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2019-07-16; City Council; ; Amendment No. 3 to the Agreement with Kleinfelder, Inc. for professional engineering services for improvements to the intersection of El Camino Real and Cannon Road
CAReview i,;:t,...&,-- ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: July 16, 2019 Mayor and City Council Scott Chadwick, City Manager Brandon Miles, Associate Engineer Brandon.Miles@carlsbadca.gov or 760-602-2745 Amendment No. 3 to the Agreement with Kleinfelder, Inc. for professional engineering services for improvements to the intersection of El Camino Real and Cannon Road. Recommended Action Adopt a Resolution approving Amendment No. 3 to extend the agreement with Kleinfelder, Inc. for professional engineering services for improvements to the intersection of El Camino Real and Cannon Road, Capital Improvement Program (CIP) Project Nos. 6042 and 6056 (Project). Executive Summary On July 29, 2015, the City Council adopted Resolution No. 2015-196 authorizing an agreement with Kleinfelder in an amount of $673,424 to provide professional engineering services for improvements to the intersection of El Camino Real and Cannon Road over Agua Hedionda Creek. The contract was amended on April 27, 2017 for an additional year and no additional costs (Amendment No. 1). On Feb. 14, 2018, the contract was then amended (Amendment No. 2) to revise the scope and fee of the Project to include a separate pedestrian and bicycle bridge for an additional $49,840 and no additional tim.e. Due to prolonged negotiations with property ~cquisition and environmental processing, staff is requesting a third amendment to extend the duration of the contract with Kleinfelder, Inc. by two years to expire on July 28, 2021 at no additional costs. The current contract agreement expires on July 28, 2019 and no extensions are allowed without City Council approval as outlined in the Carlsbad Municipal Code Section 3.28.040. No additional fund appropriations are requested. Discussion The Project is intended to improve connectivity and operation for all modes of travel. The Agua Hedionda Creek bridge is located on El Camino Real, south of Cannon Road. The bridge was constructed in 1971 and is 108 feet in width and 112 feet in length. Currently, a narrow sidewalk exists on the west side which will be widened from 4 feet to 6 feet to meet the design requirements and enhance public mobility and safety. No pedestrian access is available on the east side of the bridge. A separate pedestrian and bike bridge will be installed on the east side of the existing bridge to provide pedestrian and bike connectivity from Cannon Road to Jackspar Drive. The Project scope includes removing the existing overhead poles. Bike lanes are provided in each direction and striping will be modified to accommodate three travel lanes in July 16, 2019 Item #3 Page 1 of 8 both directions. This will improve the overall corridor operation and enhance mobility and public safety, consistent with the City of Carlsbad's community values. Fiscal Analysis Sufficient funds are available to complete the design phase of the Project. The available funds for the Project are shown in the following table. Remaining funds will be used for construction. No additional appropriations are requested at this time. EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS, CIP PROJECT NOS. 6042 AND 6056 Professional Engineering Services -(Kleinfelder, Inc.) $673,424 Amendment 1 $0 Amendment 2 $49,840 Amendment 3 I $0 TOTAL PROFESSIONAL ENGINEERING SERVICES $723,264 Traffic Impact Fees (CIP Project No. 6042) $1,317,597 Infrastructure Replacement Funds (OP Project No. 6056) ' $210,000 TOTAL AVAILABLE FUNDS $1,527,597 ADDITIONAL APPROPRIATION NEEDED $0 Environmental Evaluation (CEQA) The preparation of technical studies, construction plans, specifications, and cost estimates have been determined to be statutorily exempt from environmental review per California Environmental Quality Act Guidelines Section 15262, Feasibility and Planning Studies. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was posted and distributed for public viewing and review at least 72 hours prior to the meeting date. Exhibits 1. City Council Resolution. July 16, 2019 Item #3 Page 2 of 8 RESOLUTION NO. 2019-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO EXTEND THE AGREEMENT WITH KLEINFELDER, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR IMPROVEMENTS TO THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NOS. 6042 AND 6056. Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to approve Amendment No. 3 to the Agreement with Kleinfelder, Inc., for professional engineering services for improvements to the intersection of El Camino Real and Cannon Road, CIP Project Nos. 6042 and 6056 (Project); and WHEREAS, on July 29, 2015, the City Council adopted Resolution No. 2015-196 authorizing an Agreement in an amount of $673,424 with Kleinfelder, Inc. to provide professional engineering services for the Project; and WHEREAS, on April 27, 2017, the city entered into Amendment No. 1 to the Agreement with Kleinfelder, Inc., to include a one-year extension and no additional costs; and WHEREAS, on Feb. 14, 2018, the city entered into Amendment No. 2 to the Agreement with Kleinfelder, Inc., to revise the scope and fee for an additional $49,840 and no additional time to include a separate pedestrian and bicycle bridge; and WHEREAS, the current Agreement expires on July 28, 2019 and the parties desire a two-year extension to July 28, 2021 and no additional costs; and WHEREAS, funds have been appropriated using a combination of Traffic Impact Fees and Infrastructure Replacement Funds, and sufficient funds are currently available; and 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 Amendment No. 3 with Kleinfelder, Inc. will extend the Agreement for an additional two years and expire on July 28, 2021 (Attachment A). 3. That there are sufficient Traffic Impact Fees and Infrastructure Replacement funds available for this Project. July 16, 2019 Item #3 Page 3 of 8 Exhibit 1 4. That Amendment No. 3 to the Professional Services Agreement with Kleinfelder, Inc., for professional engineering services for CIP Project Nos. 6042 & 6056, as described in the attached Agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said Amendment. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of July 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. 2uJf;U/ MATT HALL, Mayor U®'.bu12ram~ ~RBARA ENGLESON, City Clerk (SEAL) ''''"""""'"''' ~'''o'' f CAJi/1:::,,. :/', .--~-~~ S~/ ~--.. ~~ tc:s/m~ \l'~ ~ !~r G..A)c~ \ \?.~; J 1:s "-., ·········~\~ ~ ~,,,,/;-IFO'f'\'..,_,,,,..§!'- 11111,1111111111111 July 16, 2019 Item #3 Page 4 of 8 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. TRAN1244 is entered into and effective as of the / '74-i day of _ ___:::,,,. __ .._.__.._,"""'"" __________ , 2019, extending the agreement dated Ju~15, (the "Agreement" IJ and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder Inc., a California corporation ("Contractor") (collectively, the "Parties") for Professional Engineering Design Services. RECITALS A. On April 27, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a period of one (1) year; and B. On February 14, 2018, the parties executed Amendment No. 2 to the Agreement to alter the scope of work to provide additional design services in order to shift pedestrian bridge away from the existing bridge to provide a 25-foot separation and to extend the Agreement for a period of one (1) year; and C. The Parties desire to extend the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on July 28, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. I II I II I II Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 July 16, 2019 Item #3 Page 5 of 8 TRAN1244 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR (sign here) J}~fJ-4 k}~ 5Jpr ~ ------(-pr'---'in=----t-n_a_m_e_/....c,tit-le_) __ ~ CITY OF CARLSBAD, a municipal corporation of the State of California Mayor 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 City Attorney Approved Version 1 /30/13 2 July 16, 2019 Item #3 Page 6 of 8 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. State of California County of Sa.v'\ 't)i·e:~c> } On ,J'ul...'< Oct 1'(3.0l'1 before me, SAmA NTI-\ Date Here Insert Name and Ti le of the Officer personally appeared -------~I~:)E....._.l?)_.__._,.G~P.~'9_._\~::t~-B,~\ ~VI~-\=-~Y<--'A:~--------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to~ the person(sr¼hose name~(!§)'~ subscribed to the within instrument and acknowledged to me thaV,e~/trrey executed the same in l;lfs~thei( authorized capacity(i~, and that by .Af~tl}eir signature.(61' on the instrument the persoFl(s), or the entity upon behalf of which the perso~ acted, executed the instrument. 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. Signature -~-~~---------~---- SignatureofNota1ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2017 National Notary Association July 16, 2019 Item #3 Page 7 of 8 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. State of California County of ~("'\ "t>18c)C } On Su \ ..... 1 G'"J. ,YO i "\ before me,SA\'Y\A~J:\--\ \C+-S~"l..tf<-, NC,~ '-t ~\..Ji;;,Ll;.C. Date Here Insert Name and Title of the Officer personally appeared ---------~~_V"'l __ ·~~r_o_c._· ~ ___ Cl_(\~--------- Name(s) of Signer(s) --------------------------------------~---• who proved to me on the basis of satisfactory evidenc~ be the perso~ whose name6)@~ su!;!scribed to the within instrument and acknowJe.Q_ged to me thatCh.§)s~/tl'}ey executed the same i~/h:e1'/trreir authorized capacityti,es), and that b><._bis¥~r/t~r signatur~ on the instrument the perso~. or the entity upon behalf of which the person~acted, executed the instrument. 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. Signature ---~-=---"-''---=---v===-'d-----,f---+---- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner - D Limited D General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ July 16, 2019 Item #3 Page 8 of 8 Council Memorandum July 16·, 2019 To: {city of Carlsbad Memo ID# 2019084. From: Re: Honorable Mayor Hall and Members off;;City Council Elaine Lukey, Chief Operations Officer · · Responses to Questions From the July 1 City Council Briefings Agenda Item No. 3 -Amendment No. 3 to the Agreement with Kleinfelder, Inc., for professional engineering services for improvements to the intersection of El Camion Real and Cannon Road. Question 1: Please provide the dimensions of the new separate, pedestrian/bike bridge. Answer: The proposed prefabricated steel bridge will be approximately 122 feet in length and 12 feet in width. Question 2: Please explain the next steps of the project. Answer: Staff, with the support of Kleinfelder, Inc., will continue working on obtaining _easements and permits and developing the project plans and specifications. Staff anticipates returning to City Council with a request to approve easements required to construct the project later this year. Staff anticipates returning to City Council with a request to approve plans and specifications and authorize bidding the project in early 2020. Agenda Item No. 4 -Determination of Deficient Street Segments According to the Growth Management Plan Question 1: In 2015, the city exempted four street segments from the LQS performance standard. What has the city done to implement TDM/TSM measures as required by the General Plan and how are we measuring and reporting on the results? Answer: Since adoption of the 2015 General Plan update, the city, through the discretionary review/CEQA process, has required TDM plans from a number.of projects that add traffic to exempt street segments, including ViaSat, Uptown Bressi, North Coast Medical Plaza and two hotel projects. Larger light industrial projects in the Palomar Airport corridor have also been condit~<_:med to implement a site-based TDM program, including the Pacific Commerce Center and.future tenants of other new industrial buildings. · . :· In February 2019, the City Council approved a TDM ordinance that applies TDM requirements to new developments (discretionary and ministerial) that generate-110 or more employee automobile trips: This 9rdinance became effective on April 11, 2019, and is being carried out through planning and building permit review processes. Some early examples of projects City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Honorable Mayor Hall and Members of the City Council July 16, 2019 Page 2 subject to the ordinance include Macy's, Havas Edge, Gemological Institute and Encina Wastewater Authority. In conjunction with the ordinance, the City Council also adopted a citywide TDM plan in February and provided direction to seek consulting services to implement a citywide TDM program that would, among other things, conduct review and monitoring of project-specific TDM plans for all businesses as well as the City of Carlsbad organization, and monitor efforts of the citywide TDM program. The City Council directed that the consultant study how to incorporate Homeowner Associations and Schools into the citywide TDM program. City staff has selected a consultant to administer the program through a Request for Proposal process and staff will present the recommended contractor and contract to City Council for approval in August. The first monitoring reports for those projects subject to the ordinance are due to the city within 18 months or 75% occupancy of the completed project, whichever occurs first. We anticipate the first reports to be submitted in the next 6 to 12 months as those projects subject to the TDM ordinance complete construction. While some projects such as ViaSat have partially completed their facilities, they are still under construction and have not fully implemented their required TDM plans. Since the city's TDM program and ordinance requirements are in the early stages of implementation, no monitoring or effectiveness data have been produced to date. A number of the projects where TDM was required are still in various stages of construction and occupancy, so individual TDM plans have yet to be fully operationalized and therefore data is not yet available to measure the outcomes of those TDM efforts. The city has implemented various TSM-related activities in recent years that inclusively represent the Adaptive Signal CIP project. This project includes a citywide upgrade of traffic signal equipment that will allow adaptive signal operations. This project installed monitoring equipment that will allow staff to evaluate the effectiveness of the program to increase signal operations reliability and effectiveness. Staff is collecting baseline data that will be included in a before/after study recording the project's success. The equipment installed supports future connected vehicle and autonomous vehicle technology. Question 2: Please provide the Staff Report from October 2018, related to Growth Management Program and Plan history. Answer: The requested hardcopy Staff Report is available with Andrea Dykes, and can also be found electronically at the link below: http://edocs.ca rlsbadca .gov /H PRMWeb Drawer /Record HTML/518017 cc: Celia Brewer, City Attorney Scott Chadwick, City Manager