HomeMy WebLinkAbout2000-05-16; City Council; 15740; Coastal Rail Trail- . .
CI’I f OF CARLSBAD - AGENDA FILL ’ ”
4B# I\? 740 TITLE:
COASTAL RAIL TRAIL
IIITG. 5/l 6/00 APPROVAL OF CONSULTANT AGREEMENT WITH
DEPT. ENG TRANSTECH ENGINEERS, INC.
RECOMMENDED ACTION:
Adopt Resolution No. m-/5/ authorizing the Mayor to execute a consultant agreement with
Transtech Engineers, Inc., for the continued development of the Coastal Rail Trail project.
ITEM EXPLANATION:
The Coastal Rail Trail project is envisioned as a multi-purpose, non-motorized path for both bicycle
and pedestrian users within the San Diego Northern Railway (SDNR) right-of-way between the
Oceanside Transit Station and the Santa Fe Depot in downtown San Diego - a distance of
approximately 44 miles. On February 13, 1996, the City of Carlsbad, acting as lead agency for the
six north county coastal cities, approved a consultant agreement with Transtech Engineers, Inc., for
the development of a comprehensive feasibility study and the preparation of preliminary design
plans for the development of the Coastal Rail Trail.
Since the proposed path is located within an active railway corridor and is regional in nature as it
traverses through six north county coastal cities and a federal reserve (Marine Air Station, Miramar), a number of unanticipated issues arose and required extensive additional studies. In
order to complete the necessary analyses, the following is a summary of contract amendments
which have been executed between the City and Transtech Engineers, Inc., to produce a detailed
Project Study Report (PSR) in accordance with Caltrans guidelines:
1. The initial agreement, dated February 13, 1996 with Transtech Engineers, Inc., identified a
scope of work for the preparation of a feasibility report and preliminary design plans for the
Coastal Rail Trail project. This agreement expired on February 13, 1999.
2. Amendment No. 1 to agreement dated April 1, 1996 included missing language relating to Disadvantaged Business Enterprises (DBE’s) as required by Caltrans for federally funded
projects.
3. Contract Extension and Amendment No. 2 dated June 23, 1997 identified a scope of work for the preparation of the Environmental Assessment/Initial Study documents and ongoing project
management for the Coastal Rail Trail project.
4. Ratification of Extension and Amendment No. 3 dated May 19, 1998 with Transtech Engineers,
Inc., identified a scope of work which provided for additional archaeological surveys required
by Caltrans and ongoing project management beyond the previous contract obligations.
The Project Study Report and design plans are complete and the final alignment issues have been
resolved with the associated cities along the corridor. However, since the project is utilizing federal funding, the final study report must also comply not only with the provisions of the California
Environmental Quality Act (CEQA), but also with the National Environmental Policy Act (NEPA)
process.
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Page 2 of Agenda Bill No. I 3 -/ 740
During the past year, the consultant was directed to conduct additional studies to comply with
requirements requested by Caltrans in order to complete the federal NEPA document. During the
review by the appropriate resource and regulatory agencies, various revisions were required in
order to complete the forms based on federal guidelines. These documents were completed in
October of 1999.
In November of 1999, staff and the consultant met to evaluate the status of the contracts, identify
completed and pending work tasks, and negotiate compensation for the additional work efforts.
Based on this review and a comparison of billing rates for the requested duties, staff is
recommending that the consultant, Transtech Engineers, Inc., be compensated for the additional
tasks. The attached consultant agreement, if approved by Council, would ratify compensation of
the consultant for all work performed after the expiration of the initial contract and includes payment
in full for all services rendered by the consultant.
FISCAL IMPACT:
In 1995, the Council approved a Supplemental Agreement with Caltrans allowing the use of
$960,000 in ISTEA funds for the Feasibility Phase of the Coastal Rail Trail project. The City was
specifically granted $768,000 in Congestion Mitigation/Air Quality (CMAQ) funds with the state
providing the 20% match with $192,000 in State Transportation Management System (TSM) funds.
The original contract amount for the feasibility phase was established at $518,885. Amendment No. 1 included provisions for compliance with the Disadvantage Business Enterprises (DBE)
requirements and had no increased cost implications. Amendment No. 2 will be completed at a cost
not to exceed $125,000. The costs to accomplish the tasks of Amendment No. 3 was established at
$78,680. Therefore, total project commitments to date equals a total of $722,565.
This final contract provides for the completion of the obligations for the development of the Project
Study Report for this project. The original objective of the first allocation of ISTEA funds ($960,000)
was the completion of a document that identifies and evaluates the numerous impacts of providing
a non-motorized pedestrian path within an active railway corridor. With the approval of the consultant agreement in the amount of $116,084.50, the total contract obligation with Transtech
Engineering, Inc., will be $819,762.74
EXHIBITS:
1. Resolution No. a@ -151 au th orizing the Mayor to execute a consultant agreement with
Transtech Engineers, Inc., for the continued development of the Coastal Rail Trail Project.
2. Agreement for the preparation of a feasibility report and preliminary design plans for the
Coastal Rail Trail project.
3. Initial agreement dated February 13, 1996 with Transtech Engineers, Inc.
4. Final Invoice.
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RESOLUTION NO. zcoo-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A CONSULTANT AGREEMENT WITH TRANSTECH
ENGINEERS, INC., FOR THE CONTINUED DEVELOPMENT OF THE
COASTAL RAIL TRAIL PROJECT.
WHEREAS, the City of Carlsbad has been designated as the lead agency coordinating
the efforts to develop a comprehensive Project Study Report and preliminary design plans for the
Coastal Rail Trail project; and
WHEREAS, the City of Carlsbad entered into a Supplemental Agreement with
CALTRANS authorizing the use of $960,000 in Intermodal Surface Transportation Efficiency Act
(ISTEA) funds for the development of the Coastal Rail Trail project; and
WHEREAS,. an initial agreement, dated February 13, 1996 with Transtech Engineers,
Inc., identified a scope of work for the preparation of a feasibility report and preliminary design
plans for the Coastal Rail Trail project; and
WHEREAS, the initial agreement expired on February 13, 1999; and
WHEREAS, in pursuit of the completion of the remaining tasks for the development of the
Project Study Report, preliminary design plans, and the preparation of the CEQA and NEPA
documents, the contractor continued to work on the needed services; and
WHEREAS, the City and Contractor desire to execute an agreement covering this
additional work and the City Council desires to ratify the retroactive agreement for services
provided to complete the Project Study Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. The new agreement dated May 19, zoooand ending on May 13, 2000 is hereby
approved to be effective retroactive to the commencement date of the agreement.
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3. That the Mayor is hereby authorized to execute the consultant agreement with
1 Transtech Engineers, Inc., for the continued development of the Coastal Rail Trail project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 16th day of May ,200O by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ATTEST:
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AGREEMENT FOR THE
PREPARATION OF A PROJECT STUDY REPORT AND
PRELIMINARY DESIGN PLANS FOR THE COASTAL RAIL TRAIL
PROJECT WITH TRANSTECH ENGINEERING, INC.
PROJECT NO. 3455
THIS AGREEMENT entered into the 19th day of
May , 2000, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City” and Transtech Engineering, Inc., hereinafter
referred to as “Contractor” is for the completion of the Project Study Report and preliminary
design plans for the Coastal Rail Trail project.
RECITALS
City requires the services of Transtech Engineers Inc. to provide the necessary
Engineering, Environmental and Planning services for the preparation of a Project Study Report
and preliminary design plans for the Coastal Rail Trail Project; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
The initial agreement, dated February 13, 1996 between the City and Contractor
identified a scope of work to provide the necessary Engineering, Environmental and Planning
services for preparation of a Project Study Report and preliminary design plans for the Coastal
Rail Trail Project. This contract covers additional tasks and required environmental studies to
complete the California Environmental Quality Act and National Environmental Policy Act
documents pursuant to the guidelines established by Caltrans.
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rev. 12128199
2. FEES TO BE PAID TO CONTRACTOR
The City and Contractor agree that the total fee payable for the above contracted
services totals the amount of $819,762.74. Previously paid invoices of $703,678.24 have been
transmitted to Transtech Engineers representing completed tasks. The remaining sum of
$116,084.50 will complete the remaining tasks as outlined in previously executed agreements
and subsequent amendments. This project shall therefore be deemed completed and no further
work is authorized. The City will not process further invoices for this project.
3. DURATION OF AGREEMENT
The term of this agreement shall be for 15 months ending on May 13, 2000.
4. TERMS OF AGREEMENT
This agreement shall be on the same terms and conditions as the initial agreement
dated February 13, 1996 and any amendments thereto with Transtech Engineers, Inc. All other
provisions of the aforementioned agreement entered into on February 13, 1996 including
Amendment Nos. 2, 3 and 4, by and between City and Contractor shall remain in full force and
effect.
5. INSURANCE REQUIREMENTS
All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement and any amendments thereto shall be extended to include coverage for the
extension period.
6. RETROACTIVE AGREEMENT
It is agreed that all terms of this agreement are retroactive to February 14, 1999, the
date work began, and that the work performed prior to the execution of this agreement is
rev. 12/28/99
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1.
hereby ratified. The Contractor agrees to provide insurance as specified in this agreement,
including coverage for work already performed by the Contractor beginning February 14, 1999.
Acknowledged and Accepted:
Executed by Contractor this 5th day of May ,200o .
CONTRACTOR:
TRANSTECH ENGINEERS, INC.
AL1 CAYIR, PRESIDENT ATTEST: (print name/t’ e)
BYI-1 6igiL h* - R INE M. WOOD
i:WBIL CAYIR,TREASURER-SECRETARY City lerk
(print name/title) d D&E 1
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
rev. 12/28/99
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
425 /$?A%$-~~ County of >
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On MAY =i~ soa0 , before me, ZKQ.. HU%E-XZ date I Name and Tile of Officer (e.g., “Jane Doe. Notary Public”)
personally appeared /?L/ @fy y/p
Name(s) of Signer(s)
# personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personfSI whose name&+-) i.s/aFe
COMM. # 1202SSa
NOTARY PUSIJC, CALFOWA
IDS ANOELES COUNTY *
subscribed to the within instrument and
acknowledged to me that he/%&@ executed
the same in his/ber/th?$ authorized
capacity&s),
d
and that by his/bef/t&Sr
signature on the instrument the person(df:or
the entity upon behalf of which the person&‘)
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: j%$%eB& pp (7oA57AL H&/L y%?+? / c
1
Document Date: Number of Pages: -3
Signer(s) Other Than Named Above:
Capacity(ies)
Signer’s Name:
0 Individual
Izff Corporate Officer - Title(s): ,!?/mB@ 7
0 Partner - Cl Limited q General
0 Attorney in Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: 7ivvum@H #&/NE&X SW@/
0 1997 National Notary Assatation * 9350 De Soto Ave., P.O. Box 2402 . Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
State of California
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On flfl Y z docks, , before rne,sA,I/fl /?/&@%z A?Gm/?y /&%#c
/Date Name and Title of Dfftce/(e.g.. ‘Jane Doe, Notary Public”)
personally appeared c-4 yl/ R , Name(s) of Signer(s)
J%$ersonally known to me
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to be the person.@) whose name(a) is/&
subscribed to the within instrument and
acknowledged to me thatkelsheltbey executed
the same in tMher/tbe# authorized
capacity(i&j, and that by taklher/tbeir
signature@) on the instrument the personCd/:or
the entity upon behalf of which the person@+
the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documeni
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &&#%E%#~ H @omfi L /f’A/d mH/ L
Document Date: - Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Clged b;pner
Signer’s Name: VI3 dw Y/H
0 Individual
9 Corporate Officer - Title(s): p’mfi&--s - s01@&7/?flY
‘0 Partner - 17 Limited q General
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Signer Is Representing: 7%/dT@?# d&&m 7,. m(?,
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0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free 1-600-876.6627
Exhibit 3
AGREEMENT FOR
ENGINEERING, ENVIRONMENTAL AND PLANNING SERVICES FOR
PREPARATlON OF A FEASIBILITY STUDY AND PRELIMINARY DESIGN PLANS
FOR THE COASTAL RAIL TRAIL PROJECT
THIS AGREEMENT, made and entered into as of the I ?@day of & R. , 19x,
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
‘City”, and TRANSTECH ENGINEERS, INC., hereinafter referred to as “Contractor.”
RECITALS
City requires the services of TRANSTECH ENGINEERS, INC., to provide the necessary
Engineering, Environmental and Planning services for preparation of a Feasibility Study and
preliminary design plans for the Coastal Rail Trail Project; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLlGATlONS
Prepare and submit a written preliminary design report investigating the feasibility of
constructing a Class 1 Bikeway from San Diego to Oceanside. The bikeway is envisioned to lie
within the existing San Diego Northern Railway railroad right-of-way that extends from the Santa
Fe Train Depot in downtown San Diego to the Oceanside Transit Center, a distance of
approximately 42 miles. The bikeway would be intended primarily for commuter bicycle trips but
is also expected to be utilized by recreational bicyclists, pedestrians and other types of
non-vehicular travel. Minimum design criieria are to be based on Chapter 1000 of Caltrans
Highway Design Manual.
rev.1 o/l 6fQ5
SCOPE OF WORK
The scope of work for the Design Feasibility Study includes the tasks set forth below:
A. Conduct an inventory of existing and proposed uses for the existing rail
right-of-way by contacting the following:
1. San Diego Northern Railway (SDNR).
2. Metropolitan Transit Development Board (MTDB).
3. The Cities of San Diego, Del Mar, Solana Beach, Encinitas, Carlsbad and
Oceanside.
4. Other agencies as may be necessary (i.e., AMTRAK, Caltrans, Santa Fe
Railway, State Parks & Recreation Department, etc.)
B. Conduct a field review of the rail right-of-way and possible alternative bikeway
routes to include:
1. Identification of physical constraints/opportunities.
2. Identification of environmental constraints.
3. Surface street constraints/opportunities to be used in conjunction with the
bikeway.
C. Prepare a report to include, but not limited to:
1. Development of alternative alignments.
2. Engineering analysis of recommended alignment for the bikeway.
3. Engineering analysis of alternative bikeway routes.
4. Develop and identify construction phasing options.
5. Design standards.
I 6. Design constraints.
7. Consideration of lateral crossings to interface with local pedestrian and
bicycle trails.
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8. Environmental assessment of recommended bikeway alignment and
alternative (not an EIR).
9.
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14.
Potential mitigation provisions for environmental constraints.
Relationship of bikeway to rail and passenger stations.
Safety and securii considerations.
Landscaping and irrigation concept.
Maintenance and operation issues.
Right-of-way leasing or joint use agreements including, but not limited to:
15.
16.
t costs Process
it.
Conflicts with existing leases
Liability considerations
e. Feasibility
Acquisition of easements or property.
Investigate and identify multi-agency liability issues along the entire trail corridor and present possible solutions.
17. Cost estimate for recommended bikeway alignment and alternatives.
18.
a. By phases b. Summary
Identify and document the following:
a. All agencies to be consulted and all permits needed prior to
construction.
b. Consult with regulatory agencies to determine potential permit
conditions and requirements.
C. Caltrans requirement for processing construction plans,
specifications and estimates.
d.
8.
Potential funding sources and process steps to obtain the funding.
Pending legislation and/or policies that may impact the proposed
project.
19. Develop recommendations related to liability issues, enforcement, insurance,
maintenance, etc., for pedestrian/rail crossings based on judicial proceedings and
relative State and Federal laws.
rev. 1 O/l 6/9!5
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D. Prepare a set of plans on ‘D” sized sheets (24” x 36”) showing the recommended
bikeway route and alternatives. The plans should include, but not be limited to:
1.
2.
3.
4.
5.
6.
7.
8.
Plan view of proposed bikeway alignment and alternative alignments
shown on ortho photo mylars at a scale not less than 1’=200’. Profiles are
to be included where necessary or appropriate for clariiy. Photo shall be
within the last one (1) year.
Existing railroad right-of-way, existing lease conflicts and any proposed
easements or acquisitions.
Typical design cross-sections for the different terrain areas expected to be
encountered.
Affected private property boundaries, with assessor parcel numbers and
ownership information.
Details of street crossings, rail crossings and pedestrian crossings.
Utility locations affected.
Existing easements affected.
Preliminary details of design features to include:
a.
b.
C.
d.
e.
f.
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h.
i.
i.
k.
Bridges.
Required storm drain facilities.
Extent of grading requirements, including any retaining structures.
New utilities proposed to be constructed in conjunction with the
bikeway.
Relocations of existing utilities.
Proposed phases for construction.
Recommended signage.
Proposed barriers.
Landscaping and irrigation concept.
Bicycle trail interface with rail and passenger stations.
Lighting, as necessary.
rev.l0/16/95
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E. The consuttant should anticipate, but not be limited to, the following meetings.
1. Meetings with Coastal Rail/Trail Committee.
2. Kick-off meeting.
3. Issue resolution meetings (exoept two each) with each affected City, SDNR
and MTDB.
4. At least one (1) public community outreach meeting in each affected City.
5. Draft plan review meetings.
6. Meeting with Bicycle Facilities Coordinating Committee.
7. At least one (1) meeting each with Planning Commission and City Council of each
affected City.
F. Prepare the following draft and final reports:
1. Draft Report - Provide twenty-five (25) copies of a complete draft report including
report text, graphics and plan sheets.
2. Final Report - Provide the following:
a. 100 bound copies of the Final Report including text, graphics and reduced
plans.
b. 15 stapled full-size sets of prints of the plans.
C. Seven (7) sets of full-size mylar reproducible plans.
d. One (1) set of full-size negatives of all aerial photography utilized during
preparation of the report.
8. One (1) set of photos taken and one (1) set of negatives.
2. CITY OBLIGATIONS
The City shall provide the following:
1. One (1) copy of the Bicycle Master Plan for each of the cities that have adopted
same.
2. One (1) copy of the Circulation Element of the General Plan from each city.
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3. One (1) copy of the 1989 San Diego to Oceanside Commuter Rail Study - Coastal
Corridor Bicycle Path Analysis.
4. A list of contacts of each city within the railway corridor including telephone
numbers.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of notification to
proceed by the City and be completed within two hundred seventy (270) days of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in writing by the
Project Manager. The Project Manager will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the
Contractor, or delays caused by City inaction or other agencies’ lack of timely action.
4. FEES To BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $518,885. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten
percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shali extend for a period of one (1) year from date thereof. The contract
may be extended by the City Manager for one (1) additional one (1) year periods or parts thereof,
based upon a review of satisfactory performance and the City’s needs. The parties shall prepare
extensions in writing indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
On the 1st working day of each month, Contractor shall submit his/her invoice for work
performed during the prior month. Payment of approved items on the invoice shall be mailed
to the Contractor prior to the 39th day of the month the invoice was submitted. The contract is
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rev.10/16/95
a lump sum contract, Billings will be based on a percentage of completion as agreed on by the
Contractor and the City. A ten percent (10%) retention shall be retained from each progress
payment until final acceptance of the project by the City of Carlsbad.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the Feasibility Study report the
Contractor shall deliver to the City the following items:
A. 100 bound copies of the Final Report including text, graphics and reduced plans.
B. 15 stapled full-size sets of prints of the plans.
C. Seven (7) sets of full-size mylar reproducible plans.
D. One (1) set of full size negatives of all aerial photography utilized during
preparation of the report.
E. One (1) set of photos taken and one (1) set of negatives.
8. CHANGES IN WORK
If, in the course of the contract, changes seem meriied by the Contractor or the City, and
informal consultations with the other party indicate that a change in the conditions of the contract
is warranted, the Contractor or the City may request a change in contract. Such changes shall
be processed by the City in the following manner: A letter outlining the required changes shall
be forwarded to the City by Contractor to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A Standard Amendment to
Agreement shall be prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall
not render ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company or
person, other than a bona fide employee working for the Contractor, to solicit or secure this
agreement, and that Contractor has not paid or agreed to pay any company or person, other
rev.10/16/95
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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, the City shall have the right to annul this agreement without
liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
10. NONDlSCRlMlNATlON CLAUSE
The Contractor shall comply with the state and federal laws regarding nondiscrimination.
11. TERMlNATlON OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work as
provided for in this contract, the City may terminate this contract for nonperformance by notifying
the Contractor by certified mail of the termination of the contractor. The Contractor, thereupon,
has five (5) working days to deliver said documents owned by the City and all work in progress
to the Project Manager. The Project Manager shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the Contractor has performed which
is usable and of worth to the City in having the contract completed. Based upon that finding as
reported to the City Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30) days written
notice to the other party. In the event of such suspension or termination, upon request of the
City, the Contractor shall assemble the work product and put same in order for proper filing and
closing and deliver said product to City. In the event of termination, the Contractor shall be paid
for work performed to the termination date; however, the total shall not exceed the lump sum fee
payable under paragraph 4. The City shall make the final determination as to the portions of
tasks completed and the compensation to be made.
rev.10/16/95
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12. DISPUTES
If a dispute should arise regarding the performance of work under this agreement, the
following procedure shall be used to resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they become identified as a part of
a dispute among persons operating under the provisions of this contract, shall be reduced to
writing by the principal of the Contractor or the City Project Manager. A copy of such
documented dispute shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both’parties. The City Project Manager or
principal receiving the letter shall reply to the letter along with a recommended method of
resolution within ten (10) days. If the resolutionthus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City Council for their resolution
through the Cffice of the City Manager. The City Council may then opt to consider the directed
solution to the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, aithough nothing in this procedure shall prohibit the parties seeking remedies
available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor shall agree that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation
or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted
to the City, it may be considered fraud and the Contractor may be subject to criminal
prosecution. The Contractor acknowledges that California Government Code sections 12650 g$
sea.. the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of information. If the City of
Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its
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litigation costs, including attorney’s fees. The Contractor shall acknowledge that the filing of a
false claim may subject the Contractor to an administrative debarment proceeding wherein the
Contractor may be prevented to act as a Contractor on any public work or improvement for a
period of up to five years. &Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference. ’ &tnitial)
14. STATUS OF ‘THE CONlRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own way as
an independent contractor and in pursuit of Contractor’s independent calling, and not as an
employee of the City. Contractor shall be under control of the City only as to the result to be
accomplished, but shall consult with the City as provided for in the request for proposal. The
persons used by the Contractor to provide services under this agreement shall not be considered
employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to the
Contractor pursuant to the contract shall be the full and complete compensation to which the
Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of
the Contractor or his/her employees or subcontractors. The City shall not be required to pay any
workers’ compensation insurance or unemployment contributions on behalf of the Contractor or
his/her employees or subcontractors. The Contractor agrees to indemnify the City within 30 days
for any tax, retirement contribution, social security, overtime payment, unemployment payment
or workers’ compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any balance owing
to the Contractor.
10
rev.l0/16/95
The Contractor shall be aware of the requirements of the Immigration Reform and Control
Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors and Consultants that are
included in this agreement.
15. CONFORMITY To LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all applicable
requirements of law: federal, state and local. Contractor shall provide all necessary supporting
documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
,I The Contractor agrees to comply with Federal procedures in accordance with 49 CFR, I
part 18, and cooperative agreements to State and local governments and contract cost principles
and procedures 48 CFR, Federal acquisition regulations system, Chapter 1, Part 31,006 et seq.,
which is used to determine eligibility of individual items of cost.
The Contractor and Subcontractors shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the contract, including
but not limited to the performance of the contract, including but not limited to the costs of
administrating the contract. All parties shall make such materials available at their respective
offices at reasonable times during the contract period for three years from the date of the final
payment under the contract. Federal and State auditors, or any duly authorized representative,
shall have access to any books, records, and documents of the Contractor or Subcontractor that
are pertinent to the contract for audits, examinations, excerpts, and transactions. Copies thereof
shall be furnished if requested.
18. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein required are
the property of the City, whether the work for which they are made be executed or not. In the
11
rev.l0/16/95
event this contract is terminated, all documents, plans, specifications, drawings, reports, and
studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1)
copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work pursuant
to this contract shall be vested in City and hereby agrees to relinquish all claims to such
copyrights in favor of City.
,18. HOLD HARMLESS AGREEMENT
The City, its elected and appointed officers and employees shall not be liable for any
claims, liabilities, penalties, fines, or any damage to goods, .properties, or effects of any person
whatever; nor for personal injuries or death caused by, or resulting from, or any intentional or
negligent acts, errors or omissions of Contractor or Contractor’s agents, employees, or
representatives.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and harmless
the City and its elected and appointed officers and employees against any claims for damages,
liabilities, penatties or fines, costs or expenses, including liabilities or claims by reason of alleged
defects in any plans and specifications arising out of the conduct of the Contractor or any agent
or employee, subcontractors, or others in connection with the execution of the work covered by
this agreement, except only for those claims arising from the sole negligence or sole willful
conduct of the City, or its elected and appointed officers and employees.
Furthermore, Contractor agrees to defend, indemnify, protect, and hold free and harmless
the City and its elected and appointed officers and employees against any claims for damages,
liabilities, penalties or fines, costs or expenses, including liabilities or claims by reason of alleged
defects in any plans and specifications arising out of or connected with the negligent conduct
rev. 1 O/l 645
12
of the Contractor or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this agreement.
Contractor’s indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the Cii, its officers, agents, or employees in defending against such claims,
whether the same proceed to judgment or not.
Contractor shall at its own expense, upon wriien request by the City, defend any such
suit or action brought against the City, its officers, agents or employees. Contractor’s
indemnification of City shall not be limited by any prior or subsequent declaration by the
Contractor.
19. ASSIGNMENT-OF.. CONTRACT , .,.
The Contractor shall not assign this contract or any part thereof -or any monies due
thereunder without the prior wriien consent of the City. _
20. SUBCONTRACTlNG
If the Contractor shall subcontract any of the work to be performed under this contract
by the Contractor, Contractor shall be fully responsible to the Cii for the acts and omissions of
Contractor’s subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by
Contractor. Nothing contained in this contract shall create any contractual relationship between
any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and
every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s
work unless specifically noted to the contrary in the subcontract in question approved in wriiing
by the City.
Any subcontract in excess of $25,000 as a result of this contract shall contain all of the
provisions stipulated in this contract.
rev.10/1%.&5
13
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behatf of the City to negotiate,
make, accept, or approve, or take part in negotiating, making, accepting, or approving of this
agreement, shall become directly or indirectly interested personally in this contract or in any part
thereof. No officer or employee of the City who is authorized in such capacity and on behalf of
the City to exercise any executive, supervisory, or similar functions in connection with the
performance of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATlON
No verbal agreement or conversation with any officer, agent, or employee of the City, 1 ‘
zeither before, during or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained nor entitle the Contractor to any additional payment whatsoever
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,’ all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and
each of their respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first wriien above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in accordance
with the requirements of the City’s conflict of interest code incorporating Fair Political Practices
Commission Regulation 18700 as it defines “consultant.” The disclosure category shall be
categories 1, 2, 3 & 4.
rev.10/16/95
14
23
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any and all
amendments insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the work hereunder by the contractor, his
agents, representatives, employees or subcontractors. Said insurance shall be obtained from
an insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best’s Key Rating of not less than “A-9’ and shall
meet the City’s policy for insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and, minimum limits indicated
herein, unless a lower amount is approved by the City Attorney or City Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-
limit per occurrence for bodily injury, personal injury and property damage. If the submitted
policies contain aggregate limits, general aggregate limits shall apply separately to the work
under this contract or the general aggregate shall be twice the required per occurrence limit.
2. Automobile Liability (ii the use of an automobile is involved for contractor’s
work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property
damage.
3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation
limits as required by the Labor Code of the State of California and Employer’s Liability limits of
$1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to the
contractor’s profession, with a discovery period of not less than 12 months after completion of
work or termination of contract. $1 ,OOO,OOO per occurrence.
15
rev.10/16/9!5
2-t
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The Cii shall be named as an additional insured on all policies excluding
Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City before
commencement of work. ,,
3. The contractor shall obtain occurrence coverage, excluding Professional
Liability which shall be wriien as claims-made coverage.
“, 4. This insurance shall be in force during the life of the agreement and any:
extension thereof and shall not be canceled without 30 days prior wriien notice to the City sent
by certified mail.
5. If the contractor fails to maintain any of the insurance coverages required
herein, then the City will have the option to declare the contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order that the
required coverages may be maintained. The contractor is responsible for any payments made
by the City to obtain or maintain such insurance and the Cii may collect the same from the
contractor or deduct the amount paid from any sums due the contractor under this agreement.
16
rev.lO/lWS
25
-
27. RESPONSIBLE PARllES
The name of the persons who are authorized to give written notices or to receive written
notice on behatf of the City and on behalf of the Contractor in connection with the foregoing are
as follows:
For City:
For Contractor:
Tile
Name
Address
Associate Ennineer/Proiect Manaqer
Steven C. Jantz
Citv of Carlsbad/Ennineerina Department
2075 Las Palmas Drive
Carlsbad, CA 92009-l 576
Title
Name
Address
Transportation Engineering Manager
David Alm, Transtech Engineers, Inc.
424 Summit Street. Suite 120
Oceanside, CA 92054
17
rev.l0/16/9s
2b
-
20. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the duration
of the contract.
Executed by Contractor this !$tc\ dayof -~JUI, , 193
CONTRACTOR:
CITY OF CARLSBAD, a municipal
TRANSTECH ENGINEERS, INC.
Al \ .&5Y,
(print name/title; fl ’
PWA&?.L~ ATTEST:
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
zz
rev.lO/lW5
18
27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of (-L&h &?,~
County of ~405 Bllqe/PS
On /- / 8-- 4c before me, Date N~IW and Title 0f Dlfker (e.g., “Jane Doe, N&y Public”)
personally appeared Ail LbYla ,. (’ RMIL /7t7?-~//<H&?K
Name(s) of Sir(s)
,
@ersonally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
%ignature$&hry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document [&%?jcY/
Title or Type of Document: fq@,j-&menP bzCJ+ cr,iq d f&, /;. &&* /?&l$7$h/ _ ” V
Document Date: Number of Pages:
Signer(s) Other Than Named Above: l’he+n/. /I /U C/2/&, i2Dfl w 6
Capacity(ies) Claimed by Signer(s)
Signer’s Name: /4& r @Yi/P- Signer’s Name: c.GJZ 1’69 ?%?fq ‘6’ &fl
0 Individual
B Corporate Officer
Title(s): fVesi’d<fl
0 Partner - Cl Limited q General
0 Attorney-in-Fact
0 Individual
&orporate Officer
Title(s): Q &%&-f.e*
Cl Partner - 0 Limited 0 G&al
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Guardian or Conservator
Signer Is Representing:
77hv7.5 ieip$
Signer Is Representing:
@ 1994 National Notary Asociation l 8236 Remmet Ave., P.O. Box 7194. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6327
zg
EXHIBIT A
-
Page 1 of 4
Agreement for
Engineering, Environmental and Planning Services for
Preparation of a Feasibility Study and Preliminary Design Plans
for the Coastal Rail Trail Project
Contractor will begin work within ten (10) calendar days after receipt of notification to proceed by
the City. Upon the 1st working day of each month Contractor will provide to the City detailed
progress reports of work completed in accordance with the Scope of Work.
Transtech will invoice the City monthly on the following percentage of tasks completed in
accordance with the Scope of Work. Transtech will invoice for payment of work completed as
follows:
Payment of ten percent (10%) of the contract, $51,888.50, to be submitted to Transtech as an up
front payment to begin work. This ten percent (10%) payment will be included in the submittal
requirements for Task I.
A payment of twenty percent (20%) of the contract, $103,777.00, to be submitted to Transtech at
the completion and acceptance by the City of Task I.
A payment of thirty percent (30%) of the contract, $155,665.50, to be submitted to Transtech at the
completion and acceptance by the City of Task II.
A payment of thirty percent (30%) of the contract, $155,665.50, to be submitted to Transtech at the
completion and acceptance of the City of Task III.
A final ten percent (1 O%)of the contract, $5 1,888.50 will be retained upon acceptance of the final
product in accordance with the Scope of Work and any change orders approved by the City.
34
Agreement for Coastal Rail Trail Project Exhibit A
Page 2 of 4
Task I: 30% comDleted
1.
2.
3.
4.
5.
6.
7.
Inventory of existing and proposed uses, Contact affected agencies.
Assemble all available maps and data.
Conduct field review assessing physical constraints/opportunities, environmental constraints,
street constraints/opportunities.
Meet with City staff, Coastal Rail Committee and affected agencies. Meet with Bicycle
Facilities Coordinating Committee. Determine processing requirements and potential permit
requirements.
Review all existing environmental documents. Develop gap analysis and identify necessary
surveys to be conducted.
Conduct necessary aerial photography. Identify alternative alignments.
Conduct kick-off meeting.
Submittal of working paper(s) to the City to identify alternative alignments, summary of
environmental issues and surveys. Provide summaries of processing and permit requirements.
Task II: 60% cornDIeted
1.
2.
3.
4.
5.
6.
7.
8.
Review and consideration of liability and legal issues. Determination of pending legislation
and/or policies that may impact project. .
Identify necessary acquisition of easements and property. Provide affected private property
boundaries, with assessor parcel numbers and ownership information.
Conduct environmental assessment of recommended bikeway alignment and alternatives.
Provide potential mitigation provisions.
Develop right-of-way or joint use agreements which address costs, process, conflicts with
existing leases, liability considerations, and feasibility.
Identify and provide resolutions for safety and security considerations.
Conduct community meetings, Planning Commission and/or City Council as directed by
each local agency. Continue meetings with Coastal Rail Committee.
Preliminary engineering of 60% design of bikeway.
Preliminary cost estimates.
Submittal of working paper(s) to the City detailing liability and legal. issues, easement and
acquisitions, right-of-way agreements and joint use agreements, safety and security considerations,
environmental assessment and potential mitigation, and preliminary cost ,estimates. Provide
engineering analysis of alternative alignment study. Submittal of 60% preliminary engineering
design of bikeway.
Agreement for Coastal Rail Trail Project Exhibit A
Task III:
Page 3 of 4
90% completed
1.
2.
3.
4.
5.
6.
7.
Complete preliminary engineering design of bikeway, identifying relationship of bikeway
to rail and passenger stations, alternative alignments, construction phasing options, design
standards, design constraints, and interface of lateral crossings with pedestrian and bicycle
trails, ridges, storm drain facilities, grading requirements, new utilities proposed, relocations
of existing utilities, and barriers..
Complete conceptual landscape and lighting plan.
Conduct cost estimate and potential funding mechanisms of recommended bikeway
alignment. Submittal of working paper to the City.
Identify maintenance and operation costs and issues.
Complete engineering design of street crossings, trail crossings, and pedestrian crossings.
Complete typical design cross sections for different terrain areas expected to be encountered.
Develop conceptual signage plans for trail signs, kiosks, miles markers.
Conduct community meetings, Planning Commission and/or City Council as directed by
each local agency. Continue meetings with Coastal Rail Committee.
Submittal of conceptual landscape and lighting plan; preliminary engineering plans; bridge and street
crossing details. Submittal of working paper(s) of cost estimates, operation and maintenance issues,
summary of meetings.
Deliverables 100% Completion
Submittal to the City twenty-five (25) and upon acceptance of by the City, 100 bound copies of final
report to include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Engineering analysis of recommended alignment, phasing options, design constraints.
Assessment of easements, property issues.
Discussion of liability and legal issues.
Discussion of maintenance and operation issues.
Cost estimate and funding mechanisms.
Right-of-way leasing and joint use agreements.
Acquisition strategies for affected properties.
Summary of permit regulations and processes.
Analysis of existing environmental documents. Development of environmental issues to
include alternative alignments.
10 Biological and cultural survey findings.
Submittal to the City 15 stapled full-size prints, seven (7) sets of full-size mylar reproducible plans,
one (1) set of full size aerial photography utilized to complete the following:
Agreement for Coastal Rail Trail Project Exhibit A
11. Preliminary engineering design of bikeway.
12. Conceptual landscape and lighting design.
13. Conceptual sign design.
14. Details of typical bikeway design, bridge construction,
Page 4 of 4
Submittal to the City one (1) set of photos taken and one (1) set of negatives for field study.
Exhibit 4
Lranslech ENG/NEERS I PLANNERS I MUNICIPAL CONSULTANTS
624 Brea Canyon Road H Walnut I California 91789-2705 8 Telephone: (909) 595-8599 m Fax: (909) 5958883
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARSBALO, CA Q2008-7314
234
AlTN: MR. STEVEN C. JANTZ
STATEMENTIINVOICE
JOB NUMBER: QWQl
PROJECT: COASTAL RAIL TRAIL
TOTAL CONTRACT AMOUNT %819,762.74
AMOUNT PAID TO DATE @703,678.24)
FINAL INVOICE AMOUNT $116,084.50
INV NO:
DATE:
PAGE:
2oo50502
1OFl
~IWOtCE AMOUNT $116,064.60 1
White - CLIENT Yellow - COPY Pink - ACCOUNTING Goldenrod - NUMERICAL