail is envisioned as a multi-modal transportation facility which \
serve a wide array of bicycling enthusiasts and various forms of pedestrian
(i.e., rollerblading, jogging, etc.). This facility will serve as the main "backbone" SI along the coastal corridor which will ultimately tie into local citywide bicycle anc
networks. The route will also serve as a main junction with the Coaster system
connecting route with all the existing and proposed transit stations.
In 1989, the SANDAG Bicycle Facilities Coordinating Committee (BFCC) commissiol
report with Morrison-Knudsen Engineers to identify the potential and physical consti
of a linear bicycle path along the AT&SF Railway's right-of-way. This study also prey
a schematic of the corridor identifying design and right-of-way problems. The :
concluded that it was technically feasible to construct a bike path along the rai
right-of-way for nearly its full length. The only exception is a 1-1/2 mile segment ne2
Del Mar Racetrack. In addition, the report also stated that safety of both cyclists
railroad operations is of concern and consideration may be given to constructing a f
or other barrier between the bike path and the tracks, especially where the distan
small.
The next phase of the Coastal Rail Trail project is to contract with a team of consuli
that will evaluate the compatibility of a multimodal bicycle facility within an existing higt
commuter train corridor. The feasibility phase includes a report describing the imr realized as a result of the construction of a project of this nature and the preparatic
preliminary design plans of the recommended alignment.
This study is envisioned to evaluate such issues as:
b Alternative alignments
t Physical and environmental constraints
t Safety and liability concerns
t
t Estimated construction costs
Permitting requirements from the affected regulatory agencies
t Preliminary design plans and specifications
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c Page 2 of Agenda Bill No. I 3j 5 ikc
A Coastal Rail Trail Committee, consisting of representatives from the coastal commu in this corridor, was formed as a subcommittee of the BFCC. This Committec
coordinated their efforts to prepare a specific Scope of Work which is part of the cons
agreement. A Request for Proposal was sent to approximately 65 applicants whic
Committee evaluated based on qualification and developed a "short list" of four qui
firms. Oral interviews were recently completed and the firm of Transtech Engineer!
chosen to complete the next phase of this project. This phase is estimated to
$51 8,885.
A similar project is currently underway in the North County Transit District (NCTD) rai
right of way between the Cities of Oceanside and Escondido. This route is also propc
a connection to the California University at San Marcos campus. The City of San M;
is the "lead agency" and is presently under a joint design project with NCT
development the commuter train system and compatible bicycle route. Currently, th(
no firm construction schedule for either project.
FISCAL IMPACT:
The work tasks performed under this consultant agreement will be funded thr
previously approved federal and state sources. In the first cycle of the ISTEA progran
BFCC requested funding through the Congestion Mitigationwir Quality (CMAQ) ele
in the amount of $768,000. The State of California has also contributed $192,0
matching funds from the Transportation System Management (TSM) program. 7
funding sources are secured through a Supplemental Agreement approved by CALTh
and the City of Carlsbad last year.
In addition, both funding sources allow for the charging of staff time to administe
consultant contract. Therefore, there will be no expenditure of General Fund monic
support this program.
EXH I BITS :
1. Resolution No. "iei & 2- authorizing the Mayor to execute a consultant agree
contract with Transtech Engineers, Inc. for the development of the Feasibility Stud)
Preliminary Design Phase of the Coastal Rail Trail project.
Consultant agreement with Transtech Engineers, Inc. 2.
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0 0 Exhibit 1
RESOLUTION NO. 9 6 - 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A CONSULTAN1
AGREEMENT CONTRACT WITH TRANSTECH ENGINEERS, INC. FOR THE
DEVELOPMENT OF THE FEASIBILITY STUDY AND PRELIMINARY DESIGN PLAP
PHASE OF THE COASTAL RAIL TRAIL PROJECT.
WHEREAS, the Coastal Rail Trail project is a 42 mile multi-modal bicycle and pe
facility envisioned to be constructed in the existing railroad right-of-way between the Oc
Transit Center and the San Diego Santa Fe Depot; and
WHEREAS, The City of Carlsbad has been designated as the lead agency
development of the Feasibility Study and Preliminary Design Plan Phase as identific
Seven Year (1 994-2001) Regional Transportation Improvement Plan (RTIP) approve1
Board of Directors of the San Diego Association of Governments (SANDAG); and
WHEREAS, as lead agency, the City of Carlsbad is obligated to administer the cc
contract on behalf of the coastal jurisdictions in the railway corridor between the 0
Transit Center and the San Diego Santa Fe Depot; and.
WHEREAS, funding has been secured through the lntermodal Surface Trans
Efficiency Act (ISTEA) program through the Congestion Mitigation/Air Qualrty (CMAQ)
with additional funding contributed from the Transportation System Managemel
program; and
WHEREAS, it is in the best interest of the City to authorize the Mayor to t
consultant agreement contract with Transtech Engineers, Inc.
NOW, THEREFORE, BE IS RESOLVED by the City Council of the City of
California as follows:
1, That the above recitations are true and correct.
2. That the City of Carlsbad is acting as lead agency in the administrati
consultant agreement contract for the Coastal Rail Trail project as identified in the S
(1 994-2001) Regional Transportation Improvement Program.
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3. That the consultant fee of $518,885 will be charged to Project
Nos. 380-81 46-3455 and 392-821 7-3455.
4. That the consultant agreement with Transtech Engineers, Inc. is hereby apprc
the Mayor and City Clerk are hereby authorized and directed to execute said agi
Following the Mayor’s signature, the CQ Clerk is further authorized and directed to fon
(2) executed copies of said agreement and this resolution to Transtech Engineers, Inc., E
Mr. David Aim, Transportation Engineering Manager, 424 Summit Street, Suite 120, Oc
California, 92054.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
held on the 13th day of February , 1996 by the following vote, to wii
AYES:
NOES: None
ABSENT None
Council Members Lewis, Nygaard, Kulchin, Finnila and Hall
(SEAL)
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January24, 1996
TO: ASSISTANT CITY CLERK
FROM: Management Analyst, Engineering
VIA: Acting City Engineer Q&
CONSULTANT AGREEMENT WITH TRANSTECH ENGINEERS, INC.
Four sets of our proposed agreement with Transtech Engineers, Inc. are enclosed. An
agenda bill, tentatively scheduled for the February 6, 1996 City Council meeting is in
process. After approval by the City Council, the enclosed documents will be ready for
signature by the City Clerk, City Attorney, and City Manager.
Upon execution, please keep one copy of the agreement and return three to me. The
consultant has requested two copies and we will keep one on file.
Thank you for your assistance.
*L&-pCkG&
MINDY JACOBS
Management Analyst
Enclosures
cc Senior Management Analyst, Engineering
Associate Engineer Jantz
\ e 0 Exhibit 2
(Pages 5 - 27 3
c
AGREEMENT FOR
ENGINEERING, ENVIRONMENTAL AND PLANNING SERVICES FOR
PREPARATION OF A FEASIBILITY STUDY AND PRELIMINARY DESIGN PLANS
FOR THE COASTAL RAIL TRAIL PROJECT
THIS AGREEMENT, made and entered into as of the day of I 19-
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a!
"City", and TRANSTECH ENGINEERS, INC,, hereinafter referred to as "Contractor."
RECITALS
City requires the services of TRANSTECH ENGINEERS, INC., to provide the necessar
Engineering, Environmental and Planning services for preparation of a Feasibility Study anc
preliminary design plans for the Coastal Rail Trail Project; and Contractor possesses thi
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containec
herein, City and Contractor agree as follows:
I. CONTRACTOR'S OBLIGATIONS
Prepare and submit a wriien preliminary design report investigating the feasibility c
constructing a Class 1 Bikeway from San Diego to Oceanside. The bikeway is envisioned to li
within the existing San Diego Northern Railway railroad right-of-way that extends from the Sant
Fe Train Depot in downtown San Diego to the Oceanside Transit Center, a distance c
approximately 42 miles. The bikeway would be intended primarily for commuter bicycle trips bi
is also expected to be utilized by recreational bicyclists, pedestrians and other types c
non-vehicular travel. Minimum design criteria are to be based on Chapter 1000 of Cattran
Highway Design Manual.
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SCOPE OF WORK
The scope of work for the Design Feasibility Study includes the tasks set forth below:
A. Conduct an inventory of existing and proposed uses for the existing ra
right-of-way by contacting the following :
1.
2.
3.
San Diego Northern Railway (SDNR).
Metropolitan Transit Development Board (MTDB).
The Cities of San Diego, Del Mar, Solana Beach, Encinitas, Carlsbad anc
Oceanside.
Other agencies as may be necessary (Le., AMTRAK, Cattrans, Santa F
Railway, State Parks 8t Recreation Department, etc.)
4.
B. Conduct a field review of the rail right-of-way and possible alternative bikewa
routes to include:
1. Identification of physical constraints/opportunities.
2. Identification of environmental constraints.
3. Surface street constraints/opportunities to be used in conjunction with th
bikeway.
C. Prepare a report to include, but not limited to:
1. Development of alternative alignments.
2.
3.
4.
5. Design standards.
6. Design constraints.
7.
Engineering analysis of recommended alignment for the bikeway.
Engineering analysis of atternative bikeway routes.
Develop and identrfy construction phasing options.
Consideration of lateral crossings to interface with local pedestrian an
bicycle trails.
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8. Environmental assessment of recommended bikeway alignment anc
alternative (not an EIR).
Potential mitigation provisions for environmental constraints.
Relationship of bikeway to rail and passenger stations.
9.
10.
1 1,
12. Landscaping and irrigation concept.
13. Maintenance and operation issues.
14.
Safety and security considerations,
Right-of-way leasing or joint use agreements including, but not limited to
a. costs
b. Process
c. Conflicts with existing leases
d. Liability considerations
e. Feasi bi lrty
Acquisition of easements or property.
Investigate and identify multi-agency liability issues along the entire tra
corridor and present possible solutions.
Cost estimate for recommended bikeway alignment and alternatives.
a. By phases
b. Summary
Identity and document the following:
a.
15.
16.
17.
18.
All agencies to be consulted and all permits needed prior t
construction.
Consult with regulatory agencies to determine potential perm
conditions and requirements.
c. Caltrans requirement for processing construction plan:
specifications and estimates.
Potential funding sources and process steps to obtain the fundins
Pending legislation and/or policies that may impact the propose
project.
Develop recommendations related to liability issues, enforcement, insurancc
maintenance, etc., for pedestrian/rail crossings based on judicial proceedings an
relative State and Federal laws,
b.
d.
e.
19.
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B. Prepare a set of plans on "D" sized sheets (24" x 36") showing the recommendec
bikeway route and atternatives. The plans should include, but not be limited to
1. Plan view of proposed bikeway alignment and alternative alignment:
shown on ortho photo mylars at a scale not less than 1 "=200'. Profiles ar(
to be included where necessary or appropriate for clarii. Photo shall bc
within the last one (1) year.
Existing railroad right-of-way, existing lease conflicts and any proposec
easements or acquisitions.
Typical design cross-sections for the different terrain areas expected to bc
encountered.
Affected private property boundaries, with assessor parcel numbers an(
ownership information.
Details of street crossings, rail crossings and pedestrian crossings.
2.
3.
4.
5.
6. Utility locations affected.
7. Existing easements affected.
8. Preliminary details of design features to include:
a. Bridges.
b. Required storm drain facilities.
c.
d.
Extent of grading requirements, including any retaining structure!
New utilities proposed to be constructed in conjunction with th
bikeway.
e. Relocations of existing utilities.
f. Proposed phases for construction.
g, Recommended signage.
h. Proposed barriers.
1. Landscaping and irrigation concept.
i.
k. Lighting, as necessary.
Bicycle trail interface with rail and passenger stations.
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E. The consultant should anticipate, but not be limited to, the following meetings.
1.
2. Kick-off meeting.
3.
Meetings with Coastal Railflrail Committee.
Issue resolution meetings (except two each) with each affected City, SDNF and MTDB.
4.
5. Draft plan review meetings.
6.
7.
At least one (1) public community outreach meeting in each affected City.
Meeting with Bicycle Facilities Coordinating Committee.
At least one (1) meeting each with Planning Commission and City Council of eact
affected City.
F. Prepare the following draft and final reports:
1, Draft Report - Provide twenty-five (25) copies of a complete draft report includin!
report text, graphics and plan sheets.
Final Report - Provide the following:
a.
2.
100 bound copies of the Final Report including text, graphics and reducec
plans.
15 stapled full-size sets of prints of the plans.
Seven (7) sets of full-size mylar reproducible plans.
One (1) set of full-size negatives of all aerial photography utilized durin!
preparation of the report.
One (1) set of photos taken and one (1) set of negatives.
b.
c.
d.
e.
2. CITY OBLlGATlONS
The City shall provide the following:
1. One (I) copy of the Bicycle Master Plan for each of the cities that have adopte
same.
One (1) copy of the Circulation Element of the General Plan from each city. 2.
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3. One (1) copy of the 1989 San Diego to Oceanside Commuter Rail Study - Coasta
Corridor Bicycle Path Analysis.
A list of contacts of each crty within the railway corridor including telephonc
numbers.
4.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of notification tc
proceed by the City and be completed within two hundred seventy (270) days of that date
Extensions of time may be granted if requested by the Contractor and agreed to in writing by thl
Project Manager. The Project Manager will give allowance for documented and substantiatec
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of th
Contractor, or delays caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $518,885. No othc
compensation for services will be allowed except those items covered by supplement:
agreements per Paragraph 8, "Changes in Work." The City reserves the right to withhold ate
percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The contra(
may be extended by the City Manager for one (1) additional one (1) year periods or parts thereo
based upon a review of satisfactory performance and the City's needs. The parties shall prepar
extensions in writing indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
On the 1st working day of each month, Contractor shall submit his/her invoice for WOI
performed during the prior month. Payment of approved items on the invoice shall be maile
to the Contractor prior to the 30th day of the month the invoice was submitted. The contract
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a lump sum contract. Billings will be based on a percentage of completion as agreed on by the
Contractor and the City. A ten percent (10%) retention shall be retained from each progress
payment until final acceptance sf the project by the City of Carlsbad.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the Feasibility Study report the
Contractor shall deliver to the City the following items:
A.
B.
C.
D.
100 bound copies of the Final Report including text, graphics and reduced plans
15 stapled full-size sets of prints of the plans.
Seven (7) sets of full-size mylar reproducible plans.
One (1) set of full size negatives of all aerial photography utilized durin!
preparation of the report.
One (1) set of photos taken and one (1) set of negatives. E.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the City, an(
informal consultations with the other party indicate that a change in the conditions of the contrac
is warranted, the Contractor or the City may request a change in contract. Such changes sha
be processed by the City in the following manner: A letter outlining the required changes sha
be forwarded to the Crty by Contractor to inform them of the proposed changes along with
statement of estimated changes in charges or time schedule. A Standard Amendment ts
Agreement shall be prepared by the CW and approved by the City according to the procedure
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shz
not render ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company t
person, other than a bona fide employee working for the Contractor, to solicit or secure th
agreement, and that Contractor has not paid or agreed to pay any company or person, othc
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than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon, or resutting from, the award or making of this agreement. For
breach or violation of this warranty, the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding nondiscrimination
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work a!
provided for in this contract, the City may terminate this contract for nonperformance by notifyins
the Contractor by certified mail of the termination of the contractor. The Contractor, thereupon
has five (5) working days to deliver said documents owned by the City and all work in progres!
to the Project Manager. The Project Manager shall make a determination of fact based upon th
documents delivered to City of the percentage of work which the Contractor has performed whic
is usable and of worth to the Crty in having the contract completed. Based upon that finding a
reported to the City Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30) days wrkte
notice to the other party. In the event of such suspension or termination, upon request of th
City, the Contractor shall assemble the work product and put same in order for proper filing an
closing and deliver said product to City. In the event of termination, the Contractor shall be pa'
for work performed to the termination date; however, the total shall not exceed the lump sum fc
payable under paragraph 4. The City shall make the final determination as to the portions '
tasks completed and the compensation to be made.
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12. DISPUTES
If a dispute should arise regarding the performance of work under this agreement, thG
following procedure shall be used to resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they become identified as a part a
a dispute among persons operating under the provisions of this contract, shall be reduced tc
writing by the principal of the Contractor or the City Project Manager. A copy of suct
documented dispute shall be forwarded to both parties involved along with recommendec
methods of resolution which would be of benefit to both parties. The City Project Manager o
principal receiving the letter shall reply to the letter along with a recommended method o
resolution within ten (10) days, If the resolution thus obtained is unsatisfactory to the aggrievec
party, a letter outlining the dispute shall be fonvarded to the City Council for their resolutior
through the Office of the City Manager. The City Council may then opt to consider the directec
solution to the problem. In such cases, the action of the City Council shall be binding upon thc
parties involved, although nothing in this procedure shall prohibit the parties seeking remedie:
available to them at law.
13. CLAIMS AND LAWSUIT3
The Contractor shall agree that any contract claim submitted to the City must be assertec
as part of the contract process as set forth in this agreement and not in anticipation of litigatioi
or in conjunction with litigation. The Contractor acknowledges that if a false claim is submittec
to the City, it may be considered fraud and the Contractor may be subject to crimine
prosecution. The Contractor acknowledges that California Government Code sections 12650 g
seq,, the False Claims Act, provides for civil penalties where a person knowingly submits a falsc
claim to a public entrty. These provisions include false claims made with deliberate ignorance c
the false information or in reckless disregard of the truth or falsrty of information. If the C'ity c
Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover it
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litigation costs, including attorney’s fees. The Contractor shall acknowledge that the filing of c
false claim may subject the Contractor to an administrative debarment proceeding wherein thc
Contractor may be prevented to act as a Contractor on any public work or improvement for E
period of up to five years. &(Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 anc
3.32.028 pertaining to false claims are incorporated herein by reference. mnitial)
14. STATUS OF ME CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own way a:
an independent contractor and in pursuit of Contractor’s independent calling, and not as a
employee of the City. Contractor shall be under control of the City only as to the resutt to b
accomplished, but shall consutt with the City as provided for in the request for proposal. Th
persons used by the Contractor to provide services under this agreement shall not be considere
employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the Crty. The payment made to th
Contractor pursuant to the contract shall be the full and complete compensation to which th
Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf t
the Contractor or his/her employees or subcontractors. The City shall not be required to pay an
workers’ compensation insurance or unemployment contributions on behalf of the Contractor c
his/her employees or subcontractors. The Contractor agrees to indemnify the City within 30 da!
for any tax, retirement contribution, social security, overtime payment, unemployment payme
or workers’ compensation payment which the City may be required to make on behalf of tt
Contractor or any employee or subcontractor of the Contractor for work done under th
agreement or such indemnification amount may be deducted by the City from any balance owir
to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform and Contrc
Act of 1986 and shall comply with those requirements, including, but not limited to, verrtying thc
eligibility for employment of all agents, employees, subcontractors and Consultants that arl
included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all applicabl
requirements of law: federal, state and local. Contractor shall provide all necessary supportin
documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
The Contractor agrees to comply with Federal procedures in accordance with 49 CFf
part 18, and cooperative agreements to State and local governments and contract cost principle
and procedures 48 CFR, Federal acquisition regulations system, Chapter 1, Part 31,000 et seq
which is used to determine eligibility of individual items of cost.
The Contractor and Subcontractors shall maintain all books, documents, paper
accounting records, and other evidence pertaining to the performance of the contract, includir
but not limited to the performance of the contract, including but not limited to the costs (
administrating the contract. All parties shall make such materials available at their respecti\
offices at reasonable times during the contract period for three years from the date of the fin
payment under the contract. Federal and State auditors, or any duly authorized representativ
shall have access to any books, records, and documents of the Contractor or Subcontractor th
are pertinent to the contract for audits, examinations, excerpts, and transactions. Copies there
shall be furnished if requested.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein required a
the property of the City, whether the work for which they are made be executed or not. In tl
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event this contract is terminated, all documents, plans, specifications, drawings, reports, anc
studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1
copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work pursuan
to this contract shall be vested in City and hereby agrees to relinquish all claims to sucl
copyrights in favor of Clty.
18. HOLD HARMLESS AGREEMENT
The City, its elected and appointed officers and employees shall not be liable for an
claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any persoi
whatever; nor for personal injuries or death caused by, or resulting from, or any intentional o
negligent acts, errors or omissions of Contractor or Contractor’s agents, employees, c
representatives.
Furthermore, Contractor agrees to defend, indemnrfy, protect, and hold free and harmles
the City and its elected and appointed officers and employees against any claims for damage:
liabilities, penalties or fines, costs or expenses, including liabilities or claims by reason of allege(
defects in any plans and specifications arising out of the conduct of the Contractor or any ager
or employee, subcontractors, or others in connection with the execution of the work covered b
this agreement, except only for those claims arising from the sole negligence or sole willfi
conduct of the City, or its elected and appointed officers and employees.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and harmles
the City and its elected and appointed officers and employees against any claims for damage:
liabilities, penalties or fines, costs or expenses, including liabilities or claims by reason of allege
defects in any plans and specifications arising out of or connected with the negligent conduc
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of the Contractor or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this agreement.
Contractor‘s indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims
whether the same proceed to judgment or not.
Contractor shall at its own expense, upon written request by the City, defend any suct
suit or action brought against the City, its officers, agents or employees. Contractor’<
indemnification of City shall not be limited by any prior or subsequent declaration by thc
Contractor,
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies dui
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this contrac
by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions c
Contractor’s subcontractor and of the persons either directly or indirectly employed by thl
subcontractor, as Contractor is for the acts and omissions of persons directly employed b
Contractor. Nothing contained in this contract shall create any contractual relationship betwee
any subcontractor of Contractor and the Crty. The Contractor shall bind every subcontractor an
every subcontractor of a subcontractor by the terms of this contract applicable to Contractor
work unless specifically noted to the contrary in the subcontract in question approved in wriitin
by the City.
Any subcontract in excess of $25,000 as a result of this contract shall contain all of tt-
provisions stipulated in this contract.
rev. 1 0/16/1
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21. PROHIBITED INTEREST
No official of the Crty who is authorized in such capacity on behalf of the City to negotiate
make, accept, or approve, or take part in negotiating, making, accepting, or approving of thi
agreement, shall become directly or indirectly interested personally in this contract or in any pal
thereof. No officer or employee of the City who is authorized in such capacity and on behalf c
the City to exercise any executive, supervisory, or similar functions in connection with th
performance of this contract shall become directly or indirectly interested personally in thi
contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the Cit!
either before, during or after the execution of this contract, shall affect or mod*@ any of the terrr
or obligations herein contained nor entitle the Contractor to any additional payment whatsoevc
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement,' all term:
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, ar
each of their respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in accordanc
with the requirements of the City's conflict of interest code incorporating Fair Political Practicc
Commission Regulation 18700 as it defines "consultant," The disclosure category shall t:
categories 1, 2, 3 & 4.
rev. 1 011 61
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26. INSURANCE
?he Contractor shall obtain and maintain for the duration of the contract and any and al
amendments insurance against claims for injuries to persons or damage to property which ma!
arise out of or in connection with performance of the work hereunder by the contractor, hi!
agents, representatives, employees or subcontractors. Said insurance shall be obtained fron
an insurance carrier admitted and authorized to do business in the State of California. Th(
insurance carrier is required to have a current Best’s Key Rating of not less than ‘A-:v” and sha
meet the City’s policy for insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits indicate
herein, unless a lower amount is approved by the City Attorney or City Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined single
limit per occurrence for bodily injury, personal injury and property damage. If the submitte
policies contain aggregate limits, general aggregate limits shall apply separately to the wor
under this contract or the general aggregate shall be twice the required per occurrence limit.
Automobile Liability (i the use of an automobile is involved for contractor’
work for the City). $1,000,000 combined single-limit per accident for bodily injury and properi
damage.
2.
3. Workers’ Compensation and Employer’s Liabilrty. Workers’ Compensatia
limits as required by the Labor Code of the State of California and Employer’s Liability limits t
$1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liabillty appropriate to tf
contractor’s profession, with a discovery period of not less than 12 months after completion (
work or termination of contract. $1,000,000 per occurrence.
rev.1 011 61
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8. Additional Provisions.
Contractor shall ensure that the policies of insurance required under thi:
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies excludin!
Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City befort
commencement of work.
3. The contractor shall obtain occurrence coverage, excluding Professiona
Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and an!
extension thereof and shall not be canceled without 30 days prior written notice to the Clty sen
by certified mail.
5. If the contractor fails to maintain any of the insurance coverages require(
herein, then the City will have the option to declare the contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order that the
required coverages may be maintained. The contractor is responsible for any payments mads
by the City to obtain or maintain such insurance and the City may collect the same from the
contractor or deduct the amount paid from any sums due the contractor under this agreement
rev.l0/16/95
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are
as follows:
For City: Title Associate Enqineer/Proiect Manager
Name Steven C. Jantz
Address CitV of Carlsbad/Enqineerinn Department
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
For Contractor: Title Transportation Enqineerinq Manager
David Alm, Transtech Engineers, Inc.
424 Summit Street, Suite 120
Oceanside, CA 92054
Name
Address
rev.lO/lW
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28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the duratic
of the contract.
Executed by Contractor this \ ud/t\ day of . )h u &+y I193
CONTWCTOR:
TRANSTECH ENGINEERS, INC, CITY OF CARLSBAD, a municipal
By: -AG (?-,.+
AI; L av, , I' I ATTEST:
(sign here
e -!
(print name/title) '
! -A ALETHA L. RAUTENKRANZ
-7 City Clerk
,<J/Q 1 /?2L(&/ /<&i)
<in&iieit it le)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
only one officer signs, the corporation must attach a resolution certified by the secretary
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
K;j!r-JL o ~. ~
BY DqmtySity Attorney
2 -/+IC.
rev. 10/16/
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'I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,.*
Countyof LOS A~qe'ps
before me, .C Y /3 /c!-. eA\/JP/ /U(C)~'G/~ Phb//F
Date Name and Title of Officer (e.g., "Jane Doe. Nota&biic")
Narne(s) of Signer($
&ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose narne(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their 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.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Date: Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: &'
El Individual
&Corporate Officer
Partner - 0 Limited 0 General
Signer's Name: 04 /6 A'? EL/ch'g
ELCorporate Officer
Title(s): S-c ope +-
E Partner - 0 Limited 0 Gene61
Guardian or Conservator
Signer Is Representing:
Prod. No. 5907 Reorder: Call Toil-Free 1
cfi v /R
Title(s): ,Pn?53Cdo
I? Guardian or Conservator
Signer Is Representing:
0 1994 National Notary Assmiation - 8236 Rernrnet Ave., P.O. Box 7184 * Cancga Park, CA 91309-7184
.
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Page 1 of4
EXHIBIT A
Agreement for
Engineering, Environmental and Planning Services for
Preparation of a Feasibility Study and Preliminary Design Plans
for the Coastal Rail Trail Project
Contractor will begin work within ten (1 0) calendar days after receipt of notification to proceed by
progress reports of work completed in accordance with the Scope of Work.
Transtech will invoice the City monthly on the following percentage of tasks completed ir
accordance with the Scope of Work. Transtech will invoice for payment of work completed a
follows:
Payment of ten percent (10%) of the contract, $51,888.50, to be submitted to Transtech as an up
front payment to begin work. This ten percent (10%) payment will be included in the submittal
requirements for Task I.
A payment of twenty percent (20%) of the contract, $103,777.00, to be submitted to Transtech a1
the completion and acceptance by the City of Task I.
A payment of thirty percent (30%) of the contract, $155,665.50, to be submitted to Transtech at thc
completion and acceptance by the City of Task 11.
A payment of thuty percent (30%) of the contract, $155,665.50, to be submitted to Transtech at th
completion and acceptance of the City of Task 111.
A final ten percent (1 O%)of the contract, $5 1,888.50 will be retained upon acceptance of the fina
product in accordance with the Scope of Work and any change orders approved by the City.
the City. Upon the 1st working day of each month Contractor will provide to the City detailed
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Agreement for Coastal Rail Trail Project Exhibit A
Page 2 of 4
Task I: 30% completed
1. Inventory of existing and proposed uses. Contact affected agencies.
2. Assemble all available maps and data.
3. Conduct field review assessing physical constraints/opportunities, environmental constraints,
street constraints/opportunities.
4. Meet with City staff, Coastal Rail Committee and affected agencies. Meet with Bicycle
Facilities Coordinating Committee. Determine processing requirements and potential permit
requirements.
Review all existing environmental documents. Develop gap analysis and identify necessary
surveys to be conducted.
Conduct necessary aerial photography. Identify alternative alignments.
5.
6.
7. Conduct kick-off meeting.
Submittal of working paper(s) to the City to identify alternative alignments, summary of
environmental issues and surveys. Provide summaries of processing and permit requirements.
Task 11: 60% completed
1. Review and consideration of liability and legal issues. Determination of pending legislation
andor policies that may impact project. .
boundaries, with assessor parcel numbers and ownership information.
Conduct environmental assessment of recommended bikeway alignment and alternatives.
Provide potential mitigation provisions.
Develop right-of-way or joint use agreements which address costs, process, conflicts with
existing leases, liability considerations, and feasibility.
Identify and provide resolutions for safety and security considerations.
Conduct community meetings, Planning Commission and/or City Council as directed by
each local agency. Continue meetings with Coastal Rail Committee.
Preliminary engineering of 60% design of bikeway.
2. Identify necessary acquisition of easements and property. Provide affected private property
3.
4.
5.
6.
7.
8. Preliminary cost estimates.
Submittal of working paper(s) to the City detailing liability and legal issues, easement and
acquisitions, right-of-way agreements and joint use agreements, safety and security considerations,
environmental assessment and potential mitigation, and preliminary cost estimates. Provide
engineering analysis of alternative alignment study. Submittal of 60% preliminary engineering
design of bikeway.
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Agreement for Coastal Rail Trail Project Exhibit A
Page 3 of 4
Task 111: 90% comdeted
1. Complete preliminary engineering design of bikeway, identifying relationship of bikeway
to rail and passenger stations, alternative alignments, construction phasing options, design
standards, design constraints, and interface of lateral crossings with pedestrian and bicycle
trails, ridges, storm drain facilities, grading requirements, new utilities proposed, relocations
of existing utilities, and barriers..
Complete conceptual landscape and lighting plan.
Conduct cost estimate and potential funding mechanisms of recommended bikeway
alignment. Submittal of working paper to the City.
Identify maintenance and operation costs and issues.
Complete engineering design of street crossings, trail crossings, and pedestrian crossings.
Complete typical design cross sections for different terrain areas expected to be encountered.
Develop conceptual signage plans for trail signs, kiosks, miles markers.
Conduct community meetings, Planning Commission and/or City Council as directed by
each local agency. Continue meetings with Coastal Rail Committee.
2.
3.
4.
5.
6.
7.
Submittal of conceptual landscape and lighting plan; preliminary engineering plans; bridge and street
crossing details. Submittal of working paper(s) of cost estimates, operation and maintenance issues, summary of meetings.
Deliverables 100% Comdetion
Submittal to the City twenty-five (25) and upon acceptance of by the City, 100 bound copies of final
report to include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
Submittal to the City 15 stapled full-size prints, seven (7) sets of full-size mylar reproducible plans,
one (1) set of full size aerial photography utilized to complete the following:
Engineering analysis of recommended alignment, phasing options, design constraints.
Assessment of easements, property issues.
Discussion of liability and legal issues.
Discussion of maintenance and operation issues.
Cost estimate and funding mechanisms.
Right-of-way leasing and joint use agreements.
Acquisition strategies for affected properties.
Summary of permit regulations and processes.
Analysis of existing environmental documents. Development of environmental issues to
include alternative alignments.
Biological and cultural survey findings.
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4.
c
Agreement for Coastal Rail Trail Project Exhibit A
Page 4 of 4
1 1.
12.
1 3. Conceptual sign design.
14.
Submittal to the City one (1) set of photos taken and one (1) set of negatives for field study,
Preliminary engineering design of bikeway.
Conceptual landscape and lighting design.
Details of typical bikeway design, bridge construction,