Loading...
HomeMy WebLinkAbout2005-08-16; City Council; 18250; Coastal Rail Trail Engineering/Environmental Svcs4B# 18,250 ATG. aiwo5 11 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. I 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 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. Yl 71 Yl 71 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 City Attorney Approved DBE Version #04.16.02 1 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. City Attorney Approved DBE Version #04.16.02 2 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. City Attorney Approved DBE Version #04.16.02 3 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. City Attorney Approved DBE Version #04.16.02 4 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. City Attorney Approved DBE Version #04.16.02 5 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. City Attorney Approved DBE Version #04.16.02 6 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 City Attorney Approved DBE Version #04.16.02 7 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. City Attorney Approved DBE Version #04.16.02 8 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. City Attorney Approved DEE Version #04.16.02 9 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