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HomeMy WebLinkAbout2021-12-07; City Council; ; Authorization to Execute an Agreement with Nasland Engineering for Engineering Design Services for the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements ProjectMeeting Date: Dec. 7, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Brandon Miles, Associate Engineer brandon.miles@carlsbadca.gov, 760-602-2745 Subject: Authorization to Execute an Agreement with Nasland Engineering for Engineering Design Services for the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Project District: 3 Recommended Action Adopt a resolution authorizing execution of a professional services agreement with Nasland Engineering, a California corporation, to provide engineering design and environmental services for the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Project. Executive Summary This project will make improvements to a 2.5-mile portion of the Coastal Rail Trail along Avenida Encinas between Palomar Airport Road and Cannon Road (see Exhibit 2 for location map). The project includes new enhanced bicycle facilities, pedestrian ramps, new sidewalks where there are missing gaps, enhanced intersection treatments for improved bicycle and pedestrian safety, and traffic calming with a road narrowing at selected locations along the corridor. Carlsbad Municipal Code Section 3.28.060(D)(5) requires the City Council to approve agreements when the value exceeds $100,000 per agreement year. The proposed agreement with Nasland Engineering is in an amount not to exceed $899,020, so the agreement is subject to this requirement. Discussion In July 2017, the city was awarded grant funding from the Active Transportation Program from the California Department of Transportation, or Caltrans, to construct a portion of the Coastal Rail Trail along Avenida Encinas between Cannon Road and Carlsbad Boulevard. The statewide grant funding program was created to encourage increased use of active modes of transportation. Since then, the city has constructed the project segment between Cannon Road and Palomar Airport Road (Segment 1) with funding from a separate Capital Improvement Program project, including a road narrowing with enhanced/buffered Class-II bike lanes. (Class II bike lanes run along streets and are delineated by pavement striping and signs.) The enhanced intersection at Cannon Road and Avenida Encinas, as proposed in the original project scope of work, will be Dec. 7, 2021 Item #7 Page 1 of 33 constructed as part of another city project, the Terramar Area Coastal Improvements Project (CIP Project No. 6054). This project proposes to complete the remaining portion of the Avenida Encinas Coastal Rail Trail from Palomar Airport Road to Carlsbad Boulevard. This remaining portion is a major public transit corridor that includes five North County Transit District transit stops including the Carlsbad Poinsettia Coaster Station at the center of the project corridor. The grant was originally awarded to fund a portion of the costs of improvements along the project corridor. To facilitate the use of the grant and meet the grant timeline requirements, staff are coordinating with the San Diego Association of Governments and Caltrans to rescope the project and use the grant only for construction of the segment between the Coaster station and Carlsbad Boulevard (Segment 2). This change in the scope of work will need to be reviewed and approved by Caltrans. Improvements in Segment 2 includes striping modifications, enhanced bike lanes, enhanced intersection treatments including curb extensions, traffic calming measures and high-visibility crosswalks The portion of the project corridor between Palomar Airport Road and the Poinsettia Regional Transit Station (Segment 3) will require widening of the existing roadway to accommodate new sidewalks and wider bikeway facilities. Construction of the improvements in this portion will be complex and require evaluation of the environmental impacts following project design, including property acquisition, utility undergrounding, habitat impacts and possible mitigation and obtaining the required permits. Proceeds from the traffic impact fee the city assesses on developers will pay for the for engineering design, environmental assessment and construction phases of this portion of the project. The proposed agreement will require the Nasland Engineering consulting team to perform various engineering and environmental tasks for both Segments 2 and 3. These tasks are: • Land surveying • Right of way verification and land acquisition • Hydraulic and hydrological studies • Geotechnical engineering investigation • Multi-modal transportation analysis • Public outreach services • Civil engineering design plans • Railroad and utility coordination • Stormwater quality management plan • Construction cost estimates • Permitting and recommendations for appropriate environmental processing • Bid and construction support Staff posted a request for qualifications to advertise for the professional services and select a qualified consultant for engineering design and environmental assessment of the project on July 12, 2021. On Aug. 9, 2021, the city received seven proposals. A selection panel comprised of city staff evaluated and ranked the proposals based on best value-criteria, in keeping with Carlsbad Municipal Code sections 3.28.050 – Procurement of goods, (D)(2) and 3.28.060 - Procurement of professional services and services. Dec. 7, 2021 Item #7 Page 2 of 33 Although the selection panel ranked another consultant as the most qualified, negotiations with the first-ranked firm were terminated when a fair and reasonable price could not be negotiated. Staff then began negotiations with the second-ranked firm, Nasland Engineering, over the final scope of work and fees and agreed upon an amount not to exceed $899,020. The term of this agreement will be for a period of three years from the effective date. The City Manager may amend the agreement, or parts of it, to extend the term for two additional one- year periods. Traffic and Mobility Commission input Staff provided a presentation to the Traffic and Mobility Commission and sought input on the conceptual plan of the Avenida Encinas Coastal Rail Trail on June 7, 2021. No vote was taken. Attached as Exhibit 3 are the approved minutes of this meeting. Options Staff provide the following options for the City Council’s consideration: 1. Adopt a resolution authorizing execution of a professional services agreement with Nasland Engineering to provide engineering and environmental services for the Avenida Encinas Coast Rail Trail Project, in an amount not to exceed $899,020 Pros • Staff determined that the Nasland Engineering proposal provides the best value to the city • Sufficient funding is available for the agreement, including the grant funding from the Active Transportation Program The project can be started and completed at the earliest opportunity Cons • None identified 2. Do not adopt a resolution authorizing execution of an agreement with Nasland Engineering. Pros • None identified Cons • Rejection of all proposals will delay the project • Future solicitation efforts would consume additional staff time and expenditures • Delay in starting the engineering design of the project will result in missing the deadline requirements for the Active Transportation Program grant. Staff recommend Option 1 for the City Council’s approval: adopt a resolution authorizing execution of a professional services agreement with Nasland Engineering to provide engineering services for the project in an amount not to exceed $899,020. Fiscal Analysis The city has been awarded $1,776,000 in Active Transportation Program grant funds through Caltrans for project construction purposes only. The city will provide an additional match of $5,177,000 from traffic impact fees for planning, environmental, engineering design and construction, for a total project funding allocation of $6,953,000. A total of $2 million has been appropriated to CIP Project No. 6004 during the fiscal year 2021-22 budget process. An amount of $3,177,000 has been scheduled to be appropriated for the project in fiscal year 2022-23. Dec. 7, 2021 Item #7 Page 3 of 33 Sufficient funds are available to complete engineering design and environmental assessment for the project corridor. Staff are coordinating with Caltrans to rescope the project and use the grant funding for construction of just the Segment 2 improvements. Construction of Segment 3 improvements will be financed with traffic impact fee funds. The available funds and estimated engineering costs for the project are: Avenida Encinas Coastal Rail Trail CIP Project No. 6004 Total appropriation to date $3,776,903 Total expenditures/encumbrances to date $187,993 Total available funding $3,588,910 Additional project costs Professional services agreement – Nasland Engineering $899,020 Staff engineering and administrative costs (estimated) $200,000 Total estimated costs $1,099,020 Remaining balance $2,489,890 Additional appropriation requested $0 Next Steps Once the agreement is approved by the City Council and fully executed, staff will issue a purchase order and a notice to proceed for engineering design and environmental services of the project. Staff anticipate the engineering design to begin in December 2021. This segment of the project is expected to be completed in late 2023. Environmental Evaluation (CEQA) This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Location map 3. Minutes of the June 7, 2021 Traffic and Mobility Commission meeting Dec. 7, 2021 Item #7 Page 4 of 33 RESOLUTION NO. 2021-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH NASLAND ENGINEERING, A CALIFORNIA CORPORATION, TO PROVIDE ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT EXHIBIT 1 WHEREAS, the City Council has determined it necessary, desirable and in the public interest to design and construct the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, Capital Improvement Program, or CIP, Project No. 6004 (Project), which would include the city undertaking engineering design and environmental assessment; and WHEREAS, on Aug. 9, 2021, staff received seven proposals from consultants for preliminary engineering design and environmental assessment of the Project; and WHEREAS, subsequent to a review of the proposals based on best-value criteria consistent with Carlsbad Municipal Code Sections 3.28.0S0(D)(2) and 3.28.060, staff ranked another consultant as the most qualified consultant for the Project, yet negotiations with the first-ranked firm were terminated when a fair and reasonable price could not be negotiated; and WHEREAS, staff then began negotiations with the second-ranked firm, Nasland Engineering, a California corporation, and negotiated a final scope of work and fees for the Project; and WHEREAS, staff and Nasland Engineering have negotiated the scope of work and associated fee in an amount not to exceed $899,020 to provide professional engineering design and environmental assessment services for the Project over an initial term of three years with two additional one-year extensions if authorized by the City Manager; and · WHEREAS, the Project is financed with Traffic Impact Fees and an Active Transportation Program grant funded by the California Department of Transportation (Caltrans); and WHEREAS, sufficient funding is available to complete the preliminary engineering design and environmental assessment of the Project; and WHEREAS, the City Planner has determined that in accordance with Public Resources Code Section 21065, the action to award a professional services agreement for engineering design services does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment or a reasonably Dec. 7, 2021 Item #7 Page 5 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Attachment A PSA22-1725TRAN AGREEMENT FOR CIVIL ENGINEERING SERVICES FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL NASLAND ENGINEERING n THIS AGREEMENT is made and entered into as of the Ii:;_. day of I x~J_/1")\_ fu..JiJ , 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Nasland Engineering, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in civil engineering. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering. C. Contractor has submitted a proposal to City under Request for Proposals RFP22- 1540TRAN 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 two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE 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 eight hundred ninety-nine thous.and twenty dollars ($899,020). 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 Dec. 7,2021 Item #7 Page 7 of 33 Dec. 7, 2021 Item #7 Page 7 of 33 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 attorneys’ fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 8 of 33 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: DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 9 of 33 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. DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 10 of 33 For City For Contractor Name Brandon Miles Name Larry Thornburgh Title Associate Engineer Title Project Manager Department Public Works Address 4740 Ruffner Street City of Carlsbad San Diego, CA 92111 Address 1635 Faraday Av Phone No. 858-292-7770 Carlsbad, CA 92008 Email larryt@nasland.com Phone No. 442.339.2745 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST 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 categories. Yes ☒ No ☐ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 11 of 33 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. 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. 21. 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. 22. 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. 23. 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 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 12 of 33 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. 24. 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. 25. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 13 of 33 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 15 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 ~ Nasland SCOPE OF SERVICES T (858) 292-7770 4740 Ruffner Street San Diego, CA 92 111 nasland.com This project proposes balanced multi-modal user enhancements to Avenida Encinas from Palomar Airport Road to Carlsbad Boulevard . The project includes two segments: Segment 2 -Coaster Station southerly to Highway 101 Segment 3 -Palomar Airport Rod to the Coaster Station Segment 2 will proceed with CEQA Environmental compliance on ly with a goal of awarding a contract for construction by August 2022. Segment 3 will processing with CEQA and NEPA Environmental compliance. This project is state and federally funded for construction phase only with an Active Transportation Program grant. In addition, the project is required to meet the guidelines of the: 1. 2 CFR 200 - C ode of Federal Regulations, Part 200 -Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (https://www.ecfr.gov/cgi-bin/ECFR?page=browse), 2. Local Assistance Procedures Manual (http://www.dot.ca.gov/hg/LocalPrograms/lam/lapm.htm), 3. Local Assistance Program Guidelines (http://www.dot.ca.gov/hq/LocalPrograms/lam/lapg.htm), 4. Highway Design Manual (http://dot.ca.gov/design/manuals/hdm.html), 5. Active Transportation Program (https://dot.ca.gov/programs/local-assistance/fed -and- state-programs/active-transportation-program) 6. Standard Plans and Specifications as outlined by Caltrans (https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications). Project Assumptions • • • • • • Proposal is based on RFP including Exhibit B dated March 2021 . Existing Utilities will be depicted based on record drawings provided by the City. An allowance for potholing is included. All services performed by Nasland is provided pursuant to Civil Code Section 2782, et seq., which is expressly integrated into and made a part of any contract or agreement. Any retaining walls proposed would be per loca l standard drawings . It is assumed any dry utility design or relocation would be performed by the franchise utility, this proposal assumes coordination only. Any fencing design would be per loca l standard drawings, or provided by the City . Project Element 1 -Project Management Includes project management, project meetings, invoicing, etc. The Consultant shall: • Attend one (1) kick-off meeting • Attend team meetings to review design progress with City staff (10 assumed) • Prepare monthly status reports detailing progress and budget at the individual task level • Prepare meeting minutes and submit to the City within five (5) business days • Conduct other project management activities, including subconsultant management, general project correspondence, and quality control/assurance. • Public Outreach Services -The Consultant shall utilize public outreach for coordination Civil Eng ineering Sur veying Land Planning Dec. 7, 2021 Item #7 Page 16 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nasland and to inform the public of the project progress and status. Prepare outreach material included presentation material, meetings, coordination, and publi c meetings with residents and businesses as necessary. • Attend and prepare presentations for two (3) Traffic and Mobility Commission meetings to present the 30% and 90% plans for public review and comment. Assumes Segment 2 and 3 will have separate presentations for the 90% plans • Attend and prepare presentations for one (1) City Council meeting • ATP Grant Support -Assist the City of Carlsbad in review comments and preparation of submittals to Caltrans Local Assistance. Project Element 2 -Investigations 1. Surveying Services -The Consu ltant shall conduct a survey that meets requirements needed to prepare detailed construction plans for intersection improvements. All surveys shall be based on City of Carlsbad standards and delivered in an AutoCAD format using NAO '83 horizontal and NGVD '29 vertical datum, in cluding ASCII point files of all survey ties made. An existing base map of the site shall be provided to the city in .dwg and .pdf format upon completion of the survey services. Obtain base mapping for use in concept and design phase . Perform a project topographic survey in areas of road widenings and/or curb bulb-outs. Perform a right-of-way survey to establish the City/NCTD right-of-way between Pa lomar Airport Road and the Coaster Station for Segment 3. Right-of-way for Segment 2 will be depicted from available records. 2. Traffic Analysis -In cludes up to two meetings with City Staff to review approach and results of the traffic and mobility analysis. • Multi-Modal Level of Service --The Consultant shall provide multi-modal transportation ana lysis in cluding Multi-Modal Level of Service (MMLOS) for bicycle and pedestrian modes at up to five roadway segments on Avenida Encinas. This will be carried out in accordance with the MMLOS methodology set out in the City of Carlsbad Traffic Impact Analysis (TIA) Guidelines (2018). Mobility Element Po licy 3-P.4 provided direction for the MMLOS methodology in the TIA Guidelines and states that Level of Service (LOS ) D should be maintained for each mode of travel for which the MM LOS standard is applicable. Consultant will coordinate with City staff and obtain the latest version of the MMLOS Tool to aid the MMLOS methodology and to determine the MMLOS "grade" and corresponding LOS standard for two alternatives for the Existing and the Existing + Project scenarios. • Video Documentation: Consultant will collect video data on the project corridor for each mode (vehicle, bicycle , and pedestrian) of travel analyzed. Video data will be co llected during the peak hour and a typical non-peak hour (as determined by ADT counts). The video data will inform the MMLOS analysis and provide a record of existing mobility characteristics on the corridor. • Roadway capacity analysis shall be conducted where road diets are proposed including collection of Average Daily Traffic volumes (ADT) at up to five locations on Avenida Encinas. Roadways shall be evaluated using th e most current version of the Highway Capacity Manual, as outlined in the City's General Plan Mobility Element (2015). If applicable to Avenida Encinas, Consultant will use the most recent Roadway Se rvi ce Volume Tables Report which sets out the directional capacity for each roadway segment. • Intersection Traffic Operations Analysis will be conducted at major intersections including Palom ar Airport Road, Poinsettia Ln, and Carlsbad Blvd. Th is will 2 Civil Engineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 17 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nas land include level of service and delay. • Warrant Analysis for the Pedestrian Devices: The Consultant wi ll perform warrant analyses consistent with MUTCD guide lines and City standards for enhanced pedestrian and bicycle crossings at intersections and/or midblock locations. • VMT Memo: The assumption is the project will have a less than signifi cant VMT impact and a detailed VMT ana lysis is not requ ired . The memo will provide justification for the project to be screened out of fu ll VMT analysis and discuss applicability of the screening criteria. 3. Geotechnical Exploration and Reporting -The Consultant shall perform geotechnica l investigations to identify structural sections for improvements, such as pavements and tra ils. Additionally, infiltration rates shall be necessary to design storm water treatment facilities. Geotechnica l Report will be prepared for Segment 3 on ly. 4. Drainage Study/Stormwater Treatment-The Consultant shall prepare a drainage report assessing the hydrological conditi ons of the tributary area and provide hydraulic analyses of the proposed system to display the ability to meet the City's Engineering Standards. Storm water regulations must be addressed to comply with the City of Carlsbad BMP Design Manual including a storm water quality management plan (SWQMP, E-35) and a standard project requirement checklist (E -36) (if required). Drainage Study will be prepared for Segment 3 only. Segment 3 is assumed to require a Green Street SWQMP due to increase in impervious surfaces. 5. Utility Potholing -Allowance for potholing of utilities not verifiable by as-bui lt drawings and/or determined to be critical to the design of the project or requiring relocations. Potholing includes traffic control set up , potholing, hot patch asphalt repairs, and pothole report for one day of field pothole vacuum excavations, estimated at 5 potholes approximately 5 feet deep. Traffic Control Fees and engineered traffic control plans are not included . Project Element 3 -Engineering Services The following eng ineering tasks are expected to be provided by the Consultant: 1. Existing Conditions Review -The Consu ltant shall review and evaluate the existing condition s and plans and compile related supplemental data, such as technical and environmental studies/reports, inform ation/maps, the City's General Plan and geographic inform at ion system (GIS) inventory/database. The Consultant shall also establish an understanding of the City's existing and proposed cond itions. 2. Utility Coordination and Relocation -The Consultant shall coordin ate utility relocation with agencies (e.g . SDG&E, AT&T, Spectrum, Crowncastle, etc.) to identify conflicts and utility und ergrounding for proposed improvements. 3. Ra ilroad Coordination -Due to the proximity to the railroad, the Consultant shall coordination with North County Transit District on right-of-way and potential impacts to accommodate proposed improvements. 4. Intersection Operations Analysis --Review intersection traffic operations and general roadway conditions including posted speed limits, pedestrian and bicycle facilities, and traffic patterns including identifying Americans with Disabilities Act (ADA) compliance issues, non- conforming and/or non-MUTCD compli ant traffic signal and lighting infrastructure and equ ipment, conflicting infrastructure, and opportunities to utilize existin g infrastructure to accommodate the traffic signal modifications as a cost savings measure. Field notes and photos will be taken to document any discrepancies on the plans with field conditions. Th is information will be reconciled with the base map created from the topographic survey to provide a comprehensive and accurate utility base for the traffic signal modification plans. 3 Ci vil Eng ineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 18 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Na sland For Pedestrian Active Warning Device location s, perform warrant analyses consistent with MUTCD guidelines and City standards. 5. Right-of-Way Acquisition -Prepare plat and legal description for proposed right-of-way acquisition. Obtain the services of a real estate consu ltin g firm (Bender Rosenthal or approved equal) to assist in providing appraisa ls for requ ired additional right-of-way and assist in the right-of-way acquisition process. 6. Engineering Design Services -The Consultant shall perform design services to provide multi-modal user enhancements to Avenida Encinas from Palomar Airport Road to Carlsbad Boulevard based on preliminary concepts previously presented to the City's Traffic and Mobility Commission (Exhibit B). Construction documents and plan requirements are outlined in the City of Carlsbad standards, LAPM, LAPG, Highway Design Manual, and Caltra ns Standard Plans. The design shall address accessibility during all phases of construction. Construction plans sha ll be submitted to the city for review at 30%, 50%, 90%, and 100% design intervals. The City will provide a specification template to the Consu ltant. The City's specifi cations are currently based on the "Greenbook" and the City of Carlsbad standards. The Consultant shall ed it the technical specifications as needed to meet project needs. The format of the design submittals shall be as follows: a) Concept Plans depicting proposed improvements and assessment for environmental impacts, right-of-way, and cost impacts. b) 60% Subm itta l -sha ll be subm itted with scalable digital files. At th is stage, publi c outreach and coordin ation is expected to incorporate any desired changes. An outline of the specifications shall be provided for the 50% submittal; all necessary sections shall be identified. Desired changes to city's technical specifi cations shall be identified. c) 90% Subm ittal -shall be submitted with scalable digital files . Complete set of specifications covering all aspects of the Project shall be submitted with the 90% design drawings d) 100% Submittal -plans shall be submitted scalab le digital files. Complete set of specifications, including all City's comments, and sha ll be ready for bidding purposes. e) All specification s shall be submitted digitally using latest version of MS Word f) The Consultant shall prepare quantities and engineering cost estim ates for construction and bidding purposes g) The sca le shall be 1-inch equals 20 feet for full-size drawings h) All design submittal intervals shall be submitted in both scalab le PDF and AutoCAD format. Final submittal package shall be digitally submitted. Separate plans sets for Segments 2 and 3 will be prepared and plans are assumed to include: • Title Sheet, notes, and details • Roadway Improvement Plan and Profile • Drain age Improvement • Striping and Signage Plans • Traffic Signal Modification Plans (Pa lomar Airport Road, Poinsettia Lane, Lakeshore Gardens, Ca rl sbad Blvd) • Pedestrian Active Warning Devices • Erosion Control Plans (Segment 3 only) • Green Street BMPs, Landscape and Irrigation Plans (Segment 3 only) Project Element 4 -Permitting and Environmental Processing Services Perform Environmental Investigations, Technical Reports, Environmental Document, and Permit 4 Civil Engineering Sur veying Land Planning Dec. 7, 2021 Item #7 Page 19 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nasland Applications in Support of the Project. Environmental Investigations would include: • Biological Study • Cultural Resources Study Technical Reports: Prepare the following technical reports to support both CEQA and/or NEPA environmental compliance documents. Technical reports prepared for NEPA will follow the Caltrans/Federal Highway Administration format, and those required for CEQA will follow City format. • Community Impact Memo (NEPA) • Phase 1 Environmental Site Assessment (NEPA) • Biological Resources Technical Report and Carlsbad Habitat Management Plan Consistency Report (CEQA) • Cultural Resources Technical Report (CEQA) • Air Quality and Greenhouse Gas Emissions Technical Letter Report (CEQA; construction only) • Noise Technical Letter Report (CEQA; construction only) Assist the City in the preparation of environmental reports, permitting and processing including: • Prepare Preliminary Environmental Study (PES) Form for Segment 2 and attend field review meeting • Provide NEPA support services to City and Caltrans to process a NEPA Categorical Exclusion for Segment 2 • Prepare CEQA Initial Study/Mitigated Negative Declaration for Segments 2 and 3 (Draft and Final) Prepare regulatory permit application packages for the following (if applicable): o Clean Water Act Section 404 (U.S. Army Corps of Engineers) o Clean Water Act Section 401 Request for Water Quality Certification (Regional Water Quality Control Board) o California Fish and Game Code Section 1602 Notification of Lake or Streambed Alteration (California Department of Fish and Wildlife) o Coastal Development Permit (California Coastal Commission) o Federal Coastal Consistency Determination (California Coastal Commission) Project Element 5 -Bid and Construction Support Services The Consultant shall provide design support services through the bid and construction phasesof the project. Services will include responding to Requests for Information (RFls), material submittal review, design alterations during construction (as necessary). Upon completion of the project, prepare As-Built drawings from the contractor provided red -line drawings. 5 Ci vil Engineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 20 of 33 KTUA Kleinfelder Helix Fee Estimate Project Manager Project Engineer Design Engineer Survey Crew Admin Subtotal Sr Principal Manager Sr Project Engineer Project Engineer Associate Engineer Subtotal Landsacpe and Outreach Geotechnical Environmental Utility Potholing Aerial Survey Right-of-Way Acquisition 190.00$ 170.00$ 155.00$ 315.00$ 80.00$ 220.00$ 160.00$ 150.00$ 130.00$ 1 Project Management 1.1 Project Kick-off Meeting 4 4 1,440$ 2 2 760$ 2,200$ 1.2 Project Meetings and Scheduling 26 20 40 11,540$ 12 12 4,560$ 3,250$ 19,350$ 1.3 Project Management 48 48 17,280$ 12 8 3,920$ 21,200$ 1.4 Status Reports 12 40 5,480$ -$ 5,480$ 1.5 Public Outreach 16 8 8 5,640$ -$ 12,610$ 18,250$ 1.6 Traffic Mobility Commission Meetings 8 1,520$ 4 4 8 16 4,800$ 6,320$ 1.7 City Council Meetings 4 4 1,440$ 4 4 4 8 3,160$ 1,800$ 6,400$ 1.8 ATP Grant Support 8 24 5,240$ 2 24 4,280$ 9,520$ SUBTOTAL $49,580 $21,480 $17,660 $ 88,720 2 Investigations 2.1 Surveying Services 24 40 40 23,360$ -$ 12,000 35,360$ 2.a Multi-Modal Level of Service -$ 2 4 16 48 9,720$ 9,720$ 2.b Video Documentation -$ 1 4 32 5,020$ 5,020$ 2.c Roadway Capacity Analysis -$ 1 2 4 12 2,700$ 2,700$ 2.d Intersection Traffic Operations -$ 2 6 24 32 9,160$ 9,160$ 2.e Warrant Analysis for Pedestrian Devices -$ 2 4 8 24 5,400$ 5,400$ 2.f VMT Memo -$ 2 4 24 4,680$ 4,680$ 2.4 Geotechnical Report -$ -$ 49,720$ 49,720$ 2.5 Drainage Study 4 40 40 13,760$ -$ 13,760$ 2.6 SWQMP/Green Street Exempt Reports 4 24 24 8,560$ -$ 8,560$ 2.7 Utility Potholing (1 day/ 5 pothles)4 4 1,380$ -$ 6,420$ 7,800$ SUBTOTAL $47,060 $36,680 $0 $49,720 $0 $6,420 $12,000 $0 $ 151,880 3 Engineering Services 3.1 Existing Conditions Review 4 4 1,380$ -$ 1,380$ 3.2 Utility Coordination and Relocation 12 8 24 7,360$ -$ 7,360$ 3.3 NCTD Coordination 12 16 40 8 8 11,840$ -$ 11,840$ 3.4 Right-of-Way Acquisition 8 32 6,480$ -$ 40,000$ 46,480$ 3.5 Segment 2 Plan Package -$ -$ -$ Concept Plans 8 8 16 5,360$ -$ 5,360$ Title Sheets, notes, details 4 4 8 -$ Civil Design Plans (Roadway Improvements)20 60 80 26,400$ -$ 26,400$ Traffic Signal Modification Plans (3)4 4 1,380$ 6 24 90 135 36,210$ 37,590$ Enhanced Pedestrian Crossings 4 4 1,380$ 2 4 16 32 7,640$ 9,020$ Signage and Striping Plans 4 8 2,000$ 5 21 53 145 31,260$ 33,260$ Erosion Control Plans 2 8 1,620$ 1,620$ Submittals 2 16 2,860$ -$ 2,860$ Specifications 8 8 2,880$ 4 8 16 24 7,680$ 10,560$ Engineer's Cost Estimate 4 4 12 3,300$ 2 8 8 2,920$ 6,220$ 3.6 Segment 3 Plan Package -$ -$ -$ Concept Plans 16 24 60 16,420$ -$ 16,420$ Title Sheets, notes, details 4 4 16 3,920$ 3,920$ Civil Design Plans (Roadway Improvements)40 180 240 75,400$ -$ 75,400$ Civil Design Plans (Drainage)24 60 80 27,160$ -$ 27,160$ Traffic Signal Modification Plans (1)2 2 690$ 2 8 30 45 12,070$ 12,760$ Enhanced Pedestrian Crossings 2 4 1,000$ 2 4 16 32 7,640$ 8,640$ Signage and Striping Plans 2 4 1,000$ 3 11 27 75 16,220$ 17,220$ Erosion Control Plans 4 4 16 3,920$ 3,920$ BMP/Landscape and Irrigation Plans 2 2 8 1,960$ -$ 24,480$ 26,440$ Submittals 16 2,480$ -$ 2,480$ Specifications 8 8 2,880$ 4 8 16 24 7,680$ 1,200$ 11,760$ Engineer's Cost Estimate 8 4 16 4,680$ 2 8 8 2,920$ 1,670$ 9,270$ SUBTOTAL $215,750 $132,240 $27,350 $0 $0 $0 $0 $40,000 $ 415,340 City of Carlsbad Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Fee Estimate Nasland Engineering STC Traffic Inc DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 21 of 33 KTUA Kleinfelder Helix Fee Estimate Project Manager Project Engineer Design Engineer Survey Crew Admin Subtotal Sr Principal Manager Sr Project Engineer Project Engineer Associate Engineer Subtotal Landsacpe and Outreach Geotechnical Environmental Utility Potholing Aerial Survey Right-of-Way Acquisition 190.00$ 170.00$ 155.00$ 315.00$ 80.00$ 220.00$ 160.00$ 150.00$ 130.00$ City of Carlsbad Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Fee Estimate Nasland Engineering STC Traffic Inc 4 Permitting and Environmental Processing Services 4.1 Environmental Project Management 40 40 40 17,000$ 16,195$ 33,195$ 4.2 Biology Study 2,520$ 2,520$ 4.3 Cultural Resources Study 2,200$ 2,200$ 4.4 Environmental Constraints Memorandum 5,225$ 5,225$ 4.5 Technical Reports -$ BTR/HMP Consistency 17,890$ 17,890$ Cultural Resources 8,240$ 8,240$ Community Impact Memo 3,750$ 3,750$ Air Quality/GHG 5,940$ 5,940$ Phase 1 20,155$ 20,155$ Noise 6,775$ 6,775$ 4.6 PES and Field Meeting 8 8 2,880$ 6,705$ 9,585$ 4.7 Coastal Permit Assistance 8 8 16 5,360$ 2,520$ 7,880$ 4.8 NEPA CE 1,640$ 1,640$ 4.9 IS/MND 26,590$ 26,590$ 4.10 Permit Applications (Allowance)48,000$ 48,000$ SUBTOTAL $25,240 $0 $20,155 $154,190 $0 $0 $0 $ 199,585 5 Bid and Construcion Support Services 5.1 Bid Services 4 4 1,440$ 2 4 1,080$ 1,620$ 4,140$ 5.2 Construction Support 8 40 8,320$ 4 8 16 4,560$ 4,200$ 17,080$ 5.3 As-Builts 2 2 40 6,920$ 2 2 24 3,880$ 10,800$ SUBTOTAL $16,680 $9,520 $5,820 $ 32,020 Reimbursables 3,000$ 4,250$ 500$ 1,325$ 2,400$ 11,475$ TOTAL 357,310$ 204,170$ 51,330$ 71,200$ 156,590$ 6,420$ 12,000$ 40,000$ 899,020$ DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 22 of 33 ââ ââ ââ ââ ââââ ââ ââ ââ ââ ââââââââââRD AVENIDA ENC INAS POINSETT I A PALOMAR AIRPORT CARLSBAD BL §¨¦5 §¨¦5 LNRD CANNON PRTS PLOTTED BY: Andy Chang PLOT DATE: 9/16/2021 PATH: Z:\Brandon_Miles\LocationMaps\6004_Avenida_Encinas_Coastal_Rail_Trail\6004_LocationMap_WithVicinityMap.mxd PROJECT NAME EXHIBITPROJECT NUMBER6004 2Avenida Encinas Coastal Rail Trail LOCATION MAP CARLSBAD VISTA ENCINITAS OCEANSIDE SAN MARCOSPROJECTLIMITS è è PROJECTLIMITS è èPRTS - Poinsettia Regional Transit Station Legend ââ ââ ââ ââ Segment 1 Segment 2 Segment 3 Exhibit 2 Dec. 7, 2021 Item #7 Page 23 of 33 Page 1 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t Council Chambers 1200 Carlsbad Village Drive Carlsbad, CA 92008 Monday, June 7, 2021, 3:00 p.m. CALL TO ORDER: Acting Chair Perez called the Meeting to order at 3:01 p.m. ROLL CALL: Present: Perez, Hunter, Penseyres, Fowler and Linke Absent: Gocan and Wanamaker PLEDGE OF ALLEGIANCE: Acting Chair Perez led the Pledge of Allegiance This meeting was conducted virtually via Zoom due to the stay-at-home order for COVID-19. APPROVAL OF MINUTES: Motion by Commissioner Linke, seconded by Commissioner Fowler to approve the minutes for the May 3, 2021 meeting. Motion carried: 5/0/2 (Absent: Gocan and Wanamaker) PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: 1.Daniel Hofshi - I am a resident in the Terramar neighborhood in Carlsbad. I am writing to express my concerns about pedestrian safety specifically on Cerezo Drive between Carlsbad Blvd and Los Robles Drive. Our neighborhood is adjacent to a popular beach destination and we receive a significant amount of beach traffic and parking year-round. We also experience cut through traffic when Carlsbad Blvd gets backed up. The main beach access is via the crosswalk at Cerezo Drive and Carlsbad Blvd. Unfortunately, there is no sidewalk on Cerezo Drive. Additionally, there is street parking on both sides of the street on Cerezo Drive between Carlsbad Blvd and Los Robles. This creates a very dangerous situation. This forces pedestrians to have to walk in the middle of the street to get to the crosswalk. Vehicles travel very fast turning onto Cerezo Drive, sometimes just to cut through the neighborhood. On a weekly if not daily basis there is a close call to pedestrians walking in the middle of the street on Cerezo. I am requesting that action is taken to make this corner safe for pedestrians before someone is seriously hurt or killed. A very simple remedy would be to make “no parking” available on the south side of Cerezo between Carlsbad Blvd and Los Robles Drive. This will eliminate 2-3 parking spots. An alternative solution would be to build a sidewalk on that section of Cerezo Drive. I am requesting that you please include my concerns and email in the upcoming Traffic and Mobility Commission meeting scheduled for June 7, 2021. I have attached a map and the Google Street view showing the area I am referencing. If you have any recommendations on how to move forward with my concerns, please let me know. I can provide additional photos or video upon request to demonstrate my concerns. Thank you for your time and consideration. 2.Robin Achey - I am a resident of the Terramar Community and live on Los Robles Drive. The safety of our kids and our community is at risk every single day. Cerezo drive feels like a boulevard. It is way too small of a street and it literally feels like an actual intersection trying to navigate it. Terrible blindspots from the parked cars, surfers with their doors open EXHIBIT 3 Dec. 7, 2021 Item #7 Page 24 of 33 Page 2 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t putting their wetsuits on in the street, people doing U turns and so forth. The flow of traffic is absurd. By 9 AM on Thursday both sides of Cerezo were lined with cars up and down. Cars have to drive in the opposite lane to get around. It is so hazardous and barely any room for cars on the road let alone pedestrians trying to navigate. It’s absolutely terrifying. Please help us get no parking signs on Cerezo Drive both sides & cross walks on Cerezo Drive/Los Robles & El Arbol. Putting in a possible four-way stop sign is great but not enough.I f we eliminate parking it will greatly decrease the amount of turnarounds. I am a mother and have two young kids ages 6 and 4. The anxiety I have to feel every single day just going for a walk or to the beach with my kids overrides my joy for living in this beautiful community. There are numerous families in our community that feel the exact same way. Please, our lives are at risk every day. It’s sad. In addition to the needs on Cerezo Drive our streets are also missing/needing: Red Curb on the corners/entrance of Cannon/Los robles and Cannon/El arbor. Cars come flying into our neighborhood and there is no visibility because cars are allowed to park right there. Cannot tell you how many times we’ve almost gotten hit**Visible speed limit signs/other slow down signs. Speed bumps (people often come through at 40- 50+ mph) As a mother I’m just not willing to sit back and let this keep going on. Terramar is a beautiful, sacred community (not to mention extremely expensive to live in.) Surely, we can provide the necessary safety precautions to protect the residents. These videos were taken a couple of months ago. Now it’s summer and we are at even more peak times. You get the idea how what it’s like though. 3. Carol Scurlock - The intersection of Cerezo and Los Robles, in the Terramar neighborhood, has a large percentage of cars going east making u turns to go back to Carlsbad Blvd for parking. Cars travel quickly because they want to catch the green lite at the Blvd to turn South. Cerezo is an extremely dangerous street due to parking on North and South sides, surfers with open doors and boards on the street, families walking in the street to the beach, and on and on. No sidewalks and fast surfer and tourist traffic make for fatalities waiting to happen. I walk every day on that street and know full well the dangers. This afternoon was so close I truly thought they collided, and I had just been right there walking our dog. I talk with lots of surfers and beach goers and everyone, without exception, believes the area needs a four way stop. Someone in the City responded that traffic would back up to the Blvd. That could happen if a signal were put in, but not with stop signs, it' s just stop and go. Traffic would flow easily and safely. Please oh please, listen to reasoning and help get this done. 4. Linda Daniels - As a resident of Carlsbad and an owner of a mountain bike and a street bike, I was also considering an electric bike to cut down on carbon emissions in Carlsbad, However, I do not feel safe as the bike lanes are not as well marked as they are in Encinitas! Their green charros and bright green paint make it much safer! Promoting the use of all types of bikes could have a dramatic effect on the Carlsbad residents - exercise is healthy! No gym membership required! And GHG emissions would be reduced for easier breathing! I am suggesting that all bike lanes be painted bright green with an image of a bicycle at intervals in the lane. Signage is needed for the motorists which will alert drivers to the presence of the bike lanes and the need to keep 3 feet of clearance to bikers. As I live in Old Carlsbad, going downtown would be easy and require no need for a parking space! (allowing our tourists easier parking) I think that if we gave the Carlsbad residents the ability to ride safely on the entire Coast Highway in Carlsbad, we would see more cyclists, have a healthier community and we would contribute less GCHG emissions! I am a member of the Sierra Club MyGen branch in Carlsbad and understand we have challenged your department to re-paint the existing bike lanes and add the charros and signage. Please act on this! Our city needs visible, safe bike lanes. Thank you for your attention. 5. Brenda and Paul Washicko - We are residents in the Terramar neighborhood in Carlsbad. We are writing to express our concerns about pedestrian safety on Cerezo Drive between Carlsbad Blvd and Los Robles Drive. Our neighborhood is adjacent to a popular beach destination and we receive a Dec. 7, 2021 Item #7 Page 25 of 33 Page 3 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t significant amount of beach traffic and parking year-round. We also experience cut through traffic when Carlsbad Blvd gets backed up. The main beach access is via the crosswalk at Cerezo Drive and Carlsbad Blvd. Unfortunately, there is no sidewalk on Cerezo Drive. Additionally, there is street parking on both sides of the street. This creates a very dangerous situation. This forces pedestrians to have to walk in the middle of the street to get to the crosswalk. Vehicles travel very fast turning onto Cerezo Drive, sometimes just to cut through the neighborhood. On a daily basis, there is a close call to pedestrians walking in the middle of the street on Cerezo Drive. We are requesting that action is taken to make this corner safe for pedestrians before someone is seriously hurt or killed. A very simple remedy would be to make “no parking” available on the south side of Cerezo between Carlsbad Blvd and Los Robles Drive. This will eliminate 2-3 parking spots. 6. Brad Smith - We have been residents on Los Robles Drive for ten years. We are adjacent to Cerezo Drive. Much has changed over the last few years with beach parking, people sleeping in their vehicles and speeding through the neighborhood. The stretch of Cerezo Drive from Carlsbad Blvd to Los Robles is a very dangerous situation. Beachgoers who live or park in the neighborhood are literally risking their lives to make it to the crosswalk. There are no sidewalks and when cars are parked on Cerezo (constantly) the only access for pedestrians is in the middle of the street. This issue is magnified by the north bound vehicular traffic that cut through the neighborhood to avoid traffic on Carlsbad Blvd. Vehicles consistently turn quickly onto Cerezo Drive from Carlsbad Blvd then left on Los Robles at high rates of speed or they use the intersection of Cerezo Drive and Los Robles as a roundabout. People continue to flock to the neighborhood to sleep in their cars and vans. The issue has grown considerably in the last few years and there has been no enforcement to discourage this situation. The byproduct of this situation is a constant source of trash, human waste and general disrespect for the neighborhood. There is also an uneasy feeling for folks in the neighborhood that are concerned about the safety of their children. Beachgoers park in the neighborhood to access the beach. Unfortunately, there is very little street parking for the residents, guests, delivery trucks, construction and home maintenance services. The beach parking starts at first light and can go well into the night. Beachgoers park in front of mailboxes, leave trash behind, BBQ on the streets, gather to hang out, play loud music, utilize front yards for beach preparation, etc. I know there are many variables to these situations and government agency frameworks. Yet, we as a neighborhood are highly frustrated and need to make headway on some solutions. I recognize there will be many experienced people discussing these situations, but I would like to make a couple of suggestions as one of the people that deal with this every single day. 1. Paint the curbs red on Cerezo Drive from Carlsbad Blvd. to Los Robles Drive or install a sidewalk. 2. Create a parking permit for the residents. This is done in several beach communities in Southern California that have beach access points within residential neighborhoods. We appreciate the City of Carlsbad taking time to review the situation. We are ready to work on solutions; these issues have been mounting for some time now and getting worse. 7. Diane Barry – I am a concerned resident who lives in Terramar on Los Robles Drive and a neighbor of Robyn Achey. I definitely support enforcing stricter rules for driving and parking in our neighborhood. Below are items of concern and a few suggestions. Thank you so much for getting involved. We appreciate all that you can do for us. I'm sure if you were experiencing this in your neighborhood you would want something to be done. Please include my concerns in the TMC Meeting Record. Overnight/Day Use Parking Concerns: • People sleeping/living out of their cars use the bamboo as a bathroom on Cerezo • Leave Trash, excrement, condoms, cigarette butts, vaping cartridges. Dec. 7, 2021 Item #7 Page 26 of 33 Page 4 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t • Beach Goers • Using Residents front yard' for picnics/BBQs • Blocking driveways - Elderly resident was bullied while trying to pull into his driveway. He inched closer to his blocked driveway. The men started to threaten him. • Parking in front of homes for the whole day • Changing out of wetsuits in yards - leaving trash, damaging landscaping & irrigation. Recommendation: 1-2-hour limit on parking. Terramar Resident permit parking. No parking between 9:00PM - 5:00AM. Car needs a Terramar permit. See San Clemente’s Parking Permit instructions. This deters non-resident overnight parking. https://www.san-clemente.org/i-am-a-/resident/parking-permits Pedestrian/Resident Safety – Concerns: • U TURNS @ Cerezo/Los Robles/El Arbol - Drivers do this quickly without looking. • AM Commuters trying to bypass Cannon light & PM Commuters/anytime the Blvd. is backed up • Racing down Los Robles/El Arbol – 35+MPHs • Tense/Threatening confrontations - Flagging drivers to slow down. Speeders will flip a finger and yell. Verbal confrontation in front of our house. • Cars at Manzano Dead End during sunset - Drinking, smoking, loud music and trash are a concern. NO PARKING signs, but no one there to enforce. • Cars parked on Cerezo block pedestrians. Cars don't see us when they are turning into our neighborhood. This is dangerous for ALL pedestrians. Recommendations: • No Left Turn-from Cannon - Los Robles/El Arbol between 6:00AM - 9:00AM - Monday - Friday • No Right Turn onto Cerezo between 3:30PM - 7:00PM - Monday - Friday • Carlsbad Police Sit in neighborhood during times above. • Speed bumps/humps – They were installed on Donna Drive. • Lower Speed Limit - Spray Speed Limit on road. Radar sign showing speed. • No U Turn signs @ Cerezo/Los Robles /El Arbol 8. Former Vice-Chair Jonnie Johnson of the Traffic & Mobility Commission and a 40-year resident of Terramar, I am requesting the following changes be made to the City’s Residential Traffic Management Program. 1. Include beach proximity to the program scoring criteria. The current Residential Traffic Calming Program factors addresses parks and school proximity, but not address beaches (a very large park). While parks and schools are important, they do not have 7-day-a week traffic. The program also cites monitoring traffic weekdays only. Please note last week, the City erected traffic monitoring equipment with cameras at 2 intersections in our neighborhood. The equipment appeared before 7 am on Tuesday and was removed before 7 am on Wednesday. When asked what the purpose of the equipment was, I was told to determine if a need for a 4- way stop sign was warranted. Which I find ironic, because it’s been an unwritten rule that stop signs are ineffective method to calm traffic. Please note the stop sign at El Arbol and Cerezo was removed years ago and replaced with a yield sign. When asked why, the traffic engineer stated stop signs don’t guarantee stops. Dec. 7, 2021 Item #7 Page 27 of 33 Page 5 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t 2. Expand monitoring to include weekends. Carlsbad has a seven-mile coastline. Everyone knows the beach brings traffic, especially on the weekend. To ignore this factor does not present a true/complete picture. Keep in mind, incomplete surveys are presented to management, traffic commissions to base their decisions. For many years, Terramar has reported problems with speeding, U-turns, overnight parking, etc. to no avail. Primarily, because the monitoring was performed weekdays. I urge you to start incorporating and adding these factors/procedures. The plan is 10 years old and desperately needs these additions. CONSENT CALENDAR: This item was pulled for discussion by Commissioner Linke 1. 2021 SLURRY SEAL AND FOG SEAL, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6001-21SS - Support staff’s recommendation to implement the 2021 Slurry Seal and Fog Seal, Capital Improvement Program (CIP) Project No. 6001-21SS - (Staff Contact: Jonathan Schauble and Hossein Ajideh, Public Works) DISCUSSION: Commissioner Linke mentioned that two drawings associated with the slurry seal project are not the latest version of the lane configuration. Traffic Engineer Kim agreed about both points and said that they will make those corrections to the 2021 Slurry Seal and Fog Seal Project No. 6001-21SS. Vice-Chair Perez inquired about the timing of the slurry seal and the road improvements on Canon Road and College Boulevard and El Camino Real CIP projects 6042 and 6071. Engineering Manager Ajideh said that the construction will come first, then the slurry. ACTION: Motion by commissioner Linke, seconded by Commissioner Hunter to approve staff’s recommendation to implement the 2021 Slurry Seal and Fog Seal, Capital Improvement Program (CIP) Project No. 6001- 21SS Motion carried: 5/0/2 (Absent: Gocan and Wanamaker) DEPARTMENTAL REPORTS: 2. POLICE MONTHLY REPORT – (Staff Contact: Sgt. Scott Meritt, Police Department) Sergeant Meritt presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). DISCUSSION: Sergeant Meritt stated that in the month of May they continued their e-bike enforcement and education which includes a video through their School Resource Officer Program. The Motor Officers have been asked to include extra patrols in the school zones in the morning hours. Near Sage Creek high school, a student riding his e-bike ran into the rear of the vehicle, fell off the bike and sustained a leg injury and road rash. The cyclist was determined to be most at fault traveling at an unsafe speed for the conditions. Dec. 7, 2021 Item #7 Page 28 of 33 Page 6 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t Commissioner Penseyres asked if there were noise enforcements on Carlsbad Boulevard in the north, near the roundabout. In that location, there is noise from the motorcycles as well as the illegal driving by them moving into the bike lane, sometimes cars do that. Sergeant Meritt stated that the noise enforcements are ongoing. As for the north end of the city where the merging of the lanes occurs, he will bring that concern to the Traffic Division Officers to monitor. Hopefully their presence and some enforcement will calm the problems. Commissioner Penseyres wanted to clarify that the illegal passing is from the north to south, they cross the bridge then move over to the right creating another lane in the bike lane. Commissioner Fowler is interested in learning the type and number of e-bike citation or friendly warning that people are getting. Sergeant Meritt said that the enforcement and education is focused on our younger school age population. The majority of the citations and warnings have been for helmet violations for people under 18 years old. As for adult e-bike riders most of the time it is a verbal warning to ensure that they follow the laws. Over the summer they will be looking at speed enforcement. In addition to the Traffic Division, they are working with other divisions, as a team to address these challenges. Commissioner Penseyres mentioned that he has provided Lieutenant Calderwood with about 700 bike class education cards. Sergeant Meritt said that they value opportunities to promote educational options to improve safety and will inquire about passing these cards out to the bike riders via the Police Department. Vice-Chair Perez wanted to thank Officer Sakamoto for taking the time to talk to him at school about what is going on during drop off and pick up times. He would like to know what information is collected from the crossing guards about what is going on based on what they are seeing. A crossing guard mentioned to Officer Sakamoto that when he raised the stop sign for cars, the e-bikes keep going and do not stop. Is that a moving violation? Sergeant Meritt answered that if a person runs the stop sign on an e-bike, yes, it is a violation of the California vehicle code and is a sizable violation. Bicycles are considered vehicles and are subject to the same laws. Sergeant Meritt said that they do work closely with our crossing guard program, which is a city sponsored program. They get input from them several times a week based on what they observed so that they can respond appropriately. Just last Thursday they had an issue at Valley Street and Tamarack Street where a crossing guard informed our team that people were speeding and not coming to a complete stop when they held up their stop sign. In response to the comment they send some of the Motors team to issue citations and observed exactly what was reported by the crossing guards. The crossing guards are the Motor Cops eyes and ears out there. Vice-chair Perez inquired if bike safety is within the T&MC purview. Transportation Planning and Mobility Manager Schmidt answered yes, and staff will work with the schools to gather that information for the commission. Vice-chair Perez asked if the officers are on e-bikes. Sergeant Meritt replied that they just purchased 6 e-bikes and you will start to see them in the downtown district. They just completed a training on the e-bikes. 3. AGE-FRIENDLY CARLSBAD INITIATIVE OVERVIEW– (Staff Contact: David Graham, Chief Innovation Officer, Policy and Leadership, City Manager) Staff’s Recommendation: Receive a presentation and provide input Chief Innovation Officer Graham presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Dec. 7, 2021 Item #7 Page 29 of 33 Page 7 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t DISCUSSION: Commissioner Linke summarized his suggestions: 1) Include specific action items that would ensure that new developments pay their fair share towards mobility improvements for seniors and all ages. 2) Pare down the extensive list of 29 actions with an emphasis on new actions that will directly approve facilities and services or will accelerate the pace of completing projects on our list. 3) Include more details on how the actions will be implemented with the timeframe listed so that we can effectively monitor progress. If no details or timing commitment can be provided, consider dropping that action and focus on a smaller number. Chief Innovation Officer Graham appreciated the suggestions and explained that the plan is intentionally referential to a series of other documents the city has in place. What this report is trying to do is bring together the actions the city is already doing or prospective actions, the city could do to support Age- Friendly initiatives. Chief Innovation Officer Graham will drill down even further into what elements are specific to Age Friendliness, that we need to ensure are included. They will add to the plan level of specificity of the elements that must be included as we are implementing the action plan. The feedback is very valuable and expected at this stage. Staff also values the implementation of plans and not just letting them sit on a shelf. Thank you for your comments, we will incorporate them. Commissioner Penseyres inquired about the survey sample size, reaching out to mostly tech savvy citizens (based on the survey results), and the focus on the 98% that drive their car when other groups are finding other ways of getting around town. Chief Innovation Officer Graham said that the 630-survey sample included both digital and traditional outreach methods. Traditional outreach was conducted through the senior meals program participants. They also found that if driving is no longer an option for them, they want additional options for getting around. Older adults want convenient options, they need multiple different ways of getting around as they age and want to stay in Carlsbad. As for the target age group, your age no longer defines you, it is your activity level. Commissioner Fowler is very active in the senior community and he said, if you don’t have access to public transportation or internet access, that needs to be recognized as one of their concerns. We need better transportation to get seniors that do not have a car to get to their appointments. One of the things that the Senior Community is going to do is lobby the City Council to be more responsive to SANDAG initiatives regarding moving towards public transportation; making sidewalks available, access to those with disabilities, and holding the developers accountable. Chief Innovation Officer Graham said as an action item, they will consider additional data collection around transportation preferences of our older adults and how that ties into our transportation network and planning. Vice-chair Perez would like to find a way to survey a more diverse demographic. Chief Innovation Officer Graham said that staff had the same concern and they believe that there is further research that needs to be done. Vice-chair Perez mentioned the importance of having senior living and assisted living facilities near transportation options that are safe and convenient. He emphasized the importance of working on these action items now. 4. FISCAL YEAR 2021-22 TRAFFIC AND MOBILITY COMMISSION WORK PLAN – FINAL DRAFT - (Staff Contact: Nathan Schmidt, Public Works) Dec. 7, 2021 Item #7 Page 30 of 33 Page 8 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t Staff’s Recommendation: Approve the final draft and appoint a commissioner to represent the Traffic and Mobility Commission at City council Transportation Planning and Mobility Manager Schmidt presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). DISCUSSION: Commissioner Linke submitted and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Commissioner Linke reviewed the Carlsbad Municipal Code Section 18 Traffic Impact Fee (TIF) and recommended additional wording: “The city council may modify the designation by amendment to the resolution at any time. It is the city council’s intention to review the designation of circulation improvements and the amount of the fee on an annual basis.” Commissioner Linke expressed concerns over the continued delay in updating the TIF and the potential impact on funding of future transportation infrastructure in Carlsbad by development projects. The update of the Municipal Code was not the subject of the staff presentation which was about the commission’s work plan but Commissioner Linke wanted the commission to understand the wording in the Municipal Code about the Traffic Impact Fee. The City Council discussed the Traffic Impact Fee on Capital Improvement Project list in 2008 on a program that was originally done in 1995. In August of 2020, the City Council unanimously passed a minute motion to expedite the update of the TIF program. Transportation Planning and Mobility Manager Schmidt said that staff understands the importance of the timeline. Staff will hire a consultant at the end of 2021, and it will take two years to complete, due to the complexity of the new fee program. Commissioner Linke proposed an interim solution to consider incremental updates while the formal update was administered. The Traffic and Mobility Commission Work Plan will go to the City Council on July 27, 2021. ACTION: Motion by Commissioner Linke to support staff’s recommendations, with the exception of recommending to the City Council an incremental update to the TIF program on the projects that are already on the CIP project list to be included in the Work Plan. Motion did not carry. Motion by Commissioner Fowler, seconded by Commissioner Hunter to support staff’s recommendations for Fiscal Year 2021-22 Traffic and Mobility Commission Work Plan and to appoint a commissioner to represent the T&MC at the City Council meeting. Motion carried: 4/1/2 (No: Linke; Absent: Gocan and Wanamaker) Motion by Commissioner Fowler, seconded by Commissioner Hunter to nominate Vice-Chair Perez to represent the Traffic and Mobility Commission on July 27, 2021 City Council meeting. Motion carried: 5/0/2 (Absent: Gocan and Wanamaker) 5. AVENIDA ENCINAS COASTAL RAIL TRAIL REVISION – (Staff Contact: Nathan Schmidt, Public Works) Staff’s Recommendation: Receive a presentation and provide input Dec. 7, 2021 Item #7 Page 31 of 33 Page 9 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t Transportation Planning and Mobility Manager Schmidt presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). DISCUSSION: Commissioner Hunter inquired about the decision to locate the Coastal Rail Trail on Avenida Encinas. Traffic and Mobility Manager Schmidt mentioned that there are still environmental constraints near the railroad lines because it is a biologically sensitive habitat. After speaking with SANDAG about the overall Coastal Rail Trail route, they are estimating that it would cost roughly nine to ten million dollar a mile to position the trail along the railroad near Ponto. The benefit of selecting Avenida Encinas, is that it provides additional access to the community and transit station, has grant funding, and would provide less expensive option for near term implementation. In the future, when improvements are implemented on Carlsbad Boulevard, they will have the option to continue along Carlsbad Boulevard. Commissioner Penseyres has concern about calling this the Coastal Rail Trail. If in the future we can continue the trail on Carlsbad Boulevard then they will have an incredible amount of right away, center divides, and the benefit of the ocean views. Commissioner Linke agreed that this proposal is okay but not an ideal solution. Transportation Director Frank said that at other areas on the Coast Rail Trail where they cross the lagoons, you see a similar situation. 6. SEMIANNUAL TRANSPORTATION REPORT – (Staff Contact: Tom Frank, Public Works) Staff’s Recommendation: Receive report Transportation Director Frank presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). DISCUSSION: The commissioners enjoyed seeing what we accomplished over the last 6 months. They also appreciate and welcome the residents to continue to be our eyes and ears for what can be improved in the City of Carlsbad transportation network, including graffiti issues. When talking about specific roadways listed on the presentation, staff is looking for the most cost-effective complete streets fix for the roadway segments. CITY TRAFFIC ENGINEER REPORT: City Traffic Engineer Comments: Attachment A TRAFFIC AND MOBILITY COMMISSION COMMENTS: Traffic Engineer Kim highlighted that the traffic calming projects listed in the report are implemented in large part due to the assistance of the commission. Staff is very appreciative that traffic calming is brought forward to the community through the Traffic and Mobility Commission suggestions, recommendations, and public comments. Commissioner Penseyres was curious if we have a backlog on project review since the pandemic. Traffic Engineer Kim said that we do have a backlog of phase two measures that require public meetings which they will start holding. Staff has been very active with phase one measures that includes minor signing and striping, installing 25 mile per hour speed limit signs, and pavement legends. Dec. 7, 2021 Item #7 Page 32 of 33 Page 10 of 10 Public Works Transportation 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-2746 t Commissioner Linke inquired into the five big moves SANDAG plan. Transportation Director Frank said that staff is going to dive into the details and provide comments to SANDAG. Commissioner Penseyres asked about the commission’s involvement in the Grand Avenue Promenade. Transportation Planning and Mobility Manager Schmidt said when there are more specific details, it will be coming before the commission to review. City council is scheduled to review the project priorities, which includes the Grand Avenue Promenade, from the Village and Barrio Master Plan at their meeting on July 27, 2021. Commissioner Linke addressed the public comment on the Terramar project and asked if the neighbor’s concerns could be added to the Traffic Engineering report. Traffic Engineer Kim said that they have been addressing their issues, gathering data, and will bring it to the commission for their review. The commissioners appreciate the chance to elevate the community’s concerns. Vice-Chair Perez mentioned about the change in school drop off since the pandemic has been lifted. They noticed the traffic has been reduced based on the staggered schedule and would like to talk to the schools about permanently using the staggered drop off to reduce congestion around schools. He also inquired about the new roadway extension and roadway improvements, are we monitoring traffic levels since COVID restrictions have eased? Transportation Director Frank said that we are not monitoring traffic, yet CALTRANS said that traffic is back 95% of pre-COVID levels. Vice-Chair Perez would like to learn about the city ordinances related to parking rules, specifically oversized parking and no parking zones. City Traffic Engineer Kim said that he would be glad to talk to Vice-Chair Perez offline and explain how the city ordinances were formed. Vice-Chair Perez agreed and inquired about the concerns that residents are expressing with roadway pavement damage/bumps in the bike lanes on Tamarack Avenue westbound between El Camino Real and Carlsbad Village Drive. City Traffic Engineer Kim said that staff will look into this concern. Commissioner Penseyres agreed with Vic-Chair Perez’s concerns based on the downhill slope and speed that cyclists can travel on this section of Tamarack Avenue. Transportation Director Frank said that staff will be looking into this concern as a part of the Sustainable Mobility Plan CIP improvement project for this section of Tamarack Avenue. ADJOURNMENT: Acting Chair Perez adjourned the Traffic and Mobility Commission Meeting on June 7, 2021 at 6:59 p.m. ___________________________ Eliane Paiva, Minutes Clerk Dec. 7, 2021 Item #7 Page 33 of 33 Authorization to Execute an Agreement with Nasland Engineering for Avenida Encinas Coastal Rail Trail and Pedestrian Improvements - 6004 Brandon Miles, Associate Engineer Public Works Dec. 7, 2021 {city of Carlsbad TODAY’S PRESENTATION •Proposed Improvements •Consultant Selection Process •Fiscal Analysis •Next Steps •Recommended Action ITEM 7: PSA with Nasland for design of Avenida Encinas {city of Carlsbad RECOMMENDED ACTION Adopt a resolution authorizing execution of a Professional Services Agreement with Nasland Engineering to provide engineering services for Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, Capital Improvement Program (CIP) Project No. 6004, in an amount not to exceed $899,020 ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad ITEM 7: PSA with Nasland for design of Avenida Encinas Avenida Encinas from Palomar Airport Road to Carlsbad Blvd PROJECT LOCATION PROJECT LIMITS Legend • • • • Segment 1 --Segment 2 -Segment 3 PRTS -Poinsettia Regional Transit Station {city of Carlsbad Utilize complete streets concept in accordance with city’s General Plan Mobility Element Provide •enhanced bicycle facilities •sidewalks for connectivity •pedestrian ramps Enhance bicycle and pedestrian form of mobility Provide traffic calming and intersection improvements PROPOSED IMPROVEMENTS ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad •July 12, 2021 -Posted request for qualifications to advertise for professional services •Aug. 9, 2021 -Seven consultant submittals received in response to advertisement •Staff negotiated a fair and reasonable price with Nasland Engineering •Scope of services and fees not to exceed $899,020 ITEM 7: PSA with Nasland for design of Avenida Encinas CONSULTANT SELECTION PROCESS {city of Carlsbad •Sufficient funds are available to complete the engineering design and environmental review •Funding sources are traffic impact fees and grant funding from Active Transportation Program (for construction only) FISCAL ANALYSIS ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad •Once agreement is approved by City Council •Staff will issue a Notice to Proceed to Nasland Engineering •Staff anticipate preliminary engineering work to begin in January 2022 NEXT STEPS ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad RECOMMENDED ACTION Adopt a resolution authorizing execution of a Professional Services Agreement with Nasland Engineering to provide engineering services for Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, Capital Improvement Program (CIP) Project No. 6004, in an amount not to exceed $899,020 ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad THANK YOU ITEM 7: PSA with Nasland for design of Avenida Encinas { City of Carlsbad