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.
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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.
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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
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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.
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2. That a transfer of $200,000 from the TSM State Grant fund to the TransNet Bicycle
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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
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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.
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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)
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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.
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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.
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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,
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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:
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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.
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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
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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.
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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.
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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
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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:
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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
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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
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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
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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)
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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
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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.
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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
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personally appeared - . . A
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@ 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
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SIGNER IS REPRESENTING:
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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
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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
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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