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HomeMy WebLinkAbout2011-06-07; City Council; 20571; AGREEMENT SIMON WONGCITY OF CARLSBAD - AGENDA BILL AB# 20,571 MTG. 06/07/11 DEPT. TRANS APPROVE THE AGREEMENT WITH SIMON WONG ENGINEERING TO PROVIDE PROFESSIONAL SERVICES FOR PRELIMINARY ENGINEERING FOR THE BRIDGE RAILING IMPROVEMENTS PROJECT NO. 6016 DEPT. HEAD^ / CITY ATTY. JJ CITY MGR. (jt X <. > RECOMMENDED ACTION: Adopt Resolution No. 2011-119 to approve an agreement with Simon Wong Engineering for Bridge Railing Improvements, Project No. 6016. ITEM EXPLANATION: Bridge railing improvements are needed for the bridge originally constructed in 1925, located approximately half-mile north of Carlsbad Village Drive on Carlsbad Boulevard over the San Diego Northern Railroad (SDNR). On August 18, 2009, Resolution No. 2009-222 was adopted approving Amendment No. 1 to the Carlsbad Transnet Local Street Improvement Program of Projects for Fiscal Years 2009 through 2013. Amending the City of Carlsbad Program of Projects will enable the City to access Federal, State and Regional funds as programmed in the Capital Improvement Program adopted on June 16, 2009. On May 13, 2010, Federal Highway Administration (FHWA) authorized, via Caltrans Local Assistance, funds for preliminary engineering for bridge rail improvements for the bridge located on Carlsbad Boulevard over the SDNR. On June 17, 2010, a Request for Proposals was issued for engineering services to improve the bridge railing over the SDNR. On August 6, 2010, out of thirty interested consultants only one bid was submitted. Discussions with Caltrans Local Assistance resulted in accepting Simon Wong Engineering, since other consultants were made aware of the opportunity and did not pursue the project. After negotiating the fee, the Engineer's Estimate for preparation of construction plans, permits, specifications, and estimates for bidding purposes is $160,912. Based on a review of the bids submitted, staff recommends awarding preliminary design engineering contract to Simon Wong Engineering, in the amount of $160,912. DEPARTMENT CONTACT: John Maashoff, 760-802-7807john.maashoff@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 ENVIRONMENTAL IMPACT: The project is exempt from California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d) - Existing Facilities - restoration or rehabilitation of existing facilities that are deteriorated or damaged and are required to meet current standards of public health and safety involving negligible or no expansion of use. FISCAL IMPACT: City staff has requested authorization for $246,250 in funding from Caltrans for preliminary engineering for the bridge railing improvements outlined in Table 1. A total of $218,005 (88.53%) is eligible for reimbursement, via Federal funds provided through Caltrans. The remaining amount will be funded via local match funds (TransNet-Local) and totals $28,245 (11.47%). After fee negotiations, Simon Wong estimated a preliminary engineering total of $160,912. Thus, the federal portion totals $142,455 and the local match requirement totals $18,457. TABLE 1 - BRIDGE RAIL IMPROVEMENTS, PROJECT NO. 6016 - SDNR TASK DESCRIPTION Preliminary Engineering (Simon Wong) Authorized by Caltrans ESTIMATED COST $160,912 $246,250 FEDERAL COST $142,455 $218,005 LOCAL MATCH $18,457 $28,245 The table below shows the current status of the project: TABLE 2 - BRIDGE RAIL IMPROVEMENTS, PROJECT NO. 6016 - SDNR TASK DESCRIPTION Design TOTAL APPROPRIATION $246,250 $246,250 EXPENDITURES/ ENCUMBRANCES $26,369 $26,369 REMAINING BALANCES $219,881 $219,881 Sufficient Federal funds and TransNet-Local funds are available for this request. EXHIBITS: 1. Project Location Map 2. Resolution No. 2011-119 approve the agreement with Simon Wong Engineering to provide professional services for preliminary engineering for the bridge railing improvements of Project No. 6016. 3. Agreement for Professional Engineering Services, Simon Wong Engineering, Inc. ^ CITY OF CARLSBAD BRIDGE RAILING IMPROVEMENTS EXHIBIT 1 - CIP Project No. 6016 PROJECT LOCATION MAP: BUENA VISTA LAGOON CITY OF CITY OF PROJECT\ SITE CITY OF CARLSBAD Transportation Department 3 A. 1 RESOLUTION NO. 2011-119 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE THE AGREEMENT WITH SIMON WONG ENGINEERING TO PROVIDE 4 PROFESSIONAL SERVICES FOR PRELIMINARY ENGINEERING FOR THE BRIDGE RAILING IMPROVEMENTS 5 OF PROJECT NO. 6016. 6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is 7 necessary and in the public interest to improve the bridge railing on Carlsbad Boulevard over the San Diego Northern Railroad; and WHEREAS, a request of funding authorization in the amount of $246,250 was approved by CalTrans for Preliminary Engineering; and WHEREAS; the amount programmed for the Federal portion of the project totals 11 $218,005, or 88.53%; and 12 WHEREAS; the amount programmed for the local match portion totals $28,245, or 13 11.47%, and will be provided through TransNet-Local funds; and WHEREAS, Simon Wong will provide professional services estimated at $160,912 for the preliminary engineering of the Bridge Railing Improvement, Project No. 6016 which will be paid 16 for using a combination of Federal funds and local match funds; 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 13 California, as follows: ,. g 1. That the above recitations are true and correct. 2. That $246,250 is programmed towards the Bridge Railing Improvement, Project No. 6016. 21 3. That there are sufficient Federal funds and TransNet-Local funds available for 22 this request. 23 4. That a consultant agreement with Simon Wong Engineering, for engineering 24 services for Bridge Railing Improvements for Project No. 6016, as described in the attached agreement, is hereby approved and the Mayor is herby authorized and directed to execute said 26 agreement. 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of June 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. LORRAINE M. WOOD, City Clerk (SEAL) TRAN816 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS (SIMON WONG ENGINEERING) THIS AGREEMENT is made and entered into as of the * _ day of 2011, by and between the CITY OF CARLSBAD, a municipal_ corpration ("City"), and SIMON WONG ENGINEERING, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a Civil Engineering consultant that is experienced in structural engineering and bridge railing improvements. B. Contractor has the necessary experience in providing professional services and advice related to bridge railing improvements, located on Carlsbad Boulevard over the San Diego Northern Railroad. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A" referencing the Simon Wong Proposal dated August 6, 2010, 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 will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1 ) additional one (1) year periods or parts thereof in an amount not to exceed one hundred sixty thousand nine hundred twelve dollars ($160,912) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred sixty thousand nine hundred twelve dollars ($160,912). 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". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved DBE Version #05.06.08 1 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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-:VN" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages 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 Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved DBE Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. 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 Providing 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 Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 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 City Attorney Approved DBE Version #05.06.08 4 transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City:For Contractor: Name Brandon Miles Department Transportation Address 1635 Faraday Avenue Carlsbad. CA 92008 Phone No. 760.602.2745 Name Mark Creveling Title Vice President Address 9968 Hibert Street, Suite 202 San Diego. CA92131 Phone No. 858.533.3113 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 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 City Attorney Approved DBE Version #05.06.08 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 SUBCONTRACTOR/DBE PARTICIPATION 19.1 Subcontractors Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. 19.2 Disadvantaged Business Enterprise (DBE) Participation This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. City Attorney Approved DBE Version #05.06.08 6 K If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by committing UDBE participation or document a good faith effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian-Pacific Americans, or Women. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 19.3 Performance of DBE Consultant and other DBE Subconsultants/Suppliers A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. City Attorney Approved DBE Version #05.06.08 19.4 Prompt Payment of Funds Withheld to Subcontractors No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 19.5 DBE Records The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant'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 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors" is submitted to the Contract Manager. 19.5.1.1 Prior to the fifteenth of each month, the Consultant shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Consultant shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the Consultant may count only the fee or commission the DBE receives as a result of the lease arrangement. City Attorney Approved DBE Version #05.06.08 8 19.5.1.2 The Consultant shall also submit to the Agency's Contract Manager documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans' Monthly DBE Trucking Verification. CEM-2404(F) form provided to the Consultant by the Agency's Contract Manager. 19.6 DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days Materials or supplies purchased from DBEs will count towards DBE credit, and if a DBE is also a UDBE, purchases will count towards the UDBE goal under the following conditions: If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this section. 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 required on the job site, provided the City Attorney Approved DBE Version #05.06.08 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by 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 City Attorney Approved DBE Version #05.06.08 10 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. 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. City Attorney Approved DBE Version #05.06.08 11 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SIMON WONG ENGINEERING, a California corporator CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor Vice (print name/title) ATTEST: (e-mail addres ORR'AINE M. WOOD city (print name/title) J f-A-ti(-i~(in (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 B. 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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: ' D^p'uTy'City'Altorne 12 City Attorney Approved DBE Version #05.06.08 ALL-PURPOSE ACKNOWLEDGMENT State of California County of On SS. -"T" ' I - 3 I I ', before me, l£tV( UP^fe?^ U ^\f fcc(?U^ , personally appeared Mt3/ K- (jfbfvJ^^ &^ \J&W^ VfL JT , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.TERRI LYNN LONDON COMM.tf 1894536 M NOTARY PUeUC-CALIFORNIA VISAN DIEGO County ~MY COMM. Exf. JULY 3,2014 ? WITNESS my ha /NOTARY'S SIGNATURE PLACENOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. TITLE(S) CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER ^ PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR IYPE OF DOCUMENT f t-ipf^-ji^t-iG^ i C^^n^r-^r"I /r NUMBER OF PAGES DATE OF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER APA 01/2008 NOTARYBONDS, SUPPLIES AND FORMS ATHTTPV/WWW.VALLEY-SIERRA.COM ©2005-2008 VALLEY-SIERRA INSURANCE 'II. EXHIBIT "A1 9968 Hibert Street, 2nd Floor San Diego, CA 92131 May 05, 2011 CARLSBAD BOULEVARD OVERHEAD BRIDGE RAILING IMPROVEMENTS STAGE PROJECT MANAGEMENT INVESTIGATION ENGINEERING SERVICES PERMITTING AND PROCESSING PREPARATION OF SPECIFICATIONS AND ESTIMATES DIRECT COSTS SUBTOTAL PM & DESIGN SWE $ 14,190 $ 7,728 $ 32,148 $ 13,375 $ 15,941 $ 1,250 $ 84,633 CIVIL RBF $ 1,964 $ 3,113 $ 12,004 $ $ 3,573 $ 20,654 ENVIRONMENTAL HON* $ 2,200 $ $ 1,600 $ 6,800 $ 1,800 $ 225 $ 12,625 Phase 1 ISA Allied Geotech* $ 5,500 $ 5,500 TOTAL SUB CONSULTANT FEES $ 4,164 $ 8,613 $ 13,604 $ 6,800 $ 5,373 $ 225 $ 38,779 TOTAL $ 18,354 $ 16,341 $ 45,752 $ 20,175 $ 21,314 $ 1 ,475 $ 123,412 The fees listed above are based on the following assumptions: 1. Environmental Documents will be prepared by the City of Carlsbad 2. No environmental studies are anticipated 3. No structural repairs are necessary on the bridge, corrosion patching is included 4. Water Pollution Control Plans, Precise Grading, or Utility Plans are not necessary 5. Storm Water Data Report and Traffic Technical Memo are not necessary 6. Services during bidding and construction are not included 7. City to provide Railroad (RR) coordination and Right-of-Entry (ROE) 8. City to obtain all permits and coordinate with Homeland Security 9. City to pay all permit, processing, MOU and ROE fees 10. City to provide all Caltrans coordination 11. Bridge seismic and structural capacity evaluations are not included Total •Anticipated UDBE Participation 14.69% Optional Services 123,412 STAGE BIDDING AND CONSTRUCTION SUPPORT SERVICES CALTRANS COORDINATION RR COORDINATION & ROE SUBTOTAL OPTIONAL SERVICES TOTAL $ 15,000 $ 15,000 $ 7,500 $ 37,500 [TOTAL BASE AND OPTIONAL SERVICES 160,912 flbMm Wong Engineering 9968 Hibert Street, 2nd Floor San Diego, CA 92131 May 05, 2011 TASK ANALYSIS COST SUMMARY PER FIRM FIRM NAME Simon Wong Engineering RBF Hon Consulting Helix Environmental TOTAL 1.00 1.10 1.20 1.30 1.40 1.50 1.60 Project Management Project Management & Administration Kick-Off Meeting Team Meetings Monthly Status Reports Meeting Minutes Schedule TASK 1.00 SUBTOTAL 2.00 2.10 2.20 2.30 2.40 3.00 3.10 3.20 3.30 3.40 3.50 3.60 3.70 3.80 4.00 Investigation Survey Horizontal and Vertical Control Right-of-Way Mapping Final Design Survey Utility Record Search and Documentation Structure Investigation Carlsbad Boulevard Overhead Existing Utilities Structural Investigation Prepare Barrier Design Report Initial Site Assessment SUBTOTAL TASK 2.00 Engineering Services 50% - Plans Prepare or revise the following sheets: Title Sheet Key Map/Line Index Sheet Layout Sheets Construction Detail Sheets Utility Sheets Structure Design - 50% Bridge Plans Carlsbad Boulevard Overhead, 50% Plans 90% - Plans Summarize review comments to the 50% Prepare or revise the following sheets: Typical Cross Section Sheets Key Map/Line Index Sheet Layout Sheets Construction Detail Sheets 90% Structure Design Carlsbad Boulevard Overhead, 90% Plans 100% -Plans Summarize review comments to the 90% Prepare or revise the following sheets: Typical Cross Section Sheets Key Map/Line Index Sheet Layout Sheets Construction Detail Sheets 1 00% Structure Design Carlsbad Boulevard Overhead, 100% Plans Final Storm Water Data Report Final Traffic Technical Memo SUBTOTAL TASK 3.00 Permitting and Processing $ 2,999.04 $ 1,563.20 $ 6,125.44 $ 875.52 $ 1,751.04 $ 875.52 $ 14,189.76 $ $ 499.84 $ 293.50 $ 293.50 $ 293.50 $ 774.84 $ $ 499.84 $ 187.84 $ 2,056.64 $ 2,828.72 $ $ 7,728.22 $ $ 1,999.36 $ $ 587.00 $ $ $ $ 1,549.68 $ 1,999.36 $ 9,251.12 $ 999.68 $ 751.36 $ $ $ $ $ $ 999.68 $ 7,161.40 $ 999.68 $ 751.36 $ $ $ $ $ $ 999.68 $ 3,099.36 $ 499.84 $ 499.84 $ 32,148.40 $ 11,000.00 $ $ 686.00 $ 1,278.00 $ $ $ $ 1,964.00 $ $ $ 490.00 $ 766.00 $ 961.00 $ 276.00 $ $ $ 620.00 $ $ $ $ 3,113.00 $ $ 780.00 $ $ $ 472.00 $ 2,184.00 $ 2,952.00 $ $ $ $ 780.00 $ 592.00 $ $ 620.00 $ 118.00 $ 768.00 $ 768.00 $ $ $ 390.00 $ 296.00 $ $ 310.00 $ 118.00 $ 546.00 $ 310.00 $ $ $ $ $ 12,004.00 $ $ 400.00 $ 400.00 $ 1,200.00 $ 100.00 $ $ 100.00 $ 2,200.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 800.00 $ $ $ $ $ $ $ $ $ 800.00 $ $ $ $ 1,600.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,399.04 $ 2,649.20 $ 8,603.44 $ 975.52 $ 1,751.04 $ 975.52 $ 18,353.76 $ $ 499.84 $ 783.50 $ 1,059.50 $ 1,254.50 $ 1,050.84 $ $ 499.84 $ 807.84 $ 2,056.64 $ 2,828.72 $ 5,500.00 $ 16,341.22 $ $ 2,779.36 $ $ 587.00 $ 472.00 $ 2,184.00 $ 2,952.00 $ 1,549.68 $ 1,999.36 $ 9,251.12 $ 1,779.68 $ 1,343.36 $ $ 620.00 $ 118.00 $ 768.00 $ 768.00 $ 1,799.68 $ 7,161.40 $ 1,389.68 $ 1,047.36 $ $ 310.00 $ 118.00 $ 546.00 $ 310.00 $ 1,799.68 $ 3,099.36 $ 499.84 $ 499.84 $ 45,752.40 $ 11,000.00 1 of 2 9968 Hibert Street, 2nd Floor San Diego, CA92131 May 05, 2011 4.10 4.20 4.30 4.40 4.50 5.00 5.10 5.20 5.30 Field Review Meeting and EIA and PES forms Permitting Agency Initial Coordination Environmental Documentation (CE/CE) Environmental Permitting Coastal Development Permits SUBTOTAL TASK 4.00 Preparation of Specifications and Estimates 50% - Submittal Outline of Specifications Identify changes to Cities technical Specs List of expected bid items 90% - Submittal Complete Set of Specifications Engineers Estimate of Probable Cost 100% -Submittal Address Cities comments on 90% submittal Revised specifications Revised Engineers Estimate of Probable Cost SUBTOTAL TASK 5.00 TASK 1.00- 5.00 SUBTOTAL Direct Costs TOTALS $ 875.52 $ $ 499.84 $ 499.84 $ 499.84 $ 13,375.04 $ $ 999.68 $ 375.68 $ 751.36 $ 375.68 $ 999.68 $ 2,780.96 $ 2,501.20 $ 1,999.36 $ 1,577.52 $ 2,165.72 $ 1,414.36 $ 15,941.20 $ 69,192.86 $ 1,250.00 $ 84,632.62 $ $ $ $ $ $ $ $ $ 148.00 $ 592.00 $ 592.00 $ $ 787.00 $ 815.00 $ $ 195.00 $ 296.00 $ 148.00 $ 3,573.00 $ 18,690.00 $ $ 20,654.00 $ 3,200.00 $ 2,000.00 $ 800.00 $ $ 800.00 $ 6,800.00 $ $ 600.00 $ $ $ $ 600.00 $ $ $ $ 600.00 $ $ $ 1,800.00 $ 10,200.00 $ 225.00 $ 12,625.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,075.52 $ 2,000.00 $ 1,299.84 $ 499.84 $ 1,299.84 $ 20,175.04 $ $ 1,599.68 $ 523.68 $ 1,343.36 $ 967.68 $ 1,599.68 $ 3,567.96 $ 3,316.20 $ 1,999.36 $ 2,372.52 $ 2,461.72 $ 1,562.36 $ 21,314.20 $ 103,582.86 $ 1,475.00 $ 123,411.62 2 of 2 2