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HomeMy WebLinkAbout2019-11-19; City Council; Resolution 2019-238RESOLUTION NO. 2019-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. FOR ENGINEERING DESIGN OF THE VILLAGE AND BARRIO TRAFFIC CIRCLES, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4015, FOR AN AMOUNT NOT TO EXCEED $475,314. WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary and in the public interest to design and construct traffic circles in the Village and Barrio as identified in the Village and Barrio Master Plan; and WHEREAS, under Carlsbad Municipal Code Section 3.28.060, the Public Works Branch, Transportation Department solicited proposals from consultants for engineering design of the Village and Barrio Traffic Circles, CIP No. 4015 (Project), and received five proposals from qualified consulting firms; and WHEREAS, subsequent to a review of the proposals, staff selected Chen Ryan Associates, Inc. as the most qualified consultant for the Project; and WHEREAS, staff and Chen Ryan Associates, Inc. have negotiated the scope of work and associated fee for an amount not to exceed $475,314 to provide professional engineering services; and WHEREAS, sufficient General Capital Construction, TransNet Local and Sewer Replacement funds are available to complete the engineering design of the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized and directed to execute the professional services agreement with Chen Ryan Associates, Inc. for an amount not to exceed $475,314 for engineering design of the Village and Barrio Traffic Circles, CIP Project No. 4015, which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. 4trJ/(/l(f ~~Mayor Jr~' Heck£Gorne-z, 7 " BARBARA ENGLESON, City Clerk (SEAL) Nov. 19, 2019 Item #9 Page 4 of 23 PSA20-939TRAN AGREEMENT FOR VILLAGE AND BARRIO TRAFFIC CIRCLES SERVICES CHEN RYAN ASSOCIATES THIS AGREEMENT is made and entered into as of the [}On'-' day of NoVtlVJbtf , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and CHEN RYAN ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in engineering services. B. Contractor has the necessary experience in providing professional services and advice related to engineering services. C. Contractor has submitted a proposal to City under RFP20-859TRAN 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", 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE 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 shall not exceed four hundred seventy-five thousand three hundred fourteen dollars ($475,314). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. 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". City Attorney Approved Version 6/12/18 Nov. 19, 2019 Item #9 Page 5 of 23 PSA20-939TRAN 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney's City Attorney Approved Version 6/12/18 2 Nov. 19, 2019 Item #9 Page 6 of 23 PSA20-939TRAN 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. 11. 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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 6/12/18 3 Nov. 19, 2019 Item #9 Page 7 of 23 PSA20-939TRAN 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. 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. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 6/12/18 4 Nov. 19, 2019 Item #9 Page 8 of 23 For City Name Jonathan Schauble Title Senior Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-2762 For Contractor Name Matthew Capuzzi Title Project Manager PSA20-939TRAN Address 3900 Fifth Avenue, Suite 310 San Diego, CA 92103 Phone No. 619-795-6086 Email mcapuzzi@chenryanmobility.com 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes~ No D 18. 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 whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 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 City Attorney Approved Version 6/12/18 5 Nov. 19, 2019 Item #9 Page 9 of 23 PSA20-939TRAN 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 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. JURISDICTION 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 City Attorney Approved Version 6/12/18 6 Nov. 19, 2019 Item #9 Page 10 of 23 PSA20-939TRAN 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 nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill /II /II /II /II /II /II /II /II /II /II /II /II /II Ill /II /II 7 City Attorney Approved Version 6/12/18 Nov. 19, 2019 Item #9 Page 11 of 23 PSA20-939TRAN 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 CHEN RYAN ASSOCIATES INC., a California corporation (sign here) U11i(U( ~ {'1-f§,v, f,-4-s.·ck~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: By:/? -z fr_-/42 ...k::::,__ ~ ~' He,t~r Gunez, /Jepv-11 c;l"1 (sign here) -{,r BarbaraEnWeson, City Clerk ' U J (\ C /ti'{ <i>~\11(.JI\ CcdL. \J ~ee._ 'trs J ~ (print name/titleJ Soc:_'('~ 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: CELIA A BREWER, City Attorney BY: ~~~( , ~/C __ D_e_p_u_ty_C_i_ty_A-'tt=o ..... r0n"'"ey~ 0---- City Attorney Approved Version 6/12/18 8 Nov. 19, 2019 Item #9 Page 12 of 23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Dote personally appeared -...!....l-=-----'-L------"'=---'--=___JL_-+--__,._,~-=1--L.µ_.L.J..---".e:.:......i.;;_;::_i.=~w.c~,:_,__.4----4- Name(s) of Signer(s) --------------~ ------- 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. 1·········-·· , -,-'.'}':,, JOSHUA GAINES f ~ i'~tB;~ Notary Public -California z ~ I, t;:f-;{:li; San Diego County ~ ~~·-' Commission !I 2268269 - '· .!.:'!~" My Comm. Expires Nov 22, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document fl.,._ "" I.~ -C \ JI~ r-ee met)+ Title or Type of Document: _____ LJ)~ __ /_ m_ L\! __ J __ f-e_~~--------------- Document Date: · Number of Pages: ~-----1' -------------------------Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name;~ ___ --_--..:::i,..---~.::::--~~..:::---..:::-..::_"""_·-:._-:...-:--:_ __ Signer's Name:------;============~ D Corporate Officer -Title(s): D Corporate Officer -Title(s): ______ _ D Partner - D Limited □ General D Partner - D Limited D General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing:_,_-_______ _ ©2017 National Notary Association D Individual □ Trustee D Other: D Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ Nov. 19, 2019 Item #9 Page 13 of 23 EXHIBIT "A" SCOPE OF SERVICES PSA20-939TRAN City Attorney Approved Version 6/12/18 9 Nov. 19, 2019 Item #9 Page 14 of 23 October 23, 2019 Mr. Jonathan Schauble, P.E. Senior Engineer Public Works Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 CHEN ♦RYAN Re: Village and Barrio Traffic Circles, CIP Project No. 4015 -Professional Services Dear Mr. Schauble, Chen Ryan Associates, Inc. ("Chen Ryan") is pleased to submit this letter proposal to the City of Carlsbad (the "Client") to provide professional engineering services related to the preparation of final PS&E for the Village and Barrio Traffic Circles (the "Proposed Project") located within the City of Carlsbad. Project Understanding Chen Ryan will develop engineering construction documents to support the Proposed Project as shown on in the Village and Barrio Master Plan. Scope of Services The Consultant will provide preliminary and final engineering design services for the Village and Barrio Traffic Circles Project. The Scope of Work will be broken down into the following tasks: • Task 1: Project Management and Meetings • Task 2: Data Collection • Task 3: Preliminary Engineering • Task 4: Construction Plans, Specifications, and Estimate (PS&E) • Task 5: Bid and Construction Period Services Task 1 -Project Management and Meetings Task 1.1 -Kick-off Meeting The Consultant's Project Manager will coordinate a kick-off meeting with the design team, the City's Project Manager, and City staff. Task 1.2 -Team Meetings The Consultant will: • Attend team meetings with City of Carlsbad staff (up to 12) • Prepare meeting agendas and compile materials (e.g. exhibits) • Prepare meeting minutes, including decisions made and action items • Track action item resolutions 3955 5th Avenue, Suite 310 I San Diego, CA 92103 I (619) 795-6086 www.ChenRyanMobility.com Nov. 19, 2019 Item #9 Page 15 of 23 Page 2 of 8 CHEN ♦RYAN Task 1.3 -Stakeholder Meetings The Consultant will coordinate and attend meetings with project stakeholders as determined necessary by the City's Project Manager (up to 4 meetings). Task 1.4 -Public Input Meetings Prior to developing the Preliminary Engineering design, the Consultant will facilitate one (1) public input meeting with the local community. The goal of this meeting will be to identify the community's values, priorities, and concerns throughout the project area. We propose to have this meeting formatted as an open house public workshop. The workshop will include a number of boards placed throughout the venue with City and consultant staff available at each board, or set of boards, to discuss the project with the residents and stakeholders. The Consultant will work closely with the City's Project Manager and Communications staff to develop these boards. The Consultant will provide up to a total of five (5) poster size boards for use at this first public meeting. These boards may include a project location map for orientation purposes, examples of complete streets and traffic calming improvements that have been implemented in the City of Carlsbad or other jurisdictions, and a large aerial map showing the existing conditions. A map of the room layout will also be developed to guide participants through the open house. Post-it notes will be provided at each board to allow attendees to identify their specific priorities and concerns. Comment cards will also be provided to solicit general feedback about the proposed project. Up to four (4) consultant team staff will attend this first public input meeting. Spanish speaking staff are available if desired by the City. Prior to developing the final engineering design, the Consultant will facilitate a second public input meeting with the local community. The goal of this meeting will be to display and discuss the preliminary engineering design with the local community in order to receive feedback prior to beginning the final engineering design. The Consultant will provide up to a total of ten (10) poster size boards for use at this second public meeting, as developed under Tasks 3.1 and 3.2. These boards are anticipated to include a graphic depicting the overall project area improvements, a blow-up of each project intersection, and material and planting pallets. Post-it notes will be provided at each board to allow attendees to identify their specific priorities and concerns. Comment cards will also be provided to solicit general feedback about the proposed project. Up to four (4) consultant team staff will attend this first public input meeting. Spanish speaking staff are available if desired by the City. Task 1.5 -Presentation to City Staff As requested by the City's Project Manager, the Consultant will prepare and present one (1) presentation to City Staff or City Council. Task 1.6 -Coordination with Agencies and Utilities The Consultant will coordinate with agency and utility stakeholders involved in the project for the duration of the project (up to 12 months), to the extent budgeted. Coordination with agency stakeholders includes project coordination meetings as described herein. Project Coordination Meetings -The Consultant will: • Attend and lead project coordination meetings (up to 4) • Send out meeting notifications, prepare an agenda, sign-in sheet, graphics, and a follow-up summary for each meeting • Document decisions made and action items • Track action item resolutions Nov. 19, 2019 Item #9 Page 16 of 23 Page 3 of 8 CHEN ♦RYAN Task 1.7-Project Management The Consultant's Project Manager will perform the following project management and administration services for the duration of the project (up to 12 months) to the extent budgeted. This work includes monitoring progress against budget and overall quality assurance (QA). Specific quality control (QC) efforts for each deliverable document are included in the task covering that document. The Consultant's Project Manager will prepare contracts and task orders for required Subconsultant services. This task will also consist of: monitoring Subconsultant progress against budget and schedule and reviewing monthly Subconsultant invoices and associated back up. Consultant will spend time each month coordinating with City staff via email and telephone. The Consultant's Project Manager will coordinate regularly with the City's Project Manager on schedule and budget updates. He will notify the City if there are any issues and/or decisions that have the possibility of affecting the schedule or budget. The Consultant's Project Manager will also prepare and maintain (monthly) a critical path project schedule. The schedule will be submitted monthly to the City's Project Manager. The Consultant will participate in bi-weekly (once every 2 weeks) conference call updates with the City's Project Manager. The Consultant will provide monthly invoices with an Earned Value spreadsheet showing, for each task: total budget, amount earned in current month, amount earned to date, and remaining budget (including percentages). A summary of work in the current month completed will be included with each monthly invoice. Task 1 Deliverables • Meeting Agendas • Meeting Minutes for each meeting will be provided (electronically, in PDF format) within five (5) business days after each meeting • Action Item Tracking for monthly team meetings • Monthly Invoices and Status Reports • Schedule (electronically, in PDF and MS Project formats) Task 2 -Data Collection Task 2.1-Field Walk and Site Analysis The Consultant will visit the project site to further evaluate existing conditions and facilities, drainage patterns, existing utilities, pedestrian and vehicular circulation patterns, surrounding land uses, and existing vegetation. Task 2.2 -Utility Mapping The Consultant will research and obtain utility verification maps in order to map the existing utilities. Utility research will include sending out letter requests to utility providers within the project limits to obtain as-built plans. The research will also include obtaining as-built drawings from the City of Carlsbad. The Consultant will plot existing utilities into a utility base map. This task assumes up to one (1) additional site visit will be conducted to observe the horizontal locations of visible existing utility facilities located within and adjacent to the project's boundaries. Nov. 19, 2019 Item #9 Page 17 of 23 Page 4 of 8 CHEN ♦RYAN Wet and dry utility locations, sizes, and descriptions will be added to the base mapping. The Consultant will perform potholing to determine the location and depth of utilities that may be in conflict with the proposed improvements. For budgeting purposes, this task assumes that up to four (4) potholes will be completed as part of this task. Task 2.3 -Survey and Right-of-Way Mapping 2.3.1 Existing Conditions Map: The Consultant will prepare an existing condition topographic survey map for the project area described in the Village and Barrio Master Plan, sufficient to support final design of the proposed roadway improvements. 2.3.2 Record Centerlines and Rights of Way: Readily available record survey maps within the immediate vicinity of the project will be researched to verify the relative record positions of centerline and right-of- way monuments. The right-of-way and property lines will be plotted for the project alignment. It is assumed that no title reports will be researched or obtained. Surveying will be performed in accordance with City of Carlsbad standards using NAD '83 horizontal and NGVD '29 vertical datum. Task 2.4 -Geotechnical Investigation A geotechnical investigation is proposed to evaluate the subsurface conditions and provide recommendations for design and construction of the planned road improvements and associated retaining walls. The scope of geotechnical services will include mobilization, subsurface exploration, laboratory testing, geotechnical analyses, and report preparation. We propose a subsurface exploration program consisting of two (2) hollow-stem auger borings to a target depth of 20 feet and two (2) percolation test holes to a target depth of 5 feet. The field percolation tests are proposed to determine infiltration rates of near surface soils should an infiltration basin, bioswale, or permeable pavement be considered. Percolation tests will be performed for consideration of BMPs. Laboratory testing will be completed according to ASTM International or other appropriate testing procedures. We will develop the actual laboratory test program after completing the subsurface exploration. We expect the focus of the laboratory testing program will be to evaluate physical characteristics of the subsurface and provide information for design and construction of pavements (R- value) and earthwork (soil gradation, and the relationship between maximum dry unit weight and optimum moisture content, typically referred to as "compaction curves"). The Consultant team will complete geotechnical analyses to prepare a geotechnical investigation report. Task 2 Deliverables • 2018 AutoCAD (.dwg) Base Map with survey, right-of-way, and existing utilities • Geotechnical Report Task 3 -Preliminary Engineering Task 3.1 -Feasibility Evaluation Consultant will complete a feasibility evaluation prior to the start of the preliminary design. The feasibility evaluation will consider current truck traffic that requires access to Tyler Street, crash history within the Nov. 19, 2019 Item #9 Page 18 of 23 Page 5 of 8 CHEN ♦RYAN Barrio, speed surveys, vehicle turning movement evaluations, and whether a roundabout should be considered at the intersection of Pine Avenue and Harding Street. As part of this task, the Consultant will perform field observation of the existing truck movements within the Barrio. This will include interviews with business owners and/or truck drivers to better understand the reasons for their preferred route and potential challenges associated with alternative routes. The Consultant will review five years of crash history within the Barrio to determine whether pedestrian safety enhancements beyond neighborhood traffic circles should be considered. The Consultant will complete speed surveys along the 3 main north-south roads through the Barrio (Roosevelt Street, Madison Street, and Harding Street) to document existing conditions. As part of this task, the Consultant will also complete vehicle turning movement evaluations for each of the eight proposed traffic circles. The Consultant will complete an engineering analysis to determine the most effective/efficient intersection control device for the intersection of Pine Avenue and Harding Street. The analyses and evaluations outlined above will be summarized in a memo with recommendations for this first phase of traffic calming within the Barrio. Task 3.2 -30% Preliminary Design Consultant will prepare 30% plans the project. The purpose of the 30% plans will be to illustrate the design concepts for use by City Staff and Management, define the project limits and improvements, and for future use in stakeholder meetings. The 30% plans will include: Existing Conditions Sheets -The Consultant will prepare sheets showing existing topography, existing utilities, existing right-of-way, and the proposed improvements (screened back). Traffic Circle Design Sheets -The Consultant will develop traffic circle layout designs including geometry, fastest path analysis, sight distance evaluation, lighting layouts, AutoTurn movements, and emergency vehicle access for the specified locations. Landscape Design Sheets -The Consultant will prepare sheets showing the proposed landscape design. The sheets will be color rendered and labeled for presentation purposes. This scope assumes the landscape design may need to allow space for public art. Task 3.3 -Plant/Material Pallet and Image Boards Consultant will prepare up to two (2) image boards to communicate hardscape materiality, landscape character, and overall intent of the experience. The landscape plant pallet will provide the common name, botanical name, and recommended installation sizes for the proposed plant materials. Additionally, up to two (2) precedence image boards will be prepared to further illustrate the intended character, composition, and materiality of the improvements. Task 3.4 -Preliminary Opinion of Probable Construction Costs (OPCC) The Consultant will prepare a preliminary OPCC for the preliminary design based on the preliminary design quantity takeoffs and current unit prices (from readily available recent bid results). Nov. 19, 2019 Item #9 Page 19 of 23 Page 6 of 8 CHEN ♦RYAN Task 3.5 -Storm Water Standards Questionnaire and Standard Project Requirement Checklist The Consultant will complete the City of Carlsbad's Storm Water Standards Questionnaire (E-34). It is anticipated that this project will be exempt from Priority Development Project (PDP) requirements. The exemption that would apply can be found as Item #2 under Step 2 of E-34, "Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance." If this exemption is agreed upon, the project would still need to include permanent BMPs to meet the USEPA Green Streets guidance per the "Managing Wet Weather with Green Infrastructure Municipal Handbook-Green Streets" (2008) and must comply with "Standard Project" stormwater requirements of the City's BMP Manual. A Storm Water Quality Management Plan (SWQMP) would not be required (per Step 5 of E-34). Hydromodification would also not need to be considered. The Consultant will complete the City of Carlsbad's Standard Project Requirement Checklist (E-36). The applicable source control and site design BMPs outlined on the E-36 checklist will be incorporated into the design. Task 3 Deliverables • 30% Preliminary Engineering Plans • Plant/Material and Image Boards • Preliminary OPCC • Storm Water Standards Questionnaire (City of Carlsbad Form E-34) • Standard Project Requirement Checklist (City of Carlsbad Form E-36) Task 4 -Construction Plans, Specifications, and Estimate (PS&E) Task 4.1-Construction Plans The Consultant will prepare 70% and 100% construction documents for City review and comment. The design will be based on the following standards: City of Carlsbad Engineering Standards, San Diego County Regional Standards, and the California Manual on Uniform Traffic Control Devices (CA-MUTCD). This task includes wet utility relocation plans for relocation of sewer and water lines to be outside the center island of the traffic circles. Task 4.2 -Hydrology and Hydraulics Report A Hydraulic and Hydrology Report will be prepared using the following standards and existing documentation: • Carlsbad Drainage Master Plan (dated July 2008) • San Diego County Hydrology Manual (dated June 2003). • San Diego County Low Impact Development Handbook (dated July 2014) The Consultant team will review available data including previous studies provided by the City of Carlsbad and research as-built roadway/ drainage plans provided by the City. This task includes field site reconnaissance to observe, document, and assess existing drainage conditions in the vicinity of the Project and define tributary areas to the project improvements. Assumptions: • The analysis will be limited to the area and blocks immediately adjacent to the proposed project and that no off-site storm drain improvements will be required as part of the project. • This project is not a PDP, therefore hydromodification management is not required. Nov. 19, 2019 Item #9 Page 20 of 23 Page 7 of 8 CHEN ♦RYAN Task 4.3 -Opinion of Probable Construction Cost (OPCC) The Consultant will prepare an OPCC for the 70% and 100% PS&E submittals based on design quantity takeoffs and current unit prices (from readily available recent bid results). Task 4.4 -Technical Specifications The Consultant will prepare Technical Specifications for the project. Specifications will be prepared in "Greenbook" special provisions format, utilizing the template provided by the City. The Consultant will modify the City's template as required for the project. This scope assumes the wet utility relocations may require CSI format specifications. Task 4 -Deliverables: • 70% submittal • 100% submittal • Signed mylar construction plans Task 5 -Bid and Construction Period Services Task 5.1-Bid Period Services (Time and Materials) As requested by the City and to the extent budgeted, during the bid phase of the project the Consultant will respond to Requests for Information (RFls) from bidders, prepare required addenda, assist with evaluation of bids, attend a pre-bid meeting, and attend a pre-construction meeting, as requested by the City. Task 5.2 -Construction Period Services (Time and Materials) To the extent budgeted, during the construction phase of the project the Consultant will review submittals, respond to RFls, material submittals, and review construction change requests for only their conformance with the project design. Task 5.3 -Record Drawings The Consultant will revise the signed mylars for the project, based upon field changes and revisions as provided by the Contractor's Field Superintendent and approved by the City of Carlsbad. Task 5 -Deliverables: • Bid period -RFI responses, addenda • Construction period -RFI responses, submittals, construction change requests • Record Drawings Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed for a fee to be negotiated at the time of the request. Prior to commencing the Additional Services, Consultant will obtain prior written approval from the Client. Additional services we can provide include, but are not limited to, the following: • Preparation of technical studies not included in this scope of work • Preparation of a SWPPP • Preparation and processing of resource agency permit applications • Preparation of a mitigation plan Nov. 19, 2019 Item #9 Page 21 of 23 Page 8 of 8 CHEN ♦RYAN • Meetings with the agencies beyond the effort scoped above • Payment of any agency fees • Franchise utility design • Preparation of a Priority Development SWQMP Information Provided by Client We shall be entitled to rely on the completeness and accuracy of information provided by the Client. The Client shall provide information requested by Chen Ryan during the project, this shall include: • As-built plans • CSI Specification Template for wet utility relocations Project Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. • Feasibility Evaluation Completion March 2020 • Preliminary Engineering Completion May 2020 • 2nd Community Outreach Meeting June 2020 • Final PS&E Completion December 2020 Chen Ryan will perform the scope of services outlined above on a time and materials basis, not to exceed $475,314. Direct expenses will be invoiced at cost. Task 1: Project Management and Meetings $52,842.00 Task 2: Data Collection $93,840.00 Task 3: Preliminary Engineering $55,164.00 Task 4: Construction Plans, Specifications, and $233,208.00 Estimate (PS&E) Task 5: Bid and Construction Period Services $35,260.00 Expenses $5,000.00 Total $475,314.00 Fees will be invoiced monthly based upon hours worked and reimbursable expenses as of the invoice date. Payment will be due within 30 days of the date of the invoice. We appreciate the opportunity to submit this proposal. Sincerely, ¥J-~ Matthew Capuzzi, PE Principal Nov. 19, 2019 Item #9 Page 22 of 23 CHEN ♦RYAN Carlsbad Village and Barrio Traffic Circles Rate Schedule Effective through December 31, 2020 Classification Principal Senior Professional Professional Analyst Intern/Adm in Schmidt Design Group Classification President Principal Senior PM Landscape Designer Aguirre and Associates Classification Professional Licensed Surveyor Land Surveyor Technician Survey Crew (2 person) Michael Wallwork Classification Michael Wallwork Billing Rate per Hour $240.00 $205.00 $150.00 $122.00 $85.00 Billing Rate per Hour $230.00 $190.00 $125.00 $90.00 Billing Rate per Hour $165.00 $126.00 $80.00 $320.00 Billing Rate per Hour $165.00 Rates are subject to a 4% increase each year with the first increase on January 1, 2021. Direct expenses such as but not limited to printing and reproductions, travel expenses, deliveries, materials, shipping, postage, etc. will be invoiced at cost. 3900 ',th Avenue, Suite 3 l(J I S;rn Diego, ( A 92103 I (619) ;qr) 6086 www U1eriRy3nr\/1()bil1ty rnrn Nov. 19, 2019 Item #9 Page 23 of 23