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HomeMy WebLinkAbout2001-09-18; City Council; 16367; Dokken Engineering Agreement/Coastal Rail TrailPROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR ENGINEERING DESIGN SERVICES FOR THE COASTAL RAIL TRAIL, PROJECT NO. 3455 RECOMMENDED ACTION: Adopt Resolution No. &U 0 \ - sq b for approval and authorization to execute a professional services agreement with Dokken Engineering for Engineering Design services for the Coastal Rail Trail, Project No. 3455 and transfer funds. ITEM EXPLANATION: The Coastal Rail Trail is proposed as a 42-mile non-motorized trail, primarily within the San Diego Northern Railroad (SDNR) right-of-way, extending from the San Luis Rey River in Oceanside to the Santa Fe Depot in San Diego, see Exhibit l- Coastal Rail Trail Corridor. Phase 1 of the Coastal Rail Trail extends approximately 18 miles, from the San Luis Rey River in Oceanside southerly, through the City of Carlsbad to the southerly boundary of the City of Encinitas. The trail includes segments of 12 foot wide multi-use Class I paved paths, 5’ wide Class II bike lanes and Class III bike routes within existing roadways. The Class I pathway will reflect a linear park and will include amenities to enhance the pathway. The amenities may include landscaping, irrigation, fencing, public art, park furniture, trash containers, lighting, water fountains, bicycle racks, sign kiosks, and bicycle air pumps. In addition, a new clear span bridge over the Agua Hedionda Lagoon will be constructed. The City of Carlsbad coordinated with the Cities of Oceanside and Encinitas to select the most qualified design consultant team for Phase 1. Statements of Qualifications were received from ten consulting teams. After a review of the Statements of Qualifications, three firms were invited to an interview. As a result of this process, the Dokken Engineering team was selected as the most qualified consultant team. To complete design of the Phase 1 project, each of the three cities will execute separate design service agreements with Dokken Engineering. By having separate agreements, each city will have control of the design schedule and construction details within its jurisdiction. The subject agreement defines the scope of work and fee for the design of the trail within the City of Carlsbad. The fee associated with the subject agreement is $844,723. In addition to the typical range of design services, the scope of work includes the development of a “Trail Management and Maintenance Plan”. The Plan will be prepared in conjunction with the North County Transit District and the Cities of Oceanside and Encinitas. The Plan will address future needs of the trail, including routine and annual maintenance, interface with rail maintenance operations, agency responsibility and liability, response procedures, and administrative responsibilities. A key component of the project development is defining who will be responsible for the liability associated with the construction and operation of the trail within the NCTD right-of-way. To more accurately define the areas of potential liability, the design plans will be advanced to the 30% completion stage and easement documents need to be prepared. Prior to proceeding with the final construction documents, the Trail Management and Maintenance Plan and the assignment of liability and easement documents will be defined and accepted by the NCTD and the City. I Page 2 of Agenda Bill No . 1 (P r 367 ENVIRONMENTAL REVIEW: On April 17, 2001 the City Council approved a Mitigated Negative Declaration for the project. The Mitigated Negative Declaration was prepared in accordance with CEQA guidelines and it covers the project from the San Luis Rey River in Oceanside to the southern boundary of Del Mar. The City of San Diego chose to not be a part of the Mitigated Negative Declaration. As a result of the federal funding for the project, a NEPAlFederal environmental document is needed. Caltrans prepared and processed the Categorical Exclusion in conformance with NEPA guidelines. The Categorical Exclusion was approved by the Federal Highway Administration on August 1,200l. FISCAL IMPACT: The 2001-2002 Capital Improvement Program (CIP) appropriated $l,OOO,OOO in funds for the design phase of the project. Of the $1,000,000 appropriated, $800,000 was identified as TEA/CMAQ funds and $200,000 was identified as TSM State Grant funds. The $200,000 identified as TSM State Grant funds should have be identified as TransNet Bicycle Program funds. The recommended action approves the transfer of the $200,000 from the TSM State Grant fund to the TransNet Bicycle Program fund. The $1 ,OOO,OOO in appropriations provides sufficient funding for the design phase of the project. Approximately 88.5% of the funding for the project will come from Federal Transportation Enhancement Act (TEA) Congestion Mitigation and Air Quality (CMAQ) program funds. The remaining 11.5% of the funding, which is the “local share”, will come from a combination of TransNet Bicycle Program funds, that have already been programmed through SANDAG, and a San Diego County Air Pollution Control District Grant, which is subject to City Council approval. If and when approved, the Air Pollution Control District Grant funds would supplement the TransNet Bicycle Program funds as needed to provide the “local share” for the City of Carlsbad. EXHIBITS: 1. Coastal Rail Trail Corridor. 2. Resolution No. 3001 -aqb for approval and authorization to execute a professional services agreement with Dokken Engineering for engineering design services for the Coastal Rail Trail, Project No. 3455, and transfer of funds. 3. Professional Services Agreement with Dokken Engineering for engineering design services for the Coastal Rail Trail, Project No. 3455. -2 RESOLUTION NO. 2001-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVAL AND AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR ENGINEERING DESIGN SERVICES FOR THE COASTAL RAIL TRAIL, PROJECT NO. 3455 AND TRANSFER OF FUNDS. 6 WHEREAS, the City Council of the City of Carlsbad, California, has 7 determined it necessary and in the public interest to enter into an agreement between Dokken 8 Engineering and the City of Carlsbad, California, City Project No. 3455; and WHEREAS, the Department of Public Works - Design Division requested multiple 9 proposals for the design of the Coastal Rail Trail project; and 10 11 WHEREAS, in cooperation with the. Cities of Oceanside and Encinitas, Dokken Engineering was selected as the most qualified consultant; and 12 WHEREAS, $800,000 in TEA/CMAQ funds have been appropriated in the 2001-02 Capital 13 Improvement Program; and 14 WHEREAS, $200,000 in TSM State Grant funds have been appropriated in the 2001-02 15 Capital Improvement Program which should have been appropriated as TransNet Bicycle ,6 Program funding; 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 18 1. That the above recitations are true and correct. 19 2. That a transfer of $200,000 from the TSM State Grant fund to the TransNet Bicycle 20 Program fund is approved. 21 3. That the proposal by Dokken Engineering in the amount of $844,723 for the design 22 of the Coastal Rail Trail in the City of Carlsbad is accepted and approved. 23 /If 24 Ill 25 Ill 26 lff 27 if 28 If’ 1 4. That the Mayor of the City of Carlsbad is authorized and directed to execute z the agreement between Dokken Engineering and the City of Carlsbad for the design of the 3 Coastal Rail Trail in the City of Carlsbad. 4 5 6 7 8 9 IO 11 12. 13 , 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of September , 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, and Hall. mber Nygaard. ATTEST I---/ : --+%A LJIRRAINqM. WOOD, I (SEAL) 28 AGREEMENT FOR PROFESSIONAL SERVICES DOKKEN ENGINEERING THIS AGREEMENT is made and entered into as of the 20th day of SEPTEMBER , 2001, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Dokken Engineering, a California Corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of an Engineering Contractor to provide the necessary Design services for the preparation of plans, specifications and estimates for the Coastal Rail Trail; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS See attached Exhibit “A”, attached hereto and made a part hereof. 2. CONTRACTMANAGER The City Manager may appoint a designee to administer this Agreement on behalf of the City. Said designee shall be referred to as the Contract Manager. rev. 07/24/O 1 DBE PROGRAM -1 - 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within 550 calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer. The City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR For work performed by Contractor in accordance with this Agreement, City shall pay the Contractor on the basis of time and materials not to exceed $844,723, in accordance with the schedule of billing rates as set forth in Exhibit “A”. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for a period of 550 calendar days from date thereof. The contract may be extended by the City Manager for two additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. -2 - rev. 07/24/O 1 DBE PROGRAM 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Contractor shall deliver submittals to the City per attached Exhibit “A”. a. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall 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 or person, other than a bona fide employee working for the 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, rev. 07/24/01 DBE PROGRAM -3 - 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. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION REQUIREMENTS AND REGULATIONS GENERAL The DBE participation goal for this contract is 14% percent. Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations (CFR), entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT) Financial Assistance Programs,” in the award and administration of DOT-assisted contracts. The regulations in their entirety are incorporated herein by reference. Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this Agreement. Noncompliance by Contractor with the requirements of CFR, Part 26 is a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedy as the City of Carlsbad deems appropriate. Contractor shall include the following in each subcontract Contractor signs with a subcontractor: -4- rev. 07/24/01 DBE PROGRAM 1. A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. 2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Agreement. 3. Contractors shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. A. Performance of DBE Contractors, Subcontractors and Suppliers DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor’s response to the Agreement award requirements in Exhibit 15-G of Caltrans’ Local Assistance Procedures Manual (LAPM), attached, as Exhibit “B” unless Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Paragraph F, “DBE Substitution and Additions”, of this Section. B. Prompt Payment to DBE and Non-DBE Contractors The Contractor shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed subcontractors (DBE or non-DBE), or by Contractor’s own forces, pursuant to prior written authorization of the Contract Manager. The provisions of this Paragraph B apply even if other Agreement work is not completed and has not been accepted in conformance with the terms of the Agreement by the City. -5 - rev. 07/24/01 DBE PROGRAM The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory performance of their contracts within ten (10) days from receipt of each payment from the City made to Contractor. c. Prompt Payment Progress Pay Retention to DBE and Non-DBE Subcontractors Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of this Agreement. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. D. DBE and Non-DBE Subcontractor Payment Records Contractor, in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor, and DBE vendor of materials, regardless of tier. Said records shall show the date of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of work. Upon completion of the Agreement, a summary of these records shall be prepared on Exhibit 17-F of Caltrans’ Local Assistance Procedures Manual (LAPM) and certified correct by Contractor or Contractor’s authorized representative, and shall be furnished -6- rev. 07/24/O 1 DBE PROGRAM to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. E. Penalty Assessed for Failure to Provide Subcontractor Payment Records $ 10,000 or other amount will be withheld from payment if Exhibit 17-F of Caltrans’ LAPM is not submitted. The amount will be paid to Contractor when the form is submitted. F. DBE Substitutions or Additions Contractor may not substitute, or terminate for convenience, a subcontractor or supplier listed in the original bid/proposal without the prior written approval of the Contract Manager. However, upon written approval from City, Contractor may add a firm to perform work originally planned to be done by Contractor’s own forces. Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the Agreement goal. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after execution of the Agreement. DBEs must be certified at the time of the substitution or addition. rev. 07/24/O 1 DBE PROGRAM -7 - Contractors shall submit requests for substitution in writing to the Contract Manager. Authorization to use other subcontractors or suppliers may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this contract or on the terms of such subcontractor’s or supplier’s written bid, is presented by 2. 3. Contractor. The listed DBE becomes bankrupt or insolvent. The listed DBE fails or refuses to perform the subcontract or furnish the 4. 5. 6. listed materials. Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of contract. The listed DBE was the result of an inadvertent clerical error. Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two working days after the proposal due date and copies of that notice to both the subcontractor he or she claims to have listed in error and intended subcontractor who had proposed to Contractor prior to proposal opening. The listed DBE was not licensed as required by the State of California Contractor’s Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions. rev. 07/24/O 1 DBE PROGRAM -8 - 7. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code as said sections may be amended from time to time. 9. When it is in the best interest of the City. Prior to submittal of Contractor’s request for substitution to the Contract Manager, the Contractor shall give notice in writing to the listed DBE subcontractor of Contractor’s request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to the Contract Manager. Failure to respond to a written objection shall constitute the listed subcontractor’s consent to the substitution. G. Termination of a DBE In conformance with Federal DBE regulation Sections 2653(f)(l) and 26.53(f)(2), Part 26, 49 CFR, Contractor shall not: 1. Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel), or those of an affiliate, unless Contractor has received prior written authorization from the Contract \ rev. 07/24/01 DBE PROGRAM -9 - Manager to perform the work with other forces or to obtain materials from other sources 2. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the Agreement goal. H. DBE Certification Status If a DBE subcontractor is decertified during the life of this Agreement, the decertified subcontractor shall notify Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of this Agreement, the subcontractor shall notify Contractor in writing with the date of certification. Upon completion of the Agreement, Contractor shall complete Exhibit 17-F, of Caltrans’ IAPM, indicating the DBEs certification status and shall be signed and certified correct by Contractor. The certified form shall be furnished to the Contract Manager within thirty (30) days from the date of completion of the Agreement. I. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. 1. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: rev. 07/24/01 DBE PROGRAM -10 - a> If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. b) If the materials or supplies purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. cl Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. d) Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 12. FEDERAL OR STATE FUNDING - PROJECT PROVISIONS The project is Federal or State funded and the following provisions shall apply. a) During the term of this Agreement, and for three years following the termination of the Agreement, Contractor shall maintain all books, documents, papers, accounting records and other information pertaining to costs incurred. All such rev. 07/24/O 1 DBE PROGRAM -11 - accounting records shall be made available to City, Caltrans or the State of California, the FHWA or other Federal agency as directed by City for verification of billings within a reasonable time of CITY’s request for inspection. b) Any authorized representative of City shall have access to any writings or records as outlined above for the purpose of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by Contractor. Further, City has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement. c) Allowable cost items shall be determined in accordance with the Contract Cost Principles and Procedures (48 CFR Chapter 1, Part 31) and shall comply with the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (49 CFR Part 18) and OMB Circular A-l 10, as may be amended from time to time (collectively referred hereafter as the “Regulations”). d) Contractor shall comply with all the requirements and procedures set forth in the Regulations. e) Any costs for which payments have been made to Contractor, which are determined by subsequent audit to be unallowable under the Regulations, shall be repaid to City within 30 (thirty) days after written demand. 9 Any subcontract entered into by Contractor for performance of Contractor’s obligations under this Agreement, shall be subject to all the provisions of this Agreement, and shall incorporate by reference all of the terms and conditions rev. 07/24/01 DBE PROGRAM -12 - of this agreement, and shall contain all the provisions for State or Federally funded projects set forth herein. g) Contractor shall perform the work under this Agreement with resources available within its own organization and no portion of the work pertinent to the Agreement shall be subcontracted without the prior written consent or approval of the City’s Contract Manager, except that which is expressly identified in the Contractor’s proposal. Any substitution of subcontractors must be approved in writing by the City’s Contract Manager. 13. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying 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 progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as 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 written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same rev. 07/24/O 1 DBE PROGRAM -13 - in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 14. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. (Initial) <l/ (Initial) rev. 07/24/01 DBE PROGRAM -14 - The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. p (Initial) GZC/(lnitial) 15. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 16. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the rev. 07/24/01 DBE PROGRAM -15 - Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 17. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 18. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 19. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. rev. 07/24/01 DBE PROGRAM -16 - 20. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 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. 21. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 22. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall create any contractual relationship between any subcontractor of Contractor and’the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. rev. 07/24/O 1 DBE PROGRAM -17 - 23. PROHIBITED INTEREST No official of the City 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 this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 24. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 25. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 19, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 26. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. rev. 07/24/O 1 DBE PROGRAM -18 - 27. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 28. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply rev. 07/24/O 1 DBE PROGRAM -19 - separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. rev. 07/24/01 DBE PROGRAM -20 - 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required 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 made 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. 29. 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 Public Works Director Name Llovd Hubbs Address 1635 Faraday Avenue Carlsbad, CA 92008 For Contractor: Title Project Manager Name Address Kirk Bradbury 8665 Chesapeake Drive, Suite 345 San Diego, CA 92134 Architect/License Number: c 052099 -21 - rev. 07/24/01 DBE PROGRAM 30. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 31. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this day of ( 2001. CONTRACTOR: Dokken Engineering (sign here) (print name/title) (print name/title) -22 - rev. 07/24/01 DBE PROGRAM ALL-PURPOSE ACKNOWLEDGMENT r em00•-•-o-e-e-e- e-e-e-e-e -e-e-e-e Be- i I l I l I l 1 l I l I l I l I l I l I l I l I l I l I l I l I l I l I l I l I l I l I 9 State of California I l On AU LL& ?8* u>nl before me, l (DATE) personally appeared - . . A tXXER(S) @ personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPAC~CLAIMED BYSIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT no INDIVIDUAL cl cl cl Cl cl i I l I l I l I l I l I l I l I l I l I l I l /4QdC~~~f Trr$(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: l l NUMBEROFPAGES l I l lo\ DATEOFDOCUMENT ‘ , I l SIGNER IS REPRESENTING: NA OTHER I- m-e-e-e-e- APA 1194 VALLEY-SIERRA, 800-362-3369 CITY OF CARLSBAD, a municipal corporation of the State of California All-EST: Mayor City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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 rev. 07/24/O 1 DBE PROGRAM -23 - SCOPE OF SERVICES Task 1.0 Proiect Manapement and Coordination Task 1.01 Project Management: Provide all project management and coordination necessary to complete plans, specifications and estimates (PS&E) for the Coastal Rail Trail within the city of CarIsbad. Project management and coordination will include monthly project status meetings with the city of Carlsbad and monthly meetings with the other participating cities and agencies for the duration of the contract. Also included in project management is: Al Management of the project kick-off meeting, pre-bid and preconstruction meetings and all necessary meetings with other concerned and involved agencies, affected utilities and community groups. Bl Management of all project-related meetings, including agenda and meeting minute preparation & distribution. Cl Identification of possible future federal, state, or local funding sources for the subsequent phases of construction and prepare the necessary paperwork and documentation to obtain such funds. Task 1.02 Meetings & Coordination with local agencies and Caltrans: Provide all coordination and management for the steps necessary to apply for and receive author-ix&ion from Caltrans to proceed with construction. Also included is: Al Coordination with SANDAG and potential funding source agencies to identify possible future federal, state, or local funding sources and prepare the necessary paperwork and documentation to obtain such funds. Task 2.0 Final De&n: Prepare PS&E for the Class I, II and III Bikeway for the Coastal Rail Trail within the city of Carlsbad from its northern boundary with Oceanside to its southern boundary with Encinitas. The Coastal Rail Trail alignment will be similar to the alignment prepared as part of the Coastal Rail Trail Project Study Report, October 2000. PS&E for the Coastal Rail Trail within the city of Carlsbad includes the following: Task 2.01 Plan Preparation. Includes ali work necessary to complete PS&E for the bikeway to Caltrans and local agency standards with adherence to Federal Highway Administration (FHWA) standards for federally funded projects. The plan preparation task includes the following: Al Bl Cl Horizontal alignment development that optimizes the use of existing NCTD right-of- way, minimizes cost of construction and cost of utility relocations and meets applicable city, railroad and bikeway design standards. Development of vertical profile that optimizes earthwork balancing and construction staging, minim&s the use of retaining walls and meets applicable city, railroad and bikeway design standards. Structural design and independent design calculations for the bridge crossing of Aqua Hedionda Lagoon and the bridge crossing of the existing drainage channel within NCTD right-of way, south of Cannon Road. Included with the Aqua Hedionda bridge crossing design is sewer design for the upsizing of the existing sewer to Wdiameter in the immediate vicinity of the lagoon crossing. Coordination will occur with the owner Coastal Rail Trail, Final Design, Right-f- Way, Permits, Maintenance DOKKEN Agreements City of Carlsbad ENGINEERING r*aw.datkeacngioeeriaC.eora JD] El Fl --IG] W Retaining wall design at all locations requiring retaining wall construction. Construction details to provide for the construction of all project components including bikeway/street crossings and bicycle/railroad crossings. Signing and striping for the bikeway and all street crossings. Improvements to existing roadway required by the bikeway. Linear landscape and irrigation as well as bikeway rest pullouts design adjacent Class I bikeways. Jl Safety lighting at an approximate luminaire frequency of 300’ for the length of Class I Bikeway. Jl Erosion control specifications for non-irrigated project slopes. Kl Traflic handling and stage construction plans necessary to construct bikeway. of the existing large diameter gas line, with gas line relocation final design expected to be performed by the gas line owner. Task 2.02 Contract Specifications. Contract specifications will be developed in any preferred format. A single construction contract within the city of Carlsbad is expected. Task 2.03 Engineer’s Estimate and Quantities. Quantity calculations for all project components and research of current and applicable construction bid prices for the development of au accurate Engineer’s Estimate Cost of Construction. Task 2.04 Survey and Mapping. Survey and mapping efforts include the following: Al Establishment of first-order project survey control adjacent all Class I bikeways. Bl Establishment of aerial photographic control points to assist in topographic mapping development. Cl Development of digital three-dimensional topographic mapping and a digital terrain model @TM) for all Class I bikeway areas. Dl Development of digital two-dimensional topographic mapping for all Class II & III bikeway areas. El Topographical design surveys adjacent Class I bikeway areas at roadway conform locations, culvert extensions, existing utilities retaining walls and structures. Fl Development of legal descriptions for inclusion with applications to the California Public Utilities Commission (PVC) for Authorization to Construct. Task 2.05 Miscellaneous Tasks to support final design. Prepare and/or perform miscellaneous tasks and reports necessary for the completion of the PS&E package. Miscellaneous tasks and reports include the following: Al Landscape and amenity conceptual drawings to assist in the selection of landscaping and furnishings to be included within the final design. Bl Services of Public Artists to assist in the development of project visual features. The proposed artists are T.J. Dixon and James Nelson of Encinitas. More information on the proposed public artists can be found at their website htto:Nwww.tidixonandinelson.com. Coastal Rail Trail, Final Design, Right-f- Way, Permits, Maintenance DOKKEN Agreements ENGINEERING www.dokkeneogineering.com City of Carlsbad Cl Dl El Fl Gl HI Review of existing geotechnical studies and preparation of a geotechnical design report and a structures foundation report to Caltrans standards. Geotechnical studies will perform field investigations consisting of test pits and/or borings at all planned structure locations and along the length of the aligmnent. Laboratory analysis will be performed and recommendations made for bikeway structural section, retaining wall design and structure foundation design. Preparation of a Final Drainage/Hydrol-ogy report for review of drainage calculations performed for storm drain culvert design. Research of existing utilities for the development of an existing utility basemap, to be shown on plans and used in final design development. Research of existing utility easements to assist with the determination of prior rights for establishment of relocation cost responsibility. Coordination with utility companies for those utilities requiring conflict determination potholing and coordination with existing utility companies for those utilities requiring relocation. Independent Design Review .Services throughout the duration of final design development to insure a safe and functional-project is designed in conformance with current rail trail design practice. Task 3.0 Final Rieht-of-Way SUDDO~~: Right-of-Way support generally consists of coordinating closely with NCTD and the various railroad operators to gain concurrence of all project components and the preparation and execution of agreements legally allowing construction and operation of the Coastal Rail Trail within NCTD right-of-way. Included in Right-of-Way Support is: Task 3.01 Meetings and Coordination with NCTD and Railroad Operators. Meetings and coordination with NCTD, AMTRAK and Burlington Northern Santa Fe (BNSF) railroad operators intended to keep them informed and apprised of the project, seek their input, address their comments and receive their concurrence. Diagnostic Team meetings will be held with all concerned railroad operators and agencies to facilitate this process. Task 3.02 NCTD and Various Railroad Operators Easements. Included are development of easement agreements that are acceptable to NC’TD and all local agencies. Coordination and negotiation sessions with NCTD and the other participating cities will be held to address issues related to liability, maintenance, access, setbacks, fencing, utilities, and other items. Task 3.03 Trail Management and Maintenance Plan. Included are developments of a Trail Management Plan based on previous successful Trail Management Plans from various other multi-jurisdictional Rail Trail projects. The Plan will consist of several distinct elements. An Operations and Maintenance section will address future needs of the corridor, including enforcement, routine and annual maintenance, interface with rail maintenance operations, operating and maintenance costs, agency responsibility, capital needs, staging, response procedures, and design elements that will facilitate this process. The Plan will include a section on emergency response systems, construction management techniques, and techniques for closing the trail as needed over time for Con&l Rail Trail, FinaCDesign, Right-f- Way, Permits, Maintenance q DOKKEN Agreements City of Carlsbad ENGINEERING wwr.dokkeneoZirseri~~.~~~ maintenance. A Trail Management section will, be developed that focuses on the administrative side of the trail, including formation of a Joint Powers Authority, joint operations and maintenance activities and purchases, joint funding strategies, administrative needs and costs, and other information. Task 3.04 Right-of-Way Establishment. Establishment of existing right-of-way at specific locations will be performed to support the final design of Class I bikeways. NCTD has indicated they are unsure of the exact right-of-way location along the majority of the north-south corridor. It is not the intent of this project to establish the exact right-of- way location for NCTD. However at some local&d areas it will be necessary to establish the exact location. Right-of-way determination has been anticipated to be performed at approximately two locations within the city of Carlsbad. Task 4.0 Permit Su~uort: Various approvals and permits will be necessary for implementation of the project. To support the permitting process, identified permits described below will be managed, prepared and obtained. Task 4.01 Baseline Data Gathering, Wetland Delineation and Permits Schedule. Existing environmental data and environmental studies will be obtained for future reference. Areas of the project within Carlsbad containing wetland areas under U.S. Army Corps of Engineers (USACOE) jurisdiction will receive formal wetland delineation, if not performed to date. A permitting schedule will be prepared showing duration of all permit acquisition processes. Task 4.02 U.S. Army Corps of Engineers (USACOE) 404 Permit. Two potential wetland areas would be affected by the project within the City of Carlsbad, the Agua Hedionda Lagoon and a small drainage between Cannon and Palomar Aiirt Roads. Impacts will be attempted to be avoided to wetlands at these locations, thereby eliminating the need to prepare corresponding permits. However, if wetlands cannot be avoided, a Department of the Army, U.S. Army Corps of Engineers (USACOE) permit would be necessary due to wetlands impacts at the proposed bridge replacement over the Agua Hedionda Lagoon. In this case, a nationwide permit (NWP) is anticipated to satisfy the requirements of Section 404 of @the Clean Water Act and Section 10 of the Rivers and Harbors Act. The NWP will consider all acreage impacts within the City of Carlsbad (i.e., for the Agua Hedionda Lagoon and drainage near Palomar Airport Road). Should the project be subject to an individual permit, which is more detailed and rigorous than a NWP, a contract modification would be requested. Task 4.03 RWQCB 401 Water Quality Certificate of Waiver. Before the USACOE issues the 404 permit, it must consult with the Regional Water Quality Control Board (RWQCB) for the Clean Water Act, Section 401 certification or waiver. The RWQCB has authority to issue a Water Quality Certification, or waiver thereof, for any activity which may result in discharge to “waters of the U.S.” A Water Quality Certification will be obtained as part of the USACOE permitting process for potential impacts at the Agua Hedionda Lagoon crossing and bridge crossing north of Palomar Airport Road. Task 4.04 California Department of Fish and Game (CDFG) 1601 Streambed Alteration Permit. The CDFG has jurisdiction over disturbances occurring to streambeds (broadly defined to include drainages, lagoons, wetlands, etc.). Areas subject to CDFG Coast&l Rail Trail, Final. Design, Right-f- Way, Permits, Maintenance El DOKKEN Agreements City of Carlsbad ENGINEERING rww.dokkcneoeine~riol.cora jurisdiction include all areas falling under USACOE jurisdiction. The area near the proposed bridge replacement at Agua Hedionda Lagoon requires a Streambed Alteration Agreement (1601 petit), under Section 1601 of the California Fish and Game Code. A 1601 permit application package will be prepared analyzing impacts to the Agua Hedionda Lagoon, using information found in the Final MND, its appendices, the NEPA categorical exclusion, plus current design information and maps. Task 4.05 State Coastal Development Permit (CDP) Support. Small “exclusionary areas” exist that are not within the city of Carlsbad’s Local Coastal Program (LCP). Agua Hedionda Lagoon lies outside of Carlsbad’s permitting authority, and would therefore require a CDP from the State California Coastal Commission. A State Coastal permit application based on information found in the Final MND, its appendices, the NEPA categorical exclusion, plus current design information will be prepared. The state CDP process will consider impacts to wetlands. The wetland delineations, Department of the Army impact calculations, and mitigation plans, if any, will be subject to state review. Task 4.06 Local Coastal Development Permit (CDP) Support. Carlsbad has an approved Local Coastal Program (LCP). The City acts as the local permitting authority for the issuance of CDPs for projects located within its Coastal Zone. The local CDP application package for development of the Coastal Rail Trail project within the City will be prepared. The permit application will be based on information found in the Final MND, its appendices, the NEPA categorical exclusion, plus current design information. City staff will be responsible for all public noticing requirements of the CDP, including posting hearing notices onsite, addressing labels for nearby property owners, mailing,the notices, and related administrative tasks. The federal proponent of an action (FHWA) must prepare a Coastal Consistency Determination (CCD) evaluating the consistency of that action with Chapter 3 of the California Coastal Act. The federal entity must obtain concurrence from the Coastal Commission prior to proceeding with the action. For the Coastal Rail Trail project, the FHWA must fulfil1 this requirement. In past projects, the CCD requirements can be fulfilled by Commission-issued CDPs (state-issued). For this project, it is assumed that the federal requirement will also be fulfilled by the issuance of the local CDP in Carlsbad. Task 4.07 Public Hearings, Support Exhibits, and Meetings. Allowances have been included to support the city of Carlsbad with various public hearings and public meetings and the preparation of exhibits to support the project. Task 4.08 PUC Authorization to Construct. All steps required to obtain Authorization to Construct from the California Public Utilities Commission for the Coastal Rail Trail within the city of Carlsbad are included. Coastal Rail Trail, Final Design, Right-f- Way, Permits, Maintenance DOKKEN Agreements ENGINEERING nww.dokke~engir+cring.com City of Carlsbd DIRECT COSTS (LABOA) NAME Kirk Bradbuty Matt SalvesonlOave Ahles Jason HubbardlOon Bloodworth Dennis Griffin/Gina Warrick Johnny Johns/George Bazan Aeina SawyerlBobetie Bowman FUNCTION HOURS RATE AMOUNT ’ Project Manager 286 . $40.00 $11,440.00 -- Senior Engineer 654 $25.506.00 Associate Engineer -1.170 __ --_Mg.w _ s31.M) $36,27OBO Assistant Engineer 1.192 627.OO $32,164.00 Engineering Technician 1,620 627.00 $49,140.00 Word Processing 96 $18.00 $1,726.00 TOTAL HOURS 5,216 TOTAL LABOR $156,268.00 INDIRECT COSTS (OVERHEAD] OVERHEAD 165% [of Tolal Direct Labor) 165.00% TOTALOVERHEAD $257,642.20 DIRECT COSTS ITEM Full-Size Plan Repro MhiSize Plan Repro Specification Repro Cdor Aerial Photos Right of Entry Permit Design Flagging Costs 1 Biied at Actual Cost QUAMITV UNIT UNIT COST AMOUNT 6,400 EA $1.10 $7,040.00 1Wsl~eWlOluWseW4sub 9600 EA $0.25 $2,4C0.00 16DsheeWlSh4loeW4sub 9000 EA -__- $0.10 $900.00 2coshewl5ftiseW3wb 1 1s 6500.00 $500.04 0.33 EA $500.00 5165.00 - 12 Day $546.00[ TOT, .$6,540.00~ AL DIRECT COSTS FEE (PAORT) PERCENTAGE 12% FEE $49,693.22 DOKKEN ENGINEERING TOTAL COST $481,348.42 CRT Fee Proposal Carlsbad-02.xls ciom I Fee Proposal (DE) DIRECT COSTS I ABOR) NAME FUNCTION HOURS RATE AMOUNT Principal 20 648.82 $976.40 Sr. Transportation Engineer 126 --- W-38 $4,961.66 Transportation Engineer II 240 $28.35 $6,8C4.00 - CAD 324 $22.05 Q7,144.20 .__- Word Processing 4 $15.75 S63.ocl TOTAL HOURS 714 TOTAL LABOR $19,949.48 INDIRECT COSTS (OVERHEAD) oooO/. OVERHEAD TOTALOVERHEAD $36,607.30 DIRECT COSTS Billed at Actual Cosl lTEM QUANTllY Mileage 250 Copies/Reproduction 1 UNlT Miles LS UNIT COST AMOUNT ’ $0.40 $100.00 $150.00 $150.cQ J0.W $0.00 TOTAL DIRECT COSTS $250.00 FEE (PROFIT) PERCENTAGE 1200% FEE $6786.81 TOTAL COST-[ CRT Fee Proposal Carlsbad-02x1s 5/30/o 1 Fee Proposal (LLG) DIRECT COSTS (LABOR) E I FUNCTION 1 HOURS 1 RATE 1 AMOUNT ] Mickey Aguirre Mike Havener Joel Riipinen Bob Fewer Dan McCormack Projecl Manager 32 $44.50 $1,424.00 Survey Manager 170 b33.w s5,a74.00 Parly Chief 242 $32.00 57,744.QO Senior Chainman 242 527.40 $6,630.80 CADD/GPSIProcessing 02 $15.00 $1,23G.OQ TOTAL HOURS 776 TOTAL LABOR $22,902.00 INDIRECT COSTS (OVERHEAD) OVERHEAD. 000% (of Total Direct Labor) 123.00% TOTAL OVERHEAD $28,170.44 DIRECT COSTS ITEM PholDgrammeiry GPS Equipment Rental Reference Maps and Documents Biied al Aclual Cosl QUANTITY UNIT UNIT COST AMOUNT 1 LS $5,106.00 $5,lOXJO 5.5 Day $200.00 $1,100.00 1 LS ~,ooo.oo $2,cm00 TOTAL DIRECT COSTS $8,206.00 FEE (PROFtT) PERCENTAGE 12.00% FEE $6,128.79 TOTAL COST-] CRT Fee Proposal Carlsbad-OP.xls !Y3OlQ 1 Fee Proposal (Aguirre) DIRECT COSTS (LABOR) NAME Laura Burnett Pew Gentry David Preciado Dagmar Keim Dixon/Nelson FUNCTION HOURS RATE AMOUNT Pit. Yngr. - Sr. Lnd. Arch. 100 $xi.ss $3,556.00 Senior Planner 40 $31.97 $1,534.56 Landscape Architect 116 $220.67 $2,439.06 Landscape Daslgner 726 $19.47 $14,135.22 Public Artist 60 $3O.W S1,WO.W TOTAL HOURS 1052 TOTAL LABOR $23,466.&f INDIRECT COSTS (OVERHEAD) OVERHEAD COO% (of Total Direct Labw) 150.00% TOTAL OVERHEAD sS5r2w.26 DIRECT COSTS ITEM Mileage to site and meetings Vellum Mylar Delivery ElilIed at Actual Coat QUANTITY UNIT UNIT COST AMOUNT 240 Unit So.33 $76.06 1 LS Sl,6flO.W $l,cQkW 1 LS $5W.O0 s5w.w 2 EA Q0.W $40.00 TOTAL DIRECT COSTS $1,616.60 FEE (PROFIT) PERCENTAGE 12.00% FEE $7,040.05 TOTAL COST]m[ CRT Fee Proposal Carlsbad-02.xls !330/0 1 Fee Proposal (WRT) DIRECT COSTS (LABOR) NAME Allen Younnan I FUNCTION 1 HOURS 1 RATE 1 AMOUNT 1 Protect Director I 161 wmll 5726.00 \ ~~ I ~_. V.R. Nadeswaran Project Manager 106 __~ $39.40. Neville Su Project Engineer 130 szaJ Gary GilbeNS. Niranjanl V.TlmminsK Diaz Staff Engineer] Technician - Field 60 - $32.00 S. Niranjanl V.Timmint Staff Engineer/ Office 100 Leslie DiaJChristina Strasaer Word Processind Clerical 26 TOTAL HOURS 434 TOTAL LAEOR $12,704.W INDIRECT COSTS (OVERHEAD] OVERHEAD 00% (of Total Direct Labor) 195.00% TOTAL OVERHEAD s24,772.a0 lal Cost DIRECT COSTS 6ikdatActu ITFU 1 I-V IAMTITV , I _I., Geophysical Surveys Grillers I ““N,... . UNIT UNIT COST 1 AhfOUNT I 1 LS $2,500.00~ $2,5oo.w 1 Ls $!9,700.00~ $9,700.00 Laboratory Testing TrucWEquipment Mileage Geteveries/Reproductton hatter 1 LS $6,000.00 $S,WO.OO 60 Hour $11.00 $660.00 500 Mile $0.45 $225.00 1 LS $200.00 $2W.ou 1 LS $600.00 $wo.oo TOTAL DIRECT COSTS tl9,aaaoo FEE (PROFIT) PERCENTAGE 12.thl% FEE $4497.22 TOTAL COST-[ CRT Fee Proposal Cartsbad-02x1s 5f3OfOl Fee Proposal (D-Y) DIRECT COSTS (LABOR) Bob Johnson Ken Saunders Shawn Roj Fred Agbulos Nacole Davis FUNCTION Principal Drafter Supervisor _ Drafter Level A Drafter Level B Project Analyst TOTAL HOURS HOURS RATE AMOUNT 40 $42.41 $1,696.40 20 $25.45 s509.w 50 $23.75 $1,167.50 a0 $20.36 $1,221.60 40 $20.36 $614.40 210 TOTAL LABOR INDIRECT COSTS (OVERHEAD) OVERHEAD COO% (of Total Direct Labor) 168.00% TOTAL OVERHEAD $9,120.55 DtRECT COSTS tTEM Local Agency Plans Plottings-Color Bond Plottings-Black Bond copies MileageMsetings Mileage-Pro)acl Site Reprographics Blled at Actual Cost QUANTITY UNtT UNIT COST AMOUNT 4 Each s250.w $l,WO.W 200 2Px36' $1,92O.W 100 Wx36' Kl w0.q 2w avx 11” $0.07 $14.00 896 Mlles _ $0.33 $291.20 13w MHes so.33 $422.56 6 Each $250.00 $1,500.w TOTAL MRECT COSTS $5&?7.76 FEE (PROFIT) PERCENTAGE 1200% FEE $1,745.93 TOTAL COSTjj{ CRT Fee Proposal Cartsbad-02.xls 5L3OJOl Fee Proposal (PCG) $11,464.W INMRECT COSTS (OVERHEAD) OVERHEAD 000% (of Total Dii Labor) lOl.O#b TOTAL OVERHEAD $11,578.64 DIRECT COSTS Billed at Actual Cost ITEM PUANTiN UNIT UNIT COST AMOUNT Tmvel 1 Ls $400.00 _ $400.00 Hall&hipping 1 LS JlW.00 .$100.00 Reproduction 1 LS $100.00 $lOO.rM $600.00 FEE (PROFIT) PERCENTAGE 12.00% FEE $5765.12 TOTAL COSTjjl CRT Fee Proposal Cadsbad-02.xls 5/30/O 1 Fee Proposal (Alta) DIRECT COSTS (LABOR) Teri Fenner Shawn Shamlou Paula Jacks Kevin Derby Angela Johnson Marisa Fabriaas I FUNCTION IProiect Director 1 HOURS 1 RATE 1 AMOUNT I 441 $42.351 51.663.40 Pro+ Manager Senior Biologist Wetlands Specia!isl/Restoration Ecolc MS I graphics support Word Processina 324 $23.06 57:471.44 60 $33.65 $2,019.W 220 $24.25 $5,335.00 56 $25.50 $1,426.00 54 517.60 5950.40 I----~-- -- _.-. TOTAL HOURS 750 TOTAL LAEOR $19,067.24 #DIRECT COSTS (OVERHEAD] OVERHEAD 000% (cd Total Oired Labor) 150.06% TOTAL OVERHEAD $28.600.66 DIRECT COSTS lTEM Wlage Fax, Film, Reproduction Couriers Postage and envelopes Admin Labor - 2,WO CDP notices Billed at Mual Cos! CNANTlrf * UNtT UNIT COST AMOUNT 1 LS $100.00 $100.06 1 LS $!ioo.oo $500.00 1 &lit $lso.OO .$15o.w 1 Unit @W.W J6OO.W 1 admin staff $l,92o.w $1,920.W $3,470.00 FEE (PROFIT) PERCENTAGE 12.00% FEE $5,720.17 TOTAL COST-] CRT Fee Proposal Carlsbad&OP.xls Fee Proposal (KEA) b iP9 x”-i=4 “lJPEl j j-l’ !i;BgL ,, - : y T-r :I”mqJ i i T ‘if -/ -_ ,I;:, ,, I , a, ‘. I !‘I;,/: ,,Ii/‘; jij 7 * i IEI DOKKEN ENGINEERING vwv.dokke~~n6inecring.eom Coastal Rail Trail Final Design Structure Design Fee by Task and Person City of Carlsbad Structure Structure Location 81 Plan No. Sheet Description zy$,“:e Projmt 1 ?Senior 1 bsociate~ ~aaistant 1 Manager Engineer Engineer Engineer Detailf!r Carlsbad Blvd Bridge w-v.. -....I. I - I I I I - - I -. Architectural Details 1 1 I 34 1 I I 2 I 8 I 1 24 Design & Check Calcs 70 40 30 Subtotal 310 2 62 102 0 144 2 Aqua Hedionda Lagoon Pedestrian/ Bridge Utility Bridge I General Plan 1 80 8 16 16 16 24 Deck Contours 1 72 16 16 16 24 Fn~mhtinn Plan I 7G A lfi Ifi 16 94 . --..-I..-*. , .I.. I . I I I .I I ‘- I Abutment Layout 1 2 1 6;; 1 I 1 16 1 ;i [ 32 1 & Abutment Details Girder Layout Typical Section Miscellaneous Details Girder Details Bridge Railing Details 1 56 8 8 16 24 Architectural Details 1 60 4 8 8 16 24 Slooe Protection Plan 1 56 8 8 16 24 2 1 60 1 I 1 16 1 24 1 32 1 48 1 I 77 .- I I 1 16 .- 1 lfi .- I lti .- I 24 1 i 1 76 1 i 4 1 16 1 62 1 1 4 1 iii 1 16 1 24 1 16 1 32 1 26 1 48 1 1 72 1 I 1 16 1 16 1 16 1 24 Utility Diaphragm Details 1 80 16 16 24 24 54” Sewer Plan & Profile 1 82 2 16 16 24 24 54” Sewer Connection Details 3 68 4 40 48 48 64 Desion & Check Calcs 320 200 120 Subtotal 1670 30 440 392 336 472 CRT Fee Proposal Cartsbad-02.xls 5/30/o 1 Structures Structure Structure Location 81 Plan t Hours/ Type of No. Sheet Description Sheets Sheet Structure Project Senior Associate Assistant Manager Engineer Engineer Engineer Detailer CIP or Masonry 3 Encinas Retaining Wall Block Retaining Wall Drainage Inlet Bridge Total Sheets 36 Total Hours 2496 36 574 610 444 632 CRT Fee Proposal Catlsbad-02.xls 5/30/o 1 Structures Local Assistance Procedures Manual EXHIBIT 15-A Local Agency Construction Contract Administration Checklist LOCAL AGENCY BIDDER-DBE-INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO.-RTE.-K.P.: CONTRACT NO.: FEDERAL-AID PROJECT NO.: BID AMOUNT: BID OPENING DATE: BIDDER’S NAME: $844,700 Dokken Engineering ROM CONTRACT: )BE GOAL CONTRACT ITEM OF WORK AND DBE CERT. NO. ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERZALS TO BE PROVIDED * Mapping and Surveying Geotechnical Investigators Utilities Research and Relocation Coordination CT-006729 m-020 160 CT-024876 IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the Fist Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent with the names and items of work in the “List of Subcontractors” submitted with your bid pursuant to the Subcontractors Listing Law and the Special Provisions. 1. DBE prime cout~~tors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performec by its own forces. 2. If 100% of item is not to be performed or furnished by DBE. describe exact portion Df item to be performed or furnished by DBE. 3. See Section “Disadvantaged Business Enterprises,” of the Special Provisions to determine the credit allowed for DBE firms. NAME OF DBEs ’ (Mu.4 be certified on the date bids are pened - include DBE address and pbonc number) Aguirre & Associates 8265 Commercial St Suite 1 (P.O. BOX 4312) La Mesa, Ca. 9 1942-43 12 (619)-464-6978 Diaz Yourman & Associates 17421 Irvine Blvd. Tustin, Ca. 92780-3012 (714)-838-8565 ?rofessional Consulting Group 3911 N. Cordoba Ave, Suite K Spring Valley, Ca. 9 1977 (619)-660-1355 Total Claimed Participation DOLLAR AMOUNT DBE ’ $65,500 $61,900 $21,900 E-149,300- 17.7% 7/4/d 858-5 14-47 ate (Area Code) Tel. No. Person to Contact Kirk Bradbury _ (Please Type or Print) CTBidder - DBE hbmmion(RevO2-07-01 LPP 01-04 Page 15-17 March 15,200l