HomeMy WebLinkAbout2005-08-16; City Council; 18250; Coastal Rail Trail Engineering/Environmental Svcs4B# 18,250
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CITY ATTY
- TITLE: APPROVING A CONSULTANT AGREEMENT FOR
ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE
COASTAL RAIL TRAIL AND APPROPRIATING FUNDS
PROJECT NO. 3455 CITY M A
RECOMMENDED ACTION:
Adopt Resolution No. 2005-263 approving a consultant agreement with Dokken Engineering for engineering and environmental services for the Coastal Rail Trail and appropriating funds, Project No. 3455.
ITEM EXPLANATION:
The Coastal Rail Trail is a multi-modal trail extending from San Luis Rey River in Oceanside to the Santa Fe Depot in San Diego. The City of Carlsbad served as lead agency for preparation of a Project Study Report (PSR) for the entire 44 miles and environmental review of this document. After approval of the PSR and Mitigated Negative Declaration, the Cities of Oceanside, Carlsbad and Encinitas coordinated to select one consultant to perform the preparation of plans, specifications, and cost estimates and to perform any additional environmental consulting required for the project within the limits of the three cities. Ten consulting firms submitted qualifications for the project and on September 18, 2001, City Council approved and authorized execution of an agreement with Dokken Engineering.
Oceanside and Encinitas have proceeded with development of their portion of the Coastal Rail Trail. Within Carlsbad, Dokken Engineering used the alignment described in the Mitigated Negative Declaration and proceeded to complete geotechnical investigations, supplemental environmental studies, 50% bridge plans crossing Agua Hedionda Lagoon, and 30% plans for the trail. NCTD also prepared “Design Guidelines” for the Coastal Rail Trail resulting in modifications to the alignment and other aspects of the trail. Carlsbad subsequently divided the trail into six reaches as follows:
Reach 1 -from Oceanside to Oak Avenue Reach 2 -from Oak Avenue to Tamarack Avenue Reach 3 -from Tamarack Avenue to Cannon Road Reach 4 - from Cannon Road to Palomar Airport Road Reach 5 - from Palomar Airport Road to the Poinsettia Coaster Station Reach 6 - from the Poinsettia Coaster Station to Encinitas
Each reach of the Coastal Rail Trail encountered different issues to comply with the requirements of the “Design Guidelines”. For Reach 2 and 6, Dokken Engineering completed plans and specifications, and on January 18, 2005, City Council awarded their construction to 3D Enterprises, Inc., and these reaches are now nearing completion. Dokken Engineering began preliminary design of Reaches 1, 3, and 4, and initiated final design of Reach 5. However, Dokken’s agreement expired on March 23, 2005, and additional funding is needed to proceed with the project.
Staff has negotiated a new agreement with Dokken Engineering, Inc., to continue developing the preliminary design for Reaches 1, 3, and 4 and to prepare final plans, specifications, and cost estimates for Reach 5. Dokken Engineering, Inc., has been the engineer of record for the project since 2001. Dokken Engineering was also a key participant in developing the North County Transit District (NCTD) Design Guidelines for development of the trail within NCTD’s rail corridor and, therefore, they have intimate knowledge of the various requirements to develop a project within the rail corridor.
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 California Environmental Quality Act (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.
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Page 2 of Agenda Bill No. 18,250
Proiect Studv ReDort - Comdeted
As a result of the federal funding for the project, a National Environmental Policy Act (NEPA) federal environmental document is needed. CALTRANS prepared and processed the Categorical Exclusion
in conformance with NEPA guidelines. The Federal Highway Administration approved the Categorical Exclusion on August 1, 2001.
On February 18, 2004, the Planning Commission approved Coastal Development Permit Number 03-31 for Coastal Rail Trail Reach 2. Reach 6 is not in the Coastal Zone. Reach 1, 3, and 5 may propose alignments that deviate from those reviewed under CEQA and NEPA. Should these
alignments deviate from those approved, subsequent environmental will be required and final design will not commence until those approvals are received.
$960.000
FISCAL IMPACT:
Design - Reaches 2 and 6 - Final Plans and Specifications Completed
Design - Reach 5, Preliminary Design of Reaches 1,3, and 4
City Staff Overhead Design - NCTD Guidelines Completed
Construction - Reaches 2 and 6 Scheduled for Completion November 2005
TOTAL COST
The cost proposal from Dokken Engineering is for time and materials not to exceed $400,000
to complete preliminary design of Reaches 1, 3, and 4 and preparation of plans and specifications
for Reach 5. In addition, $50,000 is requested for staff overhead to manage the contract. The total cost for the Coastal Rail Trail through the design of Reach 5 is shown in Table 1. However, the total
cost to construct Reaches 1, 3, 4, and 5 are not included at this time.
$1,385;882
$400,000
$50,000 $1 03,601
$2,112,278
$5,011,761
SOURCES OF FUNDS
Federal TEA Funds
State TSM Funds
TransNet Funds (in 04/05 CIP)
APCD Grant
TOTAL
TO DATE REQUIRED INCREASE
$4,113,784 $4,413,784 $300,000 $1 92,000 $1 92,000 ---
$221,801 $221,801 _--
$1 84,176 $1 84,176 ---
$4,711,761 $5,011,761 $300,000
TABLE 2 I APPROPRIATED I APPROPRIATIONS I APPROPRIATION I
To date, $4.7 million has been appropriated as shown in Table 2. The Federal and State funds are drawn on a reimbursement basis. The TransNet funds were received in advance of expenditures.
In addition, San Diego County has approved a reimbursement grant for Air Pollution Control District (APCD) matching funds totaling $1 84,176.
Staff is requesting an additional appropriation of $300,000 of Federal Transportation Equity Act (TEA) funds. An Amendment Modification approving these funds was received from the California Department of Transportation (the Federal pass-through agency).
EXHIBITS:
1. Location map.
2. Resolution No. 2005-263 approving a consultant agreement with Dokken
Engineering, Inc., for engineering and environmental services for the Coastal Rail Trail and
appropriating funds, Project No. 3455.
Consultant agreement with Dokken Engineering, Inc. 3.
DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756, showa @ci.carlsbad.ca.us
LO CAT1 0 N
PROJECT NAME
COASTAL RAIL TRAIL
MAP
PROJECT EXHIBIT NUMBER 7 3455
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RESOLUTION NO. 2005-263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH DOKKEN ENGINEERING, INC., FOR
ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE
PROJECT NO. 3455.
COASTAL RAIL TRAIL AND APPROPRIATING FUNDS -
WHEREAS, Dokken Engineering, Inc., was selected as the most qualified team from ten
firms for the design and environmental permitting effort on the Coastal Rail Trail; and
WHEREAS, Dokken Engineering, Inc., has submitted a proposal to perform engineering
and environmental services for additional reaches of the Coastal Rail Trail; and
WHEREAS, on September 18, 2001, the City Council approved an agreement with
Dokken Engineering to provide design services for the Coastal Rail Trail; and
WHEREAS, Dokken Engineering submitted a new proposal to complete plans and
specifications for Reach 5, and Preliminary Design of Reaches 1, 3, and 4 of the Coastal Rail Trail
within Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary and in the public interest to enter into an agreement between Dokken Engineering and
the City of Carlsbad, California, Project No. 3455; and
WHEREAS, the funds authorized by the California Department of Transportation are a
reimbursement grant requiring the City to appropriate funds and invoice for reimbursement; and
WHEREAS, sufficient Federal Transportation Equity Act (TEA) funds have been approved
~y CALTRANS for these services on a time and materials basis not-to-exceed $400,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Salifornia, as follows:
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That the above recitations are true and correct.
That the Finance Director is authorized to appropriate an additional $300,000 to
:he federal portion of the Coastal Rail Trail project.
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3. That a consultant agreement with Dokken Engineering, Inc., for engineering and
environmental services for the Coastal Rail Trail for Project No. 3455, as described in the
attached agreement, is hereby approved and the Mayor is hereby authorized and directed to
execute said agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 16th dayof AUGUST , 2005 by the following vote, to wit:
AYES:
NOES: None
ABSENT: Coun
Council Members Lewis, Hall, Kulchin, Sigafoose
ATTEST:
(SEAL)
PWENG489
AGREEMENT FOR ENGINEERING SERVICES
(DBE PARTICIPATION)
(DOKKEN ENGINEERING, INC.)
EEMENT is made and entered into as of the 17~ day of
, 20a5by and between the CITY OF CARLSBAD, a municipal
corporatid, ("City"), and DOKKEN ENGINEERING, INC., a California corporation,
("Contractor").
-_
RECITALS
A. City requires the professional services of an engineering firm that is
B. Contractor has the necessary experience in providing professional
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
experienced in the preparation of plans, specifications, and estimates.
services and advice related to civil engineering.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. - TERM
The term of this Agreement shall begin on the date of full execution and shall expire on
July 15, 2007. The City Manager may amend the Agreement to extend it for &o (2)
additional one (1) year periods or parts thereof. 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.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
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5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term
will be on a time and materials basis not to exceed four hundred thousand dollars
($400,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
Reimbursement for transportation and subsistence costs shall not exceed the rates to
be paid nonrepresented/excluded employees under current State Department of Personnel Administration rules detailed in the Caltrans Travel and Expense Guide.
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 any agent, employee, or subcontractor Agreement. At the City's election, City may balance owing to Contractor.
required to make on behalf of Contractor or of Contractor for work done under this deduct the indemnification amount from any
7. SUBCONTRACTING Contractor will not subcontract anv 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.
Subconsultant contracts shall adhere to the applicable provisions of this Agreement.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
I N DE M N I FI C AT1 0 N
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-:VI'.
10.1 CoveraQes 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 Liabilitv (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' Compensation and Employer'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 Providinq 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.
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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.
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.
Contractor shall allow representatives of the State and Federal government with the
right to access the books, documents, papers and records of the Consultants and
Subconsultants which are pertinent to this contract for the purpose of performing audits,
examinations, excerpts, and transcriptions. It also does not provide State and Federal
representatives the right to access and audit the records of the consultant for a period of
three years formt he date of final payment.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City ._ - and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Lloyd B. Hubbs
Title Public Works Director
Dept Public Works
City of Carlsbad
Address 1635 Faraday Avenue
Phone No. (760) 602-2730
Carlsbad, CA 92008
Name Chris Johnson
Title Vice President
Dokken Enaineerina. Inc.
Address
Phone No. (858) 514-8377
9665 Chesapeake Dr., Ste. 435
San Diego, CA 92123-1367
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.
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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.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations - prohibiting discrimination and harassment.
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
REQUIREMENTS AND REGULATIONS GENERAL
The DBE participation 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.
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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:
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.
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.
Performance of DBE Contractors, Subcontractors and Suppliers
B.
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.
Prompt Payment to DBE and Non-DBE Contractors
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
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.
Subcontractors
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D.
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.
DBE and Non-DBE Subcontractor Payment Records
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
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.
$10,000 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.
Penalty Assessed for Failure to Provide Subcontractor Payment Records
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.
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:
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 Contractor.
The listed DBE becomes bankrupt or insolvent.
The listed DBE fails or refuses to perform the subcontract or furnish the
listed materials.
1.
2.
3.
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4. 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.
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.
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.
When it is in the best interest of the City.
5.
6.
8.
9.
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 26.53(f)( 1) and 26.53(f)(2), Part
26, 49 CFR, Contractor shall not:
1.
2.
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
Manager to perform the work with other forces or to obtain materials from
other sources
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.
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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’ LAPM, 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.
1. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is creditedkounted toward the goal
only after the DBE has been paid.
1. Credit for materials or supplies purchased from DBEs will be as follows: Credit for Material or Supplies
a) If the materials oi 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.
c) 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.
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 (1 0) 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.
City Attorney Approved DBE Version #04.16.02
10
21. TERMINATION In the event of the Contractor's failure to Drosecute, deliver, or Derform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
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 et seq., 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.
City Attorney Approved DBE Version #04.16.02
11
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.
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.
27. FEDERAL COST PRINCIPLE REQUIREMENTS
The Contractor agrees that the Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine
the allowability of individual items of cost.
The Contractor also agrees to comply with Federal procedures in accordance with
49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreement to State and Local Governments.
Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments, are subject to repayment by Consultant to the City of Carlsbad.
Any subagreements in excess of $25,000 entered into as a result of this agreement,
shall contain all of the provisions of this article.
...
...
City Attorney Approved DBE Version #04.16.02 12
28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
DOKKEN ENGINEERING, INC., a
(print name/titIe)\
LORRAINE M. WC@D
City Clerk
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman, President, or Vice-president
**Group 6. Secretary, Assistant Secretary, CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer($ signing to bind the
corporation.
APPROVED AS TO FORM:
RO~X&A
By: ee(accqc City Attorney
City Attorney Approved DBE Version #04.16.02
13
F f&! 011 ‘\A1‘
SCOPE OF SERVICES
TASK 1.0 FINAL DESIGN. RIGHT-OF-WAY. AND PERMITS
TASK 1.1 REACH 5 (PALOMAR AIRPORT ROAD TO POINSElTIA COASTER
STATION)
Prepare PS&E for the Class I Coastal Rail Trail from the Palomar Airport
Road/Avenida Encinas intersection to the Poinsettia Coaster Station. PS&E for the
Coastal Rail Trail consists of the following:
Task 1.11 to Task 1.24 Develop Construction Drawings. Consultant shall
prepare construction drawings, in English units, to Caltrans and local agency
standards. Plans will be submitted at 65%, 90% and 100% stages of
completion. The plan preparation tasks include the following:
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, minimizes the use of retaining walls and meets
applicable city, railroad and bikeway design standards.
Retaining wall design at all locations requiring retaining wall construction.
Construction details to provide for the construction of all project
corn pone n ts.
Signing and striping for the bikeway and all street crossings.
Improvements to existing roadway required by the bikeway.
Active Pedestrian Warning Devise design at the Poinsettia Coaster Station
driveway.
Planting/Irrigation Plans.
Landscape Details, Legends and Notes
Ha rdsca pe Construction Plans
Trail lighting for the length of Class I trail.
Erosion control specifications for non-irrigated project slopes.
Task 1.25 Contract Specifications. Develop contract specifications in Greenbook
format. A single construction contract is expected.
Task 1.26 Engineer’s Estimate and Quantities. Quantity calculations for all
project components and research of current and applicable construction bid
prices for the development of an accurate Engineer’s Estimate Cost of
Construction.
Task 1.27 Topographic Design Surveys. Topographical design surveys adjacent
Class I bikeway areas at roadway conform locations, culvert extensions,
existing utilities, retaining walls and structures.
determination at specific locations as may be required
Task 1.28 Right-of-way Research and Locating. Right-of-way location
Page 1
Task 1.29 Plat and Legal Description. Development of plat and legal
description for NCTD Easement Agreement
Task 1.30 Landscape and Amenity Concepts Drawings. Landscape and
amenity conceptual drawings to assist in the selection of landscaping and
furnishings to be included within the final design.
Task 1.31 Structure Foundation Investigation. Perform geotechnical
investigations consisting of 3 to 4 borings to depths ranging from 15 to 30
feet at the planned retaining wall adjacent Avenida Encinas. Laboratory
analysis will be performed to provide soil characterization and select design
geotechnical parameters for retaining wall design.
Task 1.32 Addendum Geotechnical Report. Provide an addendum geotechnical
report providing recommendations for the proposed retaining wall. The
addendum report will supplement the previously prepared geotechnical
investigation report. Recommendations for retaining wall type, lateral earth
pressures for retaining wall design, and bearing capacity for foundation
design will be provided in the addendum report.
Task 1.33 Utility Relocation Coordination. Coordination with utility companies
for those utilities requiring conflict determination potholing and coordination
with existing utility companies for those utilities requiring relocation.
Task 1.34 Meetings and Coordination with NCTD. Meetings and coordination
with NCTD to keep them informed and apprised of the project, seek their
input, address their comments and receive their concurrence.
Task 1.35 Prepare NCTD Variance Request. Prepare and seek approval of an
NCTD Variance Request for proposed project features not in conformance
with NCTD Trail Design Guidelines.
Task 1.36 Prepare and Coordinate Caltrans R-0-W Certification, PS&E
Certification and Authorization to Construct. Coordinate with Caltrans
Local Assistance Engineer to complete the required paperwork leading to
Authorization to Construct.
Task 1.37 CEQA Compliance. EDAW will perform a biological survey of the
vegetated slope at the southwest corner of the intersection of Avenida
Encinas and Palomar Airport Road. It is expected that the survey will
confirm there is no sensitive habitat in the area that will be impacted by the
new trail alignment. It appears that all other environmental issues are
adequately covered in the previous MND and biological reports, including a
focused survey for the coastal California gnatcatcher (June 2002) and a
habitat assessment for the pacific pocket mouse (May 2002). EDAW will
prepare an addendum to the MND, to document that the project will not
result in significant new impacts not previously disclosed. As stated in the
CEQA Guidelines 515164, an addendum to an adopted negative declaration
may be prepared if only minor technical changes or additions are necessary
and no substantial changes are proposed, no substantial changes to the
project circumstances have occurred, or no new important information has
been found. Related improvements including drainage components and
retaining walls will be addressed. It is also expected that there are no new
staging areas or access points along this reach.
Page 2
Task 1.38 Local Coastal Development Permit (CDP) Support. Prepare a local
CDP application package. The permit application will be based on
information found in the Final MND, its appendices, the NEPA categorical
exclusion, plus current design information and any revised environmental
documents. The permit application shall be prepared per City of Carlsbad
requirements for public noticing including a map showing all assessor
parcels within both the 600-foot (owners) and 100-foot (residents) noticing
radii. For timing purposes, the permit shall not be prepared until advised to
do so by the City of Carlsbad project planner. As per City of Carlsbad
requirements, copies of the maps, property owners list, and mailing labels
will be provided. City staff will be responsible for all public noticing
requirements of the CDP, including posting hearing notices onsite, mailing
the notices, and related administrative tasks.
Task 1.39 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 2.0 PRELIMINARY ENGINEERING
TASK 2.1 REACH 1 (OCEANSIDE CITY BOUNDARY TO OAK AVUENUE)
Prepare Preliminary Engineering and compile a Preliminary Engineering Report for
the Coastal Rail Trail Reach 1 from the City of Oceanside city boundary to Oak
Avenue :
Task 2.11 Develop Trail Plan View Geometrics. Various plan view geometric
alternatives will be prepared for review and discussion. Plan view geometrics
will be analyzed in terms of meeting the project goals, trail operation,
construction costs, right-of-way constraints, utility conflicts, construction
impacts, and drainage issues. A preferred alternative will be recommended.
Task 2.12 Determine Right-of-way and Easement Requirements. Base
mapping of existing right-of-way and property lines will be analyzed to
determine right-of-way constraints and right-of-way requirements.
Task 2.13 Prepare Engineer's Estimate of Construction Costs. Prepare cost
estimates to predict the overall cost of various alternatives. Quantities will
be estimated and applicable current bid data and other relevant data will be
gathered to quantity the expected overall cost of the alternative.
Task 2.14 Perform Environmental Data Gathering, Wetland Delineation and
Various Consultation. Existing environmental data and environmental
studies will be obtained for 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. Other environmental consulting will be provided on an
as-needed basis.
Task 2.15 Develop and Compile Preliminary Engineering Report. A
Preliminary Engineering Report will be developed that includes all mapping,
studies, research, analysis, reports, findings, recommendations and
conclusions developed through out the course of preliminary design
eng i nee ri ng development .
Page 3
TASK 2.2 REACH 3 (TAMARACK AVUENUE TO CANNON ROAD)
Prepare Preliminary Engineering and compile a Preliminary Engineering Report for
the Coastal Rail Trail Reach 3 from Tamarack Avenue to Cannon Road:
Task 2.21 Develop Trail Plan View Geometrics. Various plan view geometric
alternatives will be prepared for review and discussion. Plan view geometrics
will be analyzed in terms of meeting the project goals, trail operation,
construction costs, right-of-way constraints, utility conflicts, construction
impacts, and drainage issues. A preferred alternative will be recommended.
Task 2.22 Determine Right-of-way and Easement Requirements. Base
mapping of existing right-of-way and property lines will be analyzed to
determine right-of-way constraints and right-of-way requirements.
Task 2.23 Prepare Engineer's Estimate of Construction Costs. Prepare cost
estimates to predict the overall cost of various alternatives. Quantities will
be estimated and applicable current bid data and other relevant data will be
gathered to quantity the expected overall cost of the alternative.
Task 2.24 Perform Environmental Data Gathering, Wetland Delineation and
Various Consultation. Existing environmental data and environmental
studies will be obtained for reference. Areas of the project within Carlsbad
containing wetland areas under 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. Other
environmental consulting will be provided on an as-needed basis.
Task 2.25 Develop and Compile Preliminary Engineering Report. A
Preliminary Engineering Report will be developed that includes all mapping,
studies, research, analysis, reports, findings, recommendations and
conclusions developed through out the course of preliminary design
engineering development.
TASK 2.3 REACH 4 (CANNON ROAD TO PALOMAR AIRPORT ROAD)
Prepare Preliminary Engineering and compile a Preliminary Engineering Report for
the Coastal Rail Trail Reach 4 from Cannon Road to Palomar Airport Road:
Task 2.31 Perform Field Reviews/Develop Project Photo Record. Visit the
project site, become familiar with the key project features and develop a
comprehensive photo log of the project.
Task 2.32 Acquire Existing Utility Facility Maps/Prepare Utility Base
Mapping: Notify various utility operators and request/acquire available utility
facility maps. The utility facility maps will be used to develop utility base
mapping of existing utilities within the corridor.
Task 2.33 Prepare City of Carlsbad Topographic Mapping and Various GIs
Mapping. Acquire city of Carlsbad topographic mapping and convert for use
by civil design software. Acquire Carlsbad GIS mapping data such as Right-
of-Way and parcel lines.
Task 2.34 Develop Trail Plan View Geometrics. Various plan view geometric
alternatives will be prepared for review and discussion. Plan view geometrics
will be analyzed in terms of meeting the project goals, trail operation,
construction costs, right-of-way constraints, utility conflicts, construction
impacts, and drainage issues. A preferred alternative will be recommended.
Page 4
Task 2.35 Determine Right-of-way and Easement Requirements. Base
mapping of existing right-of-way and property lines will be analyzed to
determine right-of-way constraints and right-of-way requirements.
Task 2.36 Prepare Engineer's Estimate of Construction Costs. Prepare cost
estimates to predict the overall cost of various alternatives. Quantities will
be estimated and applicable current bid data and other relevant data will be
gathered to quantity the expected overall cost of the alternative.
Task 2.37 Perform Environmental Data Gathering, Wetland Delineation and
Various Consultation. Existing environmental data and environmental
studies will be obtained for 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. Other environmental consulting will be provided on an
as-needed basis.
Task 2.38 Develop and Compile Preliminary Engineering Report. A
Preliminary Engineering Report will be developed that includes all mapping,
studies, research, analysis, reports, findings, recommendations and
conclusions developed through out the course of preliminary design
engineering development.
TASK 3.0 CONSTRUCTION SUPPORT
TASK 3.1 REACH 2 (OAK AVENUE TO TAMARACK AVENUE) and REACH 6
(POINSETTIA COASTER STATION TO ENCINITAS CITY BOUNDARY)
Provide various Construction Support services during the construction phase for the
Coastal Rail Trail Reach 2 from Oak Avenue to Tamarack Avenue and Reach 6 from
the Poinsettia Coaster Station to the Encinitas City Boundary:
Task 3.11 Respond to Miscellaneous RFI's. Review and respond to various
Requests for Information (RFI's) generated during the construction phase.
Task 3.12 Attend Pre-construction Meeting and Various Meetings. Attend
and participate in various meeting as requested by the City of Carlsbad.
Task 3.13 Prepare As-Built Drawings. Revise project plan sheets per red-line
markups by the Contractor or Carlsbad per construction field changes.
(END)
Page 5
Dokken Engineering
Linscott, Law & Greenspan
~ ~ ~~ ~~~-
Aguirre & Associates ~~
Estrada Land Planning
Diaz-Yourman ~ ~~ Associates
EDAW, Inc.
CRT Carlsbad (Fee) 2005-0603.xls
Project Totals: 17.4%
414105
$278,468
$10,000
$13,261
$37,800
$1 ~ 8,735 ~
$400,000
Fee Proposal Summary
NAME FUNCTION HOURS RATE AMOUNT
ChfsJohnson ___ Project Manager-.. - 284 ..- - $58.25 $16,543.00
172 544.00 __- $7,568.00 Matt Salveson ._ Gerard Lumabas ~._ Associate Engineer 704 $40.00 $28,160.00
$17,985.00
~ $27.25 ~... . ~
KristinaDominguez Assistant Engineer E60
Eric"a"g!!!------ ~. . .. Engineering Technician 642 $24.50 $15,729.00 Bobette Bowman Word Processing 142 $14.10 $2,002.20
__ Senior Engineer
~ ~. __. .
INDIRECT COSTS (OVERHEAD)
OVERHEAD 182.00%
TOTAL OVERHEAD $1 60.1 36.70
ITEM QUANTITY I UNIT I UNITCOST 1 AMOUNT
FEE (PROFIT) PERCENTAGE 12?h FEE $29,774.87
CopiedReproduction
DOKKEN ENGINEERING TOTAL COST1 $278,467.771
5,6901 EA I $O.lOl $569.00
CRT Carlsbad (Fee) 2005-0603.xls 4/4/05 Fee Proposal (DE)
NAME FUNCTION HOURS RATE
John P. Keating - Principal 10 $76.56 SaUlM, en!! Transportation EngineerJl 20 $42.50
Kalyan C. Yel!apu ~ ~ Transportation Engineer II ~ - ~ 20 $32.85
David V. Spinler - CAD 40 $27.87 - ..._ Kerry Krasnasky Word Processing 5 $20.00
INDIRECT COSTS (OVERHEAD] OVERHEAD 150.00%
TOTAL OVERHEAD $5,231.10
AMOUNT
$765.60
$850 00
__ $657.00
$1,114.80
- -~~
____ $100.00
ITEM QUANTllY
FEE (PROFIT) PERCENTAGE 12.00% FEE $1,046.22
TOTAL COSTW$9,999.721
UNIT I UNIT COST I AMOUNT
CRT Carlsbad (Fee) 2005-0603.xls 4/4/05 Fee Proposal (LLG)
FUNCTION HOURS RATE AMOUNT !.!!keys!!!! ~ ~. .~ -~~ ~. .. Project Manager -~ 30 - $50.00 $1,500.00
$1,368.00 Mike Havener ~~
- Joel Riipinen Party Chief - 16 $39.00 $62*
$592.00
- . ~ Survey Manager -- -. - $3_alOo .. 36
16 -. ___
$37.00 -__ ~~ Bob Fermer--..--.-- ~ .. . Seniorchainman - __ Dan McCormack CADWGPS/Processing 16 $24.00 $384.00
ITEM
FEE $1,410.10 FEE (PROFIT) PERCENTAGE 12.m
TOTAL COST\-[
QUANTITY I UNIT UNIT COST I AMOUNT
CRT Carlsbad (Fee) 2005-0603.xls 4/4/05 Fee Proposal (Aguirre)
NAME FUNCTION HOURS
36 Principal- - Steve Estrada
Scott Molentin - Project Manager
Staff - __ Landscape Designer 124
Staff __ __ Assistant Landscap Designer 106
Staff Clerical 12
INDIRECT COSTS (OVERHEAD]
OVERHEAD 165.00%
TOTAL OVERHEAD $20,713.95
RATE AMOUNT
$84.00 $3,024 00
$2,613 00 $39.00
$4,216.00
$23.75 $2,517 89
$15.25 $183 02
____
-~ - $34.00
ITEM
Copiedieproduction
Mileage
FEE (PROFIT) PERCENTAGE 12.00% FEE $3,992.14
QUANTITY UNIT UNIT COST AMOUNT
___ 3000 EA $0.10 $300.00
600 ML $0.40 -- $240.00
TOTAL C0STl-j
CRT Carlsbad (Fee) 2005-0603.xls 4/4/05 Fee Proposal (EST)
TOTAL HOURS 106 TOTAL LABOR $3,636.40
ITEM
Outside Driller
Outside Laboratory
Delivery
Truck and Supplies
Mileage
Outside Geophysical Survey
INDIRECT COSTS (OVERHEAD)
OVERHEAD 192.37%
TOTAL OVERHEAD $6,995.34
QUANTITY UNIT UNIT COST AMOUNT
I LS $2,700.00 $2,700.00
I LS $2,400.00 $2,400.00
2 LS $30.00 $60.00
12 hour $1 I .oo $132.00
300 mile $0.45 $135.00
1 LS $1,400.00 $1,400.00
FEE (PROFIT) PERCENTAGE 12.00% FEE $1,275.81
TOTAL COSTJt18,734.551
CRT Carlsbad (Fee) 2005-0603.A~ 4/4/05 Fee Proposal (D-Y)
City of Carlsbad
ENCINEERINL
FUNCTION HOURS RATE
Teri Fenner .. Project Director 24 $47.12
Kara Friedman Project Manager '63 - $25:42
$18.75
$45.41
Therese Tempereau- Technical Editor 20 $25.87
Eric Coughlin ~.__ GIS Specialist 60 $25.84
Marisa Fabrigas Word Processing 36 $21.58
Addie Olazabaltl--p .- .. -. Environmental Analyst -. 206 _.
Paula Jacks . __ Senior Biologist - - -. 60
INDIRECT COSTS (OVERHEAD)
OVERHEAD 150.00%
TOTAL OVERHEAD $22,059.18
AMOUNT
$1,130.88
__ $4,143.46
- -. . . $3,862.50 . . .
$2,724.60
$517.40
$1,550.40
$776.88
~ .~
KEM QUANTW UNIT UNIT COST AMOUNT
- 1 UNIT $500.00 ~ $500 00 Mileage 150 UNIT $0.40 $60 00 - _~ Plan Reproduction - __ ___
FEE (PROFIT) PERCENTAGE 12.00% FEE $4,411.84
TOTAL COSTl$41,737.141
CRT Carlsbad (Fee) 2005-0603.xls 4/4/05 Fee Proposal (EDAW)
ENDINBERING HDOKKEN .-.a .,..... IS..........
City of Carlsbad
Coastal Rail Trail Design, Agreement No. 2
Design Fee by Task and Person
Local Assistance Procedures Manual EXHIBIT 15-G
Local Agency Bidder-DBE (Construction Contracts)-Information
CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE
SUBCONTRACTED OR MATERIALS TO BE PROVIDED '
Mapping and Surveying
El
Local Agency Bidder-DBE (Construction Contracts)-Information
DBE CERT. NO. AND EXPIRATION
DATE
CT-006729
06-0 1-2005
This information may be submitted with your bid proposal. (If DBE information is not submitted with the bid proposal, 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 bid nonresponsive.
AGENCY: Carlsbad LOCATION:
PROJECT DESCRIPTION; CoasvE and Final Desigp)
CONTRACT NUMBER.
TOTAL CONTRACT AMOUNT: $400,00
FEDERAL SHARE (For local agency to complete): S BID DATE:
BIDDER'S NAME: Dokken Eneineering
FEDERAL-AID PROJECT NO.: STPLER 5446 (009)
ADVERTISED DBE CONTRACT GOAL: 14%
Geotechnical Investigators
Landscaping
UCP #20075
10-04-2007
UCP #7103
06-0 1-2005
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent with the names and items of work io the "List of Subcontractors" submitted with your hid pursuant to the Subcontractors Listing Law and the Special Provisions.
1. Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces.
2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE.
3. See Section "Disadvantaged Business Enterprises," of the Special Provisions (construction contracts); to determine the credit allowed for DBE firms.
Loul Agency Conaaet ofscu
NAME OF DBEs ' (Must be certified on the date bids are
opened - include DBE address and phone
number)
4guirre & Associates
3265 Commercial Street, Ste 1
;a Mesa, CA 91942-43 12
Dim-Yourman & Associates
1616 East 17* Street
3anta Ana, CA 92705-8509
Estrada Land Planning
755 Broadway Circle, Suite 300
San diego, CA 92 10 1-6 16 1
16 19) 464-6978
:714) 245-2920
Total Claimed
Participation
DOLLAR AMOUF DBE
$13,26 1
$1 8,735
$37,800
Signature of Biddq
June 3,2005 (858) 514-8377
Date (Area Code) Tel. No.
Chris Johnson P.E.
Person to Contact (Please Type or Print) CT Bidder - DBE Information (Rev 8/12/04)
$69,796
17.4%
Distribution. (I) Copy - Fax immediately to the Cdtrans District Local Assistance Engineer (DLAE) upon awd (2) Copy - Include in award plckase to Cdtrnns District Local Assistance (3) Original - Lofal Agency files
LPP 04-07
Page 15-31
August 12,2004
Standards for the Digital Submittal of Maps
and Plans
1 . 0 Introduction .......................................................................................................................... 2
2.0 Format of Data for Digital Submittal ................................................................................... 2
3.0 Basis of Bearings and Coordinate Reference ....................................................................... 3
4.0 Data Layering Requirements ................................................................................................ 3
Table 4.1 Final Maps, Parcel Maps ..................................................................................... 4
Table 4.2 Improvement Plans .............................................................................................. 5
Table 4.3 Grading Plans ....................................................................................................... 7
6.0 File Naming Conventions .................................................................................................... 9
5 . 0 Acceptable Media ................................................................................................................. 9
Appendix A - Archnfo Format Specifications ......................................................................... 10
Appendix B - Digital Submittal Check List ....................................................... 1 1 &12
Digital Submittal
Revised 04/14/2004
Page 1
1 .O Introduction
The City of Carlsbad maintains a Geographic Information System (GIS) for use by all City
Departments. Major components of the GIS are the parcel base map and the facilities map. To
improve the efficiency of map/facilities data collection and use in city operations, the City of
Carlsbad requires the submission of digital copies dmg with the required number of
hardcopies for the submittal of all Final Maps, Grading Plans, and Improvement Plans. Digital
copies of the approved Final Maps, Improvement and Grading Plans must be submitted along
with each submittal of those plans. These requirements do not affect in any way existing
requirements of other departments regarding maplplan processing. See Section 4 for details of
data file content and organization.
This specification shall be used for the digital submission of maps to the City of Carlsbad, and
will pertain to all Final Maps, Grading Plans, and Improvement Plans. Exceptions from these
requirements can be made with the express permission of the Deputy City Engineer for
Development Services.
For further information or clarification of this specification, contact:
GIS Manager or Engineering Department, Planning and Programs Division
City of Carlsbad
163 5 Faraday Avenue
Carlsbad CA 92008
(760) 602-2434 (GIS) or (760) 602-2760 (Engineering)
2.0 Format of Data for Digital Submittal
The acceptable formats for digital submittal of the data are:
AutoCAD Release 2000i (Autodesk) .DWG or DXF format
AutoCAD Release 2000 (Autodesk) .DWG or DXF format
AutoCAD Release 14 (Autodesk) .DWG or DXF format
AutoCAD Release 13 (Autodesk) .DWG or DXF format
ArcInfo version 7.x or later (ESRI) line coverage format
ArcInfo version 7.x or later (ESRI) .e00 export format.
ArcView (ESRI) shapefile format (.shp)
Digital Submittal
Revised 04/14/2004
Page 2
3.0 Basis of Bearings and Coordinate Reference
The basis of bearings and all coordinates of data submitted to the City must be in reference to
the California Coordinate System - 1983 Zone VI, 199 1.3 5 Epoch, North American Datum of
1983 (NAD83) based on ties to the City of Carlsbad Survey Control Network monuments as
published on Record of Survey Map No. 17271, filed in the office of the San Diego County
Recorder on February 8,2002. The coordinate ties in the digital submission must meet third
order accuracy from the control monuments to the project boundary. The project boundary will
be located in the California Coordinate System at a common tie point. All other coordinates ‘
and line work will be scaled to ground distances and be within 0.5 feet of the true
California Coordinate System values. For vertical control, the NGVD 29 datum is still in
effect.
NOTE: Use the “Xref’ AutoCAD command with “CBD-ROS-NAD83-Rl4.dwg” to verify
project site location (insert point (O,O,O).)
4.0 Data Layering Requirements
Final Maps, Parcel Maps - will consist of:
file(s) of the entire map submittal area;
layers description (digital file/ hard copy)
Improvement Plans - will consist of:
file(s) of the entire plan submittal area;
layers description (digital file/ hard copy)
Grading Plans - will consist of:
file(s) of the entire plan submittal area;
layers description (digital file/ hard copy)
Note:
The model space of the submitted drawings should contain the entire project (showing
property lines, improvements, etc.) and it should not be divided into sheets (used for
plotting purposes.)
The City of Carlsbad Standard layers are as described in the following tables: 4.1,4.2,4.3.
Digital submittals are to follow the City of Carlsbad layer format, or be accompanied by a
digital file or hardcopy describing layer name and symbol description.
Digital Submittal
Revised 04/14/2004
Page 3
Layer Name
ACREAGE
BASE
COORD cov
EASE
FLOOD
HATCH
LOTS
MON
POS
ROW
STCL
STREAM
STROW
THALWEG
Table 4. I Final Maps, Parcel Maps
Layer Contents
net acreage text
north arrow, location map, etc.
coordinate values & tic marks
cover sheet information
public/private easement lines
100 year flood lines and text
hatching & shading
lot lines, other property lines, and associated text
monumentation markers and associated text
procedure of survey lines and associated text
right-of-way easement lines and associated text
street centerline lines and associated text
streams
street right-of-way lines and associated text
watercourse thalwegs
Digital Submittal
Revised 0411 412004
Page 4
Table 4.2 lmprovement Plans
Layer Name
ACCESS
APN
BASE
COORD cov
CURB
EASE
EXGRDIDX
EXTGRADE
FINGRADE
FINGRDIDX
FLOOD
FLOW
FTPRINT
GRID
HATCH
INOUT
IRRCOND
IRRCONTR
IWIPE
LAND SCPLT
LANDSCTXT
LOTS
MEDIAN
MON
PERCENT
POS
PUBELECOH
PUBELECUG
PUBGAS
PUBHYDR
PUBTELE
PUBTV
PUBWATER
RAMP
RECWPROF
ROW
SEWERSYS
Digital Submittal
Revised 04/14/2004
Layer Contents
access covers (size, type, % grade)
assessor parcel number text
north arrow, location map, etc.
coordinate values & tic marks
cover sheet information
curbs, berms, sidewalks
publidprivate easement lines
existing grade index contours & text
existing grade contours and text
finished grade contours and text
finish grade index contours & text
100 year flood lines and associated text
swales, direction of flow
footprints of buildings
grid & grid numerical values for street & utility profiles
hatching & shading
inlets/outlets
irrigation conduit
irrigation controllers
irrigation pipe
landscape planting
landscape text
lot lines, other property lines, and associated text
medians
monumentation markers and associated text
percentages
procedure of survey text and associated text
public utilities - electrical: overhead
public utilities - electrical: underground
public utilities - gas distribution
public utilities - fire hydrants
public utilities - telephone boxes
public utilities - cable TV
public utilities - water supply
ramps
reclaimed water profile
right-of-way easement lines
sewer main and associated text
Page 5
SEWPROF
SPOTELEV
STCL
STLIGHT
STLTCOND
STOFWDRN
STPROF
STREAM
STRMPROF
STROW
STSIGN
STSTRIPE
THALWEG
TREE
TSIGCOND
TSIGN
TSIGNAL
TSIGNAL
WALKS
WATPROF
XTREE
sewer profile
spot elevations markers and text
street centerline lines and associated text
electroliers
street lighting conduits & junction boxes
culvert and storm drain profiles and associated text
street profile
streams
storm drain profile
street right of way lines and associated text
street name signs
traffic striping
watercourse thalwegs
trees (4” diameter or greater)
traffic signal conduit
regulatory & advisory signs
traffic signals
traffic signals and associated text
footprints of walks
water line profile
trees to be removed
Digital Submittal
Revised 04/14/2004
Page 6
Layer Name
ACCESS
APN
BASE
COORD cov
CURB
EASE
EXGRDIDX
EXTGRADE
FTNGRADE
FINGRDIDX
FLOOD
FLOW
FTPIUNT
HATCH
INOUT
LANDSCPLT
LAND SCTXT
LOTS
MEDIAN
PERCENT
POS
PUBGAS
PUBHYDR
PUBTELE
PUB WATER
RAMP
ROW
SEWERSYS
SPOTELEV
STCL
STORMDRN
STREAM
STROW
THALWEG
TREE
TSIGNAL
Digital Submittal
Revised 04/14/2004
Table 4.3 Grading Plans
Layer Contents
access covers (size, type, % grade)
assessor parcel number text
north arrow, location map, etc.
coordinate values & tic marks
cover sheet information
curbs, berms, sidewalks
public/private easement lines
existing grade index contours & text
existing grade contours and text
finished grade contours and text
finish grade index contours & text
100 year flood lines and text
swales, direction of flow
footprints of buildings
hatching & shading
inlets/outlets
landscape planting
landscape text
lot lines, other property lines, and associated text
medians
percentages
procedure of survey text and associated text
public utilities - gas distribution
public utilities - fire hydrants
public utilities - telephone boxes
public utilities - water supply
ramps
right-of-way easement lines and associated text
sewer main and associated text
spot elevations markers and text
street centerline lines and associated text
culvert and storm drain profiles and associated text
streams
street right-of-way lines and associated text
watercourse thalwegs
trees (4” diameter or greater)
traffic signals
Page 7
TSIGNAL
WALKS
XTREE
Digital Submittal
Revised 04/14/2004
Y
traffic signals and associated text
footprints of walks
trees to be removed
Page 8
5.0 Acceptable Media
The City will accept submissions of the required digital files on the following media:
PC-formatted 3%" DS, HD diskettes (1.44 MB capacity)
PC-formatted Compact Disks
The submitter will be responsible for archival of the digital data until final acceptance.
If possible do not archive (compress) the files
Please include all the necessary files on your submittal disk (i.e. XREF-ed files, fonts). (The
easiest way to accomplish this is by using the Pack'n Go feature from AutoCAD).
All media will be submitted with labels indicating the following information:
Project Name/Nurnber
Date
Company
Contact Nameflelephone Number/Email
File Names (see below forflle naming conventions)
6.0 File Naming Conventions
The files will be named according to the plan name with the extension .DXF for CAD-type
files, .e00 extension for ArcAnfo export files, and no extension for ArcAnfo coverages.
Examples:
Carlsbad Tract Map No. 98-93 CT9893 .DXF; CT9893.EOO;CT9893
Minor Subdivision 89-0 1 MS8901.DXF; MSS901.EOO; MS8901.
Improvement Plan 360-3B 1360-3B.DXF; 1360-3B.EOO; 1360-3B.
Grading Plan 360-3A G360-3A.DXF; G360-3A.EOO; G360-3A.
Digital Submittal
Revised 04/14/2004
Page 9
Appendix A - Archfo Format Specifications
Digital files submitted in Archfo format will have the following specifications:
Arc Processing
All arc intersections will contain a node, i.e. no intersection errors and no node errors;
arc topology will be in existence.
Arc Coding
Each coverages’ arc attribute table (.UT) will contain the item dxf-layer (40, 40, c).
All arcs in the coverage will be coded for dxf-layer using the layer names identified in
Tables 4.1 - 4.5. For example, from Table 4.1 all street centerlines will be coded for
dxf-layer = ‘CL’
Annotation
All text for each coverage will be contained in the annotation subclass anno.dxf, and
assigned the annotation levels indicated in Tables 4.1 - 4.5. For example, from Table
4.2, the text describing public easements will be contained in the subclass anno.dxf,
level = 3.
Digital Submittal
Revised 0411 412004 Page 10
Appendix B
Digital Submittal Check List
Format of Data for Digital Submittal (refer to 2.0)
0
0
0
0
(Autodesk) .DWG format. AutoCAD Release
(Autodesk) .DXF format. AutoCAD Release
ArcInfo version 8.x or later (ESRI) line coverage format
ArcInfo version 8.x or later (ESRI) .e00 export format
ArcView (ESRI) shape file format (.shp)
Basis of Bearings and Coordinate Reference (refer to 3.0)
Note: Not required for non-subdivision projects unless required by specific condition of project.
California Coordinate System, Zone VI (NAD83)
Data Layering Requirements (refer to 4.0)
Final Maps -will consist of:
file(s) of the entire map submittal area;
layers description filersheet (see sample- Table 4.1).
0
0
Improvement Plans - will consist of:
file(s) of the entire plan submittal area;
layers description filehheet (see sample- Table 4.2).
Grading Plans - will consist of
file(s) of the entire plan submittal area;
layers description filekheet (see sample- Table 4.3). 0
Media Information (refer to 5.0)
0 DrawingNo:
0 Project Name/No.:
Date : 0 MediaType /I
0 Company:
0 ContactName
0 TelephoneNo.:( )- -
0 Email address:
Submittal No.
Digital Submittal
Revised 04/14/2004 Page 11
Digital Files Submitted (refer to 6.0)
Carlsbad Tract Map
0 Minor Subdivision
0 Improvement Plan
0 Grading Plan
0 Other
Note: The Digital Submittal Checklist must be turned in along with the digital drawing to
complete the submittal process.
Digital Submittal
Revised 04/14/2004
Page 12