HomeMy WebLinkAbout2003-03-11; City Council; 17099; Agreement with Dokken Engineering for RSF Rd.CITY OF CARLSBAD - AGENDA BILL
B# 17,099 m: AGREEMENT FOR DESIGN AND CONSTRUCTION ENGINEERING SUPPORT SERVICES WITH
TG. 311 1 I03 DOKKEN ENGINEERING, INC., FOR RANCHO SANTA FE ROAD,
PHASES 1 & 2, PROJECT NOS. 3190 & 3907, AND ADDITIONAL
EPT. ENG PROJECT NO. 3907 AND FIRE STATION #6, PROJECT NO. 3901 APPROPRIATIONS FOR RANCHO SANTA FE ROAD, PHASE 2, CITY MGR-
RECOMMENDED ACTION:
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Adopt Resolution No. 2003-067 engineerin sup ort services with Dokken I!ngineering, Inc., for Rancho Santa Fe Road North, a proving an agreement for design and construction
Phases 1 1 2, 8roject Nos. 3190 & 3907, and appropriate additional funds for Rancho Santa Fe Road North, Phase 2, Project No. 3907 and Fire Station #6, Project No. 3901.
ITEM EXPLANATION:
The Rancho Santa Fe Road project consists of the widening and reali nment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose [Qrive. The project will be constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Benefits of the roject include reduced congestion, improved traffic flow and increased safety for travelers on tRe road. Additionally, this project will
City Council approved Resolution No. 2002-343 awarding a construction contract to improve a vital link in the North County region's roadway network. On November 19, 2002,
ErrecaWHanson SJH Joint Venture, for the Rancho Santa Fe Road North, Phase 1 Realignment and Widening, Project No. 3190. Construction of Phase 2 is anticipated to start in late 2003.
To ensure adequate support during construction of both Phase 1 and 2 of the project, staff recommends Dokken Engineerin be retained on an as needed basis. Their services will include responding to questions, provi 2 Ing clarifications, and additional designhe-design support for construction change orders. Dokken Engineering is well qualified to provide the proposed services and has intimate knowledge of the project because they prepared the plans and specifications for both Phase 1 and Phase 2 of the project. Per Carlsbad Municipal Code 3.28.050, the Purchasing Officer has waived the formal bidding requirements due to Dokken's expertise and knowledge of the project.
The Fire Department is in the process of completing studies for the relocation of Fire Station #6 FS #6) to its permanent location on the 0.5-acre parcel owned by the Cit adjacent to existin ancho Santa Fe Road. Access for FS #6 to the realigned and widened Ranc K o Santa Fe Road wi 9 I require the addition of an emer ency traffic signal, signage, a driveway and median access on Rancho Santa Fe Road. The Dok 1 en a reement includes tasks to design these elements and revise the construction drawings to include #em in the Phase 1 construction if so elected by the City.
and specifications of the traffic signal, signage and access provisions, should they be needed, Staff is also requesting an additional appropriation for FS #6 for design and preparation of the plans
construction of Phase 2. These tasks include &sign changes, right-of-way acquisltion, Staff also requests additional appropriations to corn lete tasks associated with preparing for
environmental mitigation, and construction support anticipated for Phase 2.
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FISCAL IMPACT
BUDGET
The cost of the Rancho Santa Fe Road Phase 1 and 2 projects are summarized in the following table. Costs shown for all Phase 1 tasks are based on actual costs and bids received and include design costs for Phase 2, which were incurred concurrently with Phase 1. All costs for Phase 2, except the remaining design costs, are estimated.
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Page 2 of Agenda Bill No. 17,099
REQUEST FOR ADDITIONAL APPROPRIATIONS
The following table summarizes the request for additional appropriations for the roadway project.
Total appropriations for Rancho Santa Fe Road to date are $26.2 million. Additional appropriations from the CFD#2 fund estimated at $18.3 million are required to complete the project. Of the
$18.3 million, approximately $3.1 million is needed prior to the end of the 2002-03 fiscal year and is
being requested with this agenda item along with the approval of a construction support contract for
Dokken Engineering. The remaining $15.2 million, estimated for the Phase 2 construction, will be appropriated either upon authorization to bid Phase 2 construction or through the CIP budget appropriation, whichever occurs first.
The additional appropriation of $3.1 million is required for the following tasks:
0 Phase 2 construction support contract for Dokken Engineering
0 Phase 2 construction support contract for public relations
0 Phase 2 construction support contract for Dudek &Associates and Testing Engineers
0 Phase 2 environmental mitigation and monitoring
0 Phase 2 right-of-way
The costs associated with the Dokken Engineering contract under consideration are summarized
below:
Included in the Dokken contract are Public Facility Fee (PFF) fund costs of $25,500 for design work
on Rancho Santa Fe Road associated with the relocation of Fire Station #6. In the 2002-03 fiscal
year, $25,000 was appropriated and has been encumbered for preliminary design and obtaining the
and building will be completed under a separate contract. Staff recommends the appropriation of
necessary approvals from environmental agencies. Design and construction of the Fire Station site
additional PFF funds of $25,500 in advance of the originally scheduled appropriations that will occur in the FY 2003-04 CIP.
Contracts for construction management and materials testing were approved at the December 17,
2002 City Council meeting. At that time, adequate appropriations existed for the contracts that
a portion of the construction management and materials testing contracts with Dudek & Associates
include work for both Phase 1 and 2. Based on a recent accounting of the roadway project budget,
and San Diego Testing Engineers requires additional appropriations.
Appropriations for the construction costs for Phase 2 will be requested at the time authorization to
whichever occurs first. advertise for Phase 2 construction bids is requested, or through to the CIP budget process,
Page 3 of Agenda Bill No. 17.099
FUNDING
The Rancho Santa Fe Road Phase 1 and 2 projects will be funded with a combination of Community
Facilities District No. 1 (CFD #I), Planned Community Facilities District No. 2 (CFD #2),
Public Facilities Fee (PFF), Federal and State Grants, and reimbursements from other agencies and
developers. Funding sources are summarized below:
CFD #I, CFD #2 & PFF
Community Facilities District special taxes and fees will fund most of the cost for Phase 1 and 2 of
the project. Sufficient amounts have been collected for the existing appropriations and the
$3.1 million additional appropriation requested. Developer fees will fund the remaining costs for
Phase 2 construction in the future.
A small portion of the project will be paid for from the Public Facility Fees for the design work
associated with the access to the future Fire Station #6. PFF funds are scheduled in the Capital
Improvement Program for the remainder of the costs to relocate Fire Station #6.
STATE AND FEDERAL GRANTS
State and federal grants have been authorized by the appropriate agencies for Phase 1 as shown
above.
Caltrans has issued construction authorization on behalf of the Federal Highways Administration
(FHWA) for reimbursement of eligible costs from Regional Surface Transportation Program (RSTP)
and High Priority (HP-21) funds. The RSTP and HP-21 grants require matching funds, which will be
paid for from CFD #2.
Transportation Development Act (TDA) funds have been authorized by SANDAG. The following is a
summary of the Federal and State funding sources for Phase 1 construction:
OTHER AGENCIES
Several of the utilities that will be constructed with this project will be installed through
reimbursement agreements with various agencies and property owners. Reimbursement
agreements for Phase 1 construction were brought forth to the City Council for approval prior to
awarding the construction contract. Reimbursement agreements with various agencies for Phase 2
will be brought forth to City Council for approval prior to, or concurrent with, the award of the
Phase 2 construction contract. These agencies and property owners will contribute approximately
$2.9 million for Phase 1 and $3.5 million for Phase 2 as identified in the above table under Funding
as “Other Agencies”.
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Page 4 of Agenda Bill No. 17,099
ENVIRONMENTAL:
The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying
EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council
the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of
at their meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to
Rancho Santa Fe Road from La Costa Avenue to Melrose Drive.
EXHIBITS:
1. Resolution No. 2003-067 approving the agreement for design and construction
engineering support services with Dokken Engineering for Rancho Santa Fe Road North,
Phases 1 & 2, Project Nos. 3190 & 3907 and authorizing additional appropriations for
Rancho Santa Fe Road Phase 2, Project No. 3907 and Fire Station #6, Project No. 3901.
2. Agreement for design and construction engineering support services with
3907.
Dokken Engineering for Rancho Santa Fe Road North, Phases 1 & 2, Project Nos. 3190 &
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR
DESIGN AND CONSTRUCTION ENGINEERING SUPPORT
SERVICES WITH DOKKEN ENGINEERING, INC., FOR PHASES 1
& 2, PROJECT NOS. 3190 & 3907 AND APPROPRIATING FUNDS
FOR RANCHO SANTA FE ROAD, PHASE 2, PROJECT NO. 3907
AND FIRE STATION #6, PROJECT NO. 3901.
WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and
in the public interest to approve the agreement for design and construction engineering support
services with Dokken Engineering for Rancho Santa Fe Road North, Phases 1 & 2, Project Nos.
31 90 & 3907; and
WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and
in the public interest to appropriate additional funds for the tasks associated with design,
right-of-way, environmental mitigation, and construction support of Rancho Santa Fe Road North,
Phase 2, Project No. 3907; and
WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and
in the public interest to appropriate additional funds for Fire Station #6, Project No. 3901; and
WHEREAS the contractor, Dokken Engineering, possesses the necessary skills and
qualifications to provide the services described above; and
WHEREAS, agreement for design and construction engineering support services with
Dokken Engineering for Rancho Santa Fe Road North, Phases 1 & 2, Project Nos. 3190 & 3907
has been prepared and submitted hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That agreement for design and construction engineering support services with
Dokken Engineering for Rancho Santa Fe Road North, Phases 1 & 2, Project Nos. 3190 & 3907
is hereby approved and the Mayor is authorized and directed to execute said agreement,
Ill
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3. The Finance Director is authorized to appropriate CFD #2 funds in the amount of
$3,100,000 to the Rancho Santa Fe Road North, Phase 2, Project No. 3907 for design,
right-of-way, environmental mitigation, and construction support.
4. The Finance Director ,is authorized to appropriate PFF funds in the amount of
$25,500 to Fire Station #6, Project No. 3901 for design and construction of traffic signal, signage
and access from Rancho Santa Fe Road.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ATTEST
(SEAL)
Page 2 of 2 of Resolution No. 2003-067
AGREEMENT FOR DESIGN AND CONSTRUCTION ENGINEERING
SUPPORT SERVICES WITH DOKKEN ENGINEERING, INC.
FOR RANCHO SANTA FE ROAD, PHASES 1 & 2,
AND FIRE STATION #6 ACCESS ROAD,
PROJECT NOS. 3190,3901 AND 3907
THIS AGREEMENT is made and entered into as of the $0 * day of
corZrEn, (“City”), And DOKKEN ENGINEERING, INC., a California corporation,
(“Contractor”).
tt- 20L3, by and between the CITY OF CARLSBAD, a municipal
RECITALS
A. City requires the professional services of a engineering firm that is experienced in designing roadways, utility pipelines, traffic signals and bridges and providing engineering support during the construction of these elements. B. Contractor has the necessary experience in providing professional services and advice related to designing roadways, utility pipelines, traffic signals and bridges and providing engineering support during the construction of same.
expedited fashion. C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the”Services”) that are defined in attached Exhibits “A-1’’ and “A-2”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable Drofessional care and skill cistomarily exercised by reputable members of Contractor’s profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.
3. TERM The term of this Agreement will be effective for a period of Three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof in an amount not-to-exceed two hundred
thousand dollars ($200,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be three hundred twenty nine thousand-dollars ($329,000). No othercompensation
for the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors,
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-V.
10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City- Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' ComDensation and EmDlover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv:
Carrie Loya-Smalley
Senior Civil Engineer
Public Works - Engineering
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2746
For Contractor:
Kirk Bradbury
Regional Manager
Dokken Engineering
9665 Chesapeake Drive, Suite 435
San Diego, CA 921 23
(858) 514-8377
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor‘s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
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Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISADVANTAGED BUSINESS ENTERPRISE (DBEl PARTICIPATION
A. The City has established no goals for the participation of DBE for this
Agreement. However, Contractor shall be fully informed respecting
Part 26, Title 49, Code of Federal Regulations (CFR), which is
incorporated by reference, and is urged to obtain DBE participation should
a clearly defined portion of the work become available.
B. It is the policy of City that certified DBE firms shall have the maximum
opportunity to participate in the performance of Agreements financed in
whole or in part with federal funds. Contractor shall ensure that certified
DBE firms, as defined in the CFR, have the maximum opportunity to
participate in the performance of this Agreement and shall take all
necessary and reasonable steps, as set forth in CFR, Part 26, for such
assurance. Contractor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontractor.
Failure to carry out the requirements of this paragraph shall constitute a
breach of Agreement and may result in termination of this Agreement or
such other remedy that City may deem appropriate.
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C. If DBE participation is obtained, Contractor shall maintain records of all
subcontractor agreements entered into with DBE subcontractors and
records of materials purchased from DBE suppliers. Such records shall
show each subcontractor's and vendor's name and address and the actual
dollars paid to each. Upon completion of the Agreement, a summary of
these records shall be prepared, certified correct and submitted on the
form "FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE), FIRST - TIER SUBCONTRACTORS", or
equivalent, by Contractor or his authorized representative to the City of
Carlsbad's Contract Manager showing total dollars paid to each DBE
subcontractor and supplier.
D. Any DBE firm working as a subcontractor under this Agreement must be
responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing, and
supervising the work.
E. Contractor shall make every reasonable effort to replace a certified DBE
firm that is unable to perform the provisions of this contract with another
certified DBE firm.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notibing Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
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Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 etsea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
24. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
a City Attorney Approved DBE Version #04.16.02
25. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
26. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
9
City Attorney Approved DEE Version #04.16.02
27. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
DOKKEN ENGINEERING, INC., CITY OF CARLSBAD, a municipal
a California corporation corporation of the State of California
,~ - hint narnehitlel ATTEST:
(print narnehitle) oA3RRAIN City Clerk
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
"Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretaly,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: / eputy City Attorney
10
City Attorney Approved DEE Version #04.16.02
i i i i i i i i i i i i i i i i i i i i i
ppersonally known to me - OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) i
islare subscribed to the within instrument and
acknowledged to me that hdshelthey executed i
the same in his/her/their authorized i
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@) acted, executed the instrument.
i i
WITNESS my hand and official seal. I i i
0 PARTNER(S) 0 AITORNEY-IN-FACT
0 TRUSTEE(S) - \'I
NUMBER OF PAGES
i I i u GUARDIANICONSERVATOR
0 OTHER:
I i
~" DATE OF DOCUMENT i -
I i .
DOKKEN EXHIBIT "A-1'' ENGINEERING
r...doll.....l....ln...m RANCHO SANTA FE ROAD NORTH, PHASE I &PHASE II
PLAN & SPECIFICATION CHANGES - BUDGET BY TASK AND PERSON
DOKKEN EXHIBIT “A-1’’
ENGINEERING
“r.lo*L.....(....ll, .~~~ RANCHO SAMA FE ROAD NORTH, PHASE I EL PHASE II
PLAN EL SPECIFICATION CHANGES - BUDGET BY TASK AND PERSON
Rdse 12’ CMMC Watadlna Uipnmsnt and Pmflle 10 CDnarYLt a 16‘
##din = Awlm k Ms~~htes
DEE i Dan Eqle Enplnrrlw, lnc.
LLG = UNC~ Law 6 Gne~pn Ewlnm, bc.
Task denoted by an *, (Tasks 8-13), are to be initiated individually only upon specific written instructions by the City of Carlsbad
r ~/ao/03
ACORD, CERTIFICATE OF LIABILITY INSURANCE KKE-1 CSR PP 05/10/02
DATE IMMIDWW)
PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR R C Fischer 6 Co - Sacramento 2210 - K Street # 101
Sacramento CA 95816
Phone:916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE ,
INSURED INSURERA: Golden Eagle Insurance COT. A+- KV
INSURERB:
INSURERC
INSURERO.
INSURERE:
Dokken Engineerin 11171 Sun Center 8r. Ste. 250 Rancho Cordova CA 95670
I
L 1
POLICIES. AGGREGATE LIMITS SHOWN MA
MAY PERTAIN, THE INSURANCE AFFOROEI
CLAIMS MADE OCCUR
er attached forn
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT. TERM OR CONOlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I BY THE POLICIES DESCRIBE0 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN0 CONOlTlONS OF SUCH
Y HAVE BEEN REDUCED BY PAID CLAIMS.
il I I If
GEN'LAGGREGATE LIMIT APPLIES PER
AUTOMOBILE LIABILITY
ALL OWNED AUTOS
SCHEOULEDAUTOS
HIRE0 AUTOS
NON-OWNED AUTOS
I\NY AUTO
CLAIMS MADE
EXCESS LIABILITY
OEDUCTIBLE
WORKERS COMPENSATION AND EMPLOYERS LIABILITY e IESCRIPnON OFOPERATIONSILOCATIONSll
POLICY NUMBER
CBP9597901
~~ ~~
CBP9597901
WLESIEXCLUSIONS ADDEO BY ENDORSEN
EF&fmTF
05/12/02
05/12/02
llSPEClAL PROWS1
2miET
05/12/03
BODILY INJURY (Per PerSO"1
BODILY INJURY (Per accidml]
PROPERNOAMAGE (Per accidenll f
I AUTO ONLY. U\ACCIOENT I S
OTHER THAN EA I AUTO ONLY: AGG I c
AGGREGATE
EACHOCCURRENCE
s
E.L. EACH ACCIDENT
E.L. DISEASE-EAEMPLOYEE I
E~L DISEASE - POLICY LIMIT I
L IONL
"10 Days Notice of Cancellation for Non Payment of Premium, 30 days for all
other notices. Certificate Holder is named as Additional Insured per fom(s)
attached.
Project: Engineering Services, Rancho Santa Fe Road, Proj. 3190 (DE1058
&1163)
". . A. .
~ -'
ZERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER - CANCELLATION ..*
c-s-5 SHOULD ANY OF THE
City of Carlsbad Engineering Department
Attn: Donna Harvey 1635 Faraday Avenue Carlsbad CA 92008-7314
IMPOSE NO OBLIGA+N OR LIABILINOF ANY KIND UPON THE INSURER,
REPRESENTATIVES. ~ /
AUTHORIZED REPRESENTATIVE 1
I /George W. Elv, Jr. I 4CORD 25-S (7197)
_.-~
... __ . OACO,-W,C,W~TION is88
P. 0. BOX 85826 - SAN DIEGO, CA. 92186-5826
GOLDEN EAGLE INSURANCE CORPORATION
PRIMARY INSURANCE ENDORSEMENT Policv No. CBP9597901
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies the following policy coverage forms:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM
Endorsement No. (If issued after the effective date) :
Endorsement Effective: 5/12/02
(At 12:OlA.M. Standard Time)
Named Insured Dokken Engineering
The insurance provided by this policy for the benefit of the Additional Insured shown in the
Schedule shall be primary insurance as specifically described in
COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGOOOl
Section IV Commercial General Liability Conditions,
4. Other Insurance
a. Primary Insurance
SCHEDULE
Name of Person or Organization:
The City of Carlsbad, (andor if applicable - the City of Carlsbad Redevelopment Agency, Housing
Authority or Carlsbad Municipal Water District) it’s officials, employees and volunteers, with respect to
liability arising ant of activities performed by or on behalf of the named insured (General Liability only).
GECG 827A (11197)
GOLDEN EAGLE INSURANCE CORPORATION
P.O. BOX 85826 - SAN DIEGO, CA 92186-5826
ADDITIONAL INSURED (Person of Organization) Policy No: CBP9597901
This endorsement applies to:
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM
The person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured Under Section II - Liability Coverage of this policy.
SCHEDULE
The City of Carisbad, (and/or if applicable - the City of Carlsbad Redevelopment Agency, Housing Authority or Carlsbad Municipal Water District) its officials. employees, and volunteers, with respect to liability arising out of the activities performed by or on behalf of the named insured.
R C Fischer & Co - Sacramento 2210 - K Street # 101 Sacramento CA 95816
Phoner916-443-5963 Faxr916-443-5978 c
Dokken En ineering Attn: Dici! Dokken
Rancho Cordova CA 95670 11171 Sun Center Dr. Ste. 250 DEPARTM
COVERAGES
THE POL~CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AeOVE FORTHE POLlCY PERIOD INDICATED. NOTWlTHSTANDlNG
my PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF WCH
WLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUMENT wm RESPECT TO WHICH THIS CERTIFICATE MY BE ISSUE0 OR
POLICY NUMBER UNUTS
EACHOCCURRENCE 5
CUlMS WE 0 OCCUC
I
GENLAGGREGATE LIMITAPPLIES PER 1 poLlcI n ;E n LM:
AUTDMOBILE LWUTY -
ANY AUTO
ALL OWEDAUTOS
HIRED AUTOS
SCHEDULEDAUTOS
NON-OWNED AUTOS
- - - - -
GARAGE LIABILITY
ANY AUTO
=CESS LIABILITY 3 OCCUR 0 CLAIMS MADE
1 DEDUCTIBLE
:I
DESCRIPTION OF OPERATlDNSlLOCATlONSf
Deductible: $75,000
MED EXP (Any me -) I
PEWONAL b ADV INJURY S
GENERMAGGREGATE I
PRODUCTS. COMPIOP A00 I
COMBINED SINGLE LlMlT (Ea assidml)
BODILY INJURY lP=r m)
BODILY INJURY
I
(pu wedl I
PROPERTY DAMAGE (Per nmdanl) 5
Am0 ONLY - EA ACCIDENT
AUTOONLY:
5
OTHER WAN
5 EACH OCCURRENCE
$ AGG
AGGREGATE
~~~ s
I
I
I
E.L. EACHACCIDENT 5
E.L. DISEASE -EAEMPLOYEE
I E.L. DISEASE. POLICY LIMIT
I
I YbLdjYlfihk I IOiR"'
AEA003987226 Occurence 1,000,000 03/13/03 03/13/02
Aggregate 3,000,000
iICLESiEXCLUSIDNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
10 Day Notice of Cancellation for Non Payment of Premium
Project: Coastal Rail Trail
City of Carlsbad TE THEREOF. THE ISSUl Engineering Department Attn: Donna Harvey
Carlsbad CA 92008-7314 1635 Faraday Avenue
OTlCE TO THE CERn
A.M. Best's Rating. for Continental Casualty Company Page 1 of 1
02128 - Continental Casualty Company
Member of CNA Insurance Companies
View a list of grouB~~mem.bers or the.gr.oup's ratlng A.M. Best x: 02128 NAlC #: 20443
Best's Rating
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Fim-nda! S~LzeC.at.egegory
XV ($2 billlon or more)
'Ratings as of W/l&Y003 04:50:02 PM EST.
or purchase the complete Best's ComDanv ReDOrt for in-depth analysis.
policyholden.
Rating Category (Excellent): Assigned to companies that have, in our opinion. an excellent ability to meet theirongoing obligations lo
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Record 1
Last Revised - January 08,2003 08:30 PM
htto://l60.88.209.44/ols/wu co orof/idh cn listko list mr nrtinnnnenr
ACORD, CERTIFICATE OF LIABILITY INSURANCL KKE-1 op ID DATE IMMIDONYJ
PRODUCER
07/30/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. R C Fischer 6r Co - Sacramento 2210 - K Street # 101 Sacramento CA 95816
Phone:916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE,
INSORERA: State Insurance Fund n\v
INSURER 8: I Dokken Engineerin 11171 Sun Center 8r Ste. 250 Rancho Cordova CA 95670
INSURERC
INSURER D:
... ^..L,I,".,.....~.I.".~,."L".III~"I". II.C.-L.I.L",
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE 0EEN REDL
TYPE OF INSURANCE I PDurr nunn-cn I GENERAL LlAElLlN I
COMMERCIAL GENERAL LIABILITY I
OCCUR 1 CUIMS MADE
-I I
THE POLICIES OF INSUPANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PER00 INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
L"d" cIcDTbm TYE qup'8naL'ps m"-c ap8sF DESCRIBED HEREIN IS SUQlECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
ICED BY PAID CLAIMS.
, NI LIMITS
~ .CH OCCURRENCE
io EXP (Any me pmm)
5 DAMAGEIAnyOneflre)
I
S PRODUCTS. MMPIOPAGG
3 :NEPAL AGGREGATE
5 RSONAL & ADV INJURY
S
' "?E
GGREGATE LIMIT APPLIES PER
, r"iiCY, ~~, ygf I 7 LOC 1 ~~
1 AUTOMOBILE LIABILITY I I I
ANY AUTO
ALL OWNEDAUTOS
SCHEOULEDAUTOS
HIRED AUTOS
NON-OWNEDAUTOS
I RE~EIVED
I DATE(MMDWI*J I IEA
I (Pa accldhnl)
PROPERNDAMAGE
1 GARAGE LlABlLlN i- , AUTO ONLY - EA ACCIDENT 1 S I ' ANVAUTO I
T-i OTHERTHAN
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE
5 AGGREGATE
s
S
2 OCCUR 0 CLAIMS MADE
1
'- 1 GARAGE LlABlLlN S AUTO ONLY - EA ACCIDENT
ANY AUTO T-i OTHERTHAN
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE
5 AGGREGATE
s
S
2 OCCUR 0 CLAIMS MADE
1
City of Carlsbad Engineering Department
Attn: Marshall Plant2 1635 Faraday Avenue Carlshad CA 92008-7314