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HomeMy WebLinkAbout2020-12-15; City Council; ; Authorization of an Agreement with O’Day Consultants, Inc. for engineering services of the Drainage Master Plan Project BCB – Magnolia Avenue Storm Drain Improvements Pro Meeting Date: Dec. 15, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Daniel Zimny, Associate Engineer Daniel.Zimny@carlsbadca.gov, 760-602-7551 Subject: Authorization of an Agreement with O’Day Consultants, Inc. for engineering services of the Drainage Master Plan Project BCB – Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program Recommended Action Adopt a resolution authorizing execution of a professional services agreement with O’Day Consultants, Inc. for engineering services of the Drainage Master Plan Project BCB – Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program, Capital Improvement Program Project No. 6608, in an amount not to exceed $209,373. Executive Summary The proposed project will construct a new storm drain system to service the section of Magnolia Avenue between Brady Circle and Monroe Street. This system is a facility recommended for upgrading the City of Carlsbad’s Drainage Master Plan, which was updated and adopted by the City Council in 2008. The improvements will resolve drainage problems observed on this street segment. Staff recommends using the Citywide Drainage Improvement Program, Capital Improvement Program Project No. 6608, to fund the project because insufficient funds are available in the Planned Local Drainage – Basin B fund. Staff are recommending O’Day Consultants, Inc. as the most qualified engineering firm that has submitted qualifications for the project. Carlsbad Municipal Code Section 3.28.060(D) requires the City Council to award agreements when the value exceeds $100,000 per agreement year. The proposed agreement with O’Day is in an amount not to exceed $209,373, which, makes this agreement subject to this requirement. Discussion The city’s Drainage Master Plan calls for construction of a storm drain pipeline to service the section of Magnolia Avenue between Brady Circle and Monroe Street. The proposed facility consists of an estimated 2,000 feet of storm-drain pipeline and several curb inlets to capture stormwater runoff. The proposed storm drain will junction with an existing 48-inch storm drain at the intersection of Brady Circle and Magnolia Avenue. The project will resolve drainage Dec. 15, 2020 Item #6 Page 1 of 25 issues along Magnolia Avenue next to Valley Middle School, Magnolia Elementary School and North County Academy. On July 15, 2020, staff published a request for qualifications to advertise for professional services and to select a qualified engineering consultant to design the Project. On Aug. 20, 2020, the city received statements of qualifications from 11 prospective consultants. The qualifications were evaluated and ranked by a selection panel comprised of city staff in keeping with Carlsbad Municipal Code Section 3.28.060(A). On Sept. 21, 2020, the selection panel selected O’Day as the most qualified firm for the project. To complete the selection process, staff negotiated the final scope of work and proposed fees with O’Day. Staff recommends award of a professional services agreement to O’Day in an amount not to exceed $209,373. Fiscal Analysis There is not enough Planned Local Drainage – Basin B funding provided by the Drainage Master Plan fee structure to complete the project because of the allocation of funds to other projects in the Agua Hedionda drainage basin, identified as Basin B. Staff recommends using the Citywide Drainage Improvement Program, Capital Improvement Program Project No. 6608, to fund the project. The Citywide Drainage Improvement Program was established to address poor drainage conditions throughout the city by constructing drainage improvements to achieve compliance with the city drainage standards. The proposed drainage improvements meet the scope of the program. Sufficient gas tax and infrastructure replacement funds are available to complete the engineering design for the project. The available funds and estimated design costs are shown in the following table: Citywide Drainage Improvement Program, Capital Improvement Program Project No. 6608 Total appropriation to date $8,474,594 Total expenditures/encumbrances to date $7,627,719 Current project account balance $846,875 Magnolia Storm Drain Improvements Project, Drainage Master Plan Project BCB Engineering professional services – O’Day Consultants, Inc. $209,373 City staff time (estimated) $45,000 Total estimated design cost $254,373 Remaining program balance after project $592,502 Less: surface drainage-improvements project cost estimate 1 $518,000 Remaining project balance after surface drainage project 1 $74,502 Additional appropriation needed $0 Dec. 15, 2020 Item #6 Page 2 of 25 1 The Citywide Drainage Improvement Program has two individual projects requiring City Council authorization at the December 15 council meeting. The balance shown in this row reflects the cost estimates for both items to show the remaining account balance should both actions be authorized. Next Steps Staff will work with O’Day to prepare technical studies, improvement plans, specifications and construction cost estimates as needed to advertise for construction bids for the project. Staff will return to the City Council with a request to approve the plans and specifications and authorize advertisement for construction bids, which is expected to be in late 2021. Construction is anticipated to start in summer of 2022. Environmental Evaluation (CEQA) The project was previously evaluated in the final environmental impact report (FEIR 04-02), dated December 2007, for the City of Carlsbad Drainage Master Plan Update. The report evaluated the potential environmental effects of the project components described in the Drainage Master Plan update. The project is within the scope of the report and no further California Environmental Quality Act compliance is required. Public Notification Public notice of this item was posted in keeping with the 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 Dec. 15, 2020 Item #6 Page 3 of 25 Dec. 15, 2020 Item #6 Page 4 of 25 RESOLUTION NO. 2020-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH O'DAY CONSULTANTS, INC. (O'DAY) FOR DESIGN OF THE DRAINAGE MASTER PLAN PROJECT BCB -MAGNOLIA AVENUE STORM DRAIN IMPROVEMENTS PROJECT AS PART OF THE CITYWIDE DRAINAGE IMPROVEMENT PROGRAM, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 6608, IN AN AMOUNT NOT TO EXCEED $209,373 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to design and construct the Drainage Master Plan Project BCB - Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program, CIP Project No. 6608 (Project); and WHEREAS, under Carlsbad Municipal Code Section 3.28.060, the city solicited qualifications from consultants for engineering design of the Project and received 11 qualifications from qualified consulting firms; and WHEREAS, subsequent to a review of the qualifications, staff selected O'Day as the most qualified consultant for the Project; and WHEREAS, staff and O'Day negotiated the scope of work and associated fee in an amount not to exceed $209,373 to provide professional engineering services; and WHEREAS, sufficient Infrastructure Replacement Funds and Gas Tax Funds are available to complete the engineering design of the Project; and WHEREAS, the Project was previously evaluated in the Final Environmental Impact Report (FEIR 04-02), dated December 2007, for the City of Carlsbad Drainage Master Plan Update and no further California Environmental Quality Act (CEQA) compliance is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized and directed to execute the professional services agreement with O'Day Consultants, Inc. in an amount not to exceed $209,373 for design of the Drainage Master Plan Project BCB -Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program, CIP Project No. 6608, which is attached hereto as Attachment A. Dec. 15, 2020 Item #6 Page 5 of 25 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of December, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor (SEAL) Dec. 15, 2020 Item #6 Page 6 of 25 DocuSign Envelope ID: 87895221-67FF.-46D3-8167-89506BE9AFD5 PSA21-1297TRAN AGREEMENT FOR MAGNOLIA AVENUE STORM DRAIN DESIGN SERVICES O'DAY CONSULTANTS, INC. THIS AGREEMENT is made and entered into as of the 15th day of December , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and O'DAY CONSULT ANTS, INC. 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 necessary for the design of the proposed drainage improvements on Magnolia Avenue between Brady Circle and Monroe Street. C. Contractor has submitted a proposal to City under a Request for Qualifications (RFQ21-1136TRAN) 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 two (2) 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 will be two hundred nine thousand three hundred seventy-three dollars ($209,373). 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 forty-five dollars ($45,000) 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 "An. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Dec. 15, 2020 Item #6 Page 7 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 6/12/18 2 Dec. 15, 2020 Item #6 Page 8 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFDS PSA21-1297TRAN 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: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 •. 3 Dec. 15, 2020 Item #6 Page 9 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN 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. Ill Ill City Attorney Approved Version 6/12/18 4 Dec. 15, 2020 Item #6 Page 10 of 25 DocuSign Envelope ID: 87895221-67FF-46O3-8167-89506BE9AFD5 For City Name Daniel Zimny Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-331-7399 PSA21-1297TRAN For Contractor Name George O'Day Title Project Manager Address 2710 Loker Avenue West Ste. 100 Carlsbad, CA 92010 Phone No. 760-931-7700 Email georgeo@odayconsultants.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes IZl No □ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding City Attorney Approved Version 6/12/18 5 Dec. 15, 2020 Item #6 Page 11 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the 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. City Attorney Approved Version 6/12/18 6 Dec. 15, 2020 Item #6 Page 12 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 Dec. 15, 2020 Item #6 Page 13 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR O'DAY CONSULTANTS, INC., a California corporation By: (sign here) Patrick N. O'Day, President & CFO (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor ATTEST: Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __ ~-~---- Assistant City Attorney City Attorney Approved Version 6/12/18 8 Dec. 15, 2020 Item #6 Page 14 of 25 DocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 PSA21-1297TRAN EXHIBIT "A" SCOPE OF SERVICES City Attorney Approved Version 6/12/18 9 Dec. 15, 2020 Item #6 Page 15 of 25 Scope of Services and Fee Proposal City of Carlsbad l.)l~~ Prorrio No. 20-0170 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 1 of8 Proposed Storm Drain BCB for Magnolia A venue Project Description: The City of Carlsbad has issued a Request for Qualifications (RFQ) for civil engineering required for Magnolia Avenue Storm Drain. O'Day Consultants was awarded the project. The preliminary design study recommends 925 linear feet of 30" maximum RCP pipe, four curb inlets, 3 cleanouts and a junction structure. The City of Carlsbad Drainage Master Plan (DMP) designates this storm.drain as Line 'BCB'. The DMP indicates that the proposed storm drain services an approximate 20-acre drainage area. Per the DMP the storm drain line is proposed to begin at the curb outlet at a church parking lot on the north side of Magnolia Avenue between Valley Street and Monroe Street and terminate at the existing storm drain line at Brady Circle. Based on an award meeting with the City of Carlsbad on 9/21/2020, a preliminary drainage analysis will be performed by O'Day Consultants to confirm the appropriate pipe size to meet the City design standards, as well as the upstream terminus of the storm drain system, which may extend up to Monroe Street. The tasks listed below are needed to complete this work. A detailed Scope of Services follows after the summary. Summary of Tasks and Fees: Task Description 1. Project Management 2. Existing Condition Analysis and Base Map Preparation 3. Prepare 70% Design Package 4. Prepare 90% Design Package 5. Prepare 100% Design Package 6. Prepare Final Design Package 7. Bid and Construction Support & As-Built/Record Drawings Fee $9,940.00 $37,745.44 $75,897.24 $56,862.00 $6,846.00 $3,644.00 $18,438.24 Total $209,372.92 Dec. 15, 2020 Item #6 Page 16 of 25 0l~~ Promo No. 10-cn 70 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 2 of8 Detailed Scope of Work Task 1: Task 2: Time and Materials not to exceed a fee of $9,940.00 without prior written authorization for Proiect Management-20 hours of ll, Project Manager and 20 hours of a Project Engineer. 1. Attend Award Meeting on 9/21/2020 and coordinate pertinent project specific information with the City of Carlsbad. 2. Team Meetings -Conduct team meetings regularly to review project progress with the City of Carlsbad. 4 hours of meetings with Power Plus, 4 hours of meetings with Geo Soils, and 4 hours of meetings with Urban Systems. 3. Meeting Minutes -Prepare meeting minutes for all team meetings, and submit to the City of Carlsbad within (5) business days for review and concurrence. Revise meeting minutes as necessary. 4. Project Tracking -Provide monthly progress reports and updates to the project schedule. Review billings for invoicing. Assumes 12 months of project tracking. Assumes tracking during construction will be contained within bid and construction. Time and Materials not to exceed a fee of $37,745.44 without prior written authorization for Existing Condition Analysis and Base Map Preparation 1. Review all documentation provided by the City of Carlsbad at the Award Meeting. 2. Research records maps and any additional as-builts relevant to the improvement plans. The research will include plans from the City of Carlsbad, SDGE, telephone, and CATV. Coordination with both public and private utility companies shall be completed to identify ownership and locations of utilities. 3. Aerial topography and survey shall consist of: a. Establish NAD83 horizontal control and NGVD29 vertical control per City of Carlsbad ROS 17271. b. Set aerial control panels c. Prepare I-foot 40-scale topographic aerial map within the limits of the tributary watershed along with a high-resolution aerial photograph. d. Supplemental field topographic survey: i. Field survey and dip of existing storm drain curb inlets and access holes for tie in as well as curb outlet near church Dec. 15, 2020 Item #6 Page 17 of 25 ocuSign Enver;;iiifo: 87895221-67FF~46D3-8167-89506BE9AFD5 Task 3: of~"'? Promo No. 20-0170 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 3 of8 parking lot at the north side of Magnolia Street between Valley Street and Monroe. 11. Dip all sewer access holes along the length of the improvements. 111. Field survey to identify existing utilities within the limits of construction. 1v. Supplemental field survey: at the existing cross-gutter at Valley Street, the existing curb ramps on the south side of Magnolia at Valley Street, the existing cross-gutter along Monroe Street at Karren Lane and at Magnolia A venue and Brady Circle intersection. e. Field survey of existing survey monuments. i. For Monument Preservation. Prepare 1 ~ pre-construction corner records and submit to the County of San Diego. ii. To determine the Magnolia A venue street centerline. f. Annotate Rights-of-Way for Magnolia Avenue between Brady Circle and Monroe Street, for Monroe Street along length of improvements, for portions of Valley Street at the intersection with Magnolia and portions of Brady Circle at the intersection with Magnolia Avenue. g. Field survey of USA Digalert utility mark-out, coordination with Underground Solutions. h. All field survey is based on prevailing wage rates. 4. Annotate Base Map with property line information, ownership information, assessor parcel numbers and call out existing utilities. Time and Materials not to exceed a fee of $75,897.24 without prior written authorization for 70% Design Package (Includes Conceptual Design Submittal Item 2a. below) 1. Prepare Hydrologic and Hydraulic Study for proposed storm drain. a. The Hydrologic Analysis shall include the tributary area to storm drain BCB. b. Additionally, an assessment shall be made of stormwater from Karren Lane to determine if 100-year storm events are tributary to this BCB storm drain. c. Analyze existing conditions based on the City of Carlsbad's Engineering Standards to determine proposed storm drain facilities. 1. When flooding or street overflow during a 100-year six-hour storm cannot be maintained between tops of curbs. Dec. 15, 2020 Item #6 Page 18 of 25 pe ID: 87895221-67FF-46D3-8167-89506BE9AFD o/<o~ Promo No. 20:Ul70 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 4 of8 ii. When more than one travel lane of arterial and collector streets would be obstructed by a 10-year 6-hour storm water flow. 111. When velocity of water in streets exceeds 11 FPS. iv. When the water travels on surface improvements for more than 1000 feet. d. Variances between the proposed design and the design from the Drainage Master Plan shall be clearly identified. e. Utilize drainage tributary areas from the DMP to assess tailwater and HGL for the entire storm drain systems downstream of the BCB storm drain from Magnolia to the outlet at Agua Hedionda. Downstream and upstream impacts to the existing system shall be assessed in this report. Assume that City of Carlsbad will provide tributary area maps for downstream storm drain system to aid in determination of HGL. 2. Prepare 70% Storm Drain Improvement Plans. a. Submit a conceptual alignment of storm drain for City of Carlsbad approval prior to potholing. b. Prepare a potholing exhibit and coordinate potholing efforts. Final Potholing Report to be submitted with 90% Design. c. Underground Solutions to Pothole: i. Prepare traffic control plans for pothole and geotechnical borings. ii. Set traffic control per approved plans or MUTCD standards, if required. 111. Vacuum excavate each of the 20 assumed pothole sites taking measurements and photos (Assumes 4-6 feet deep, if existing utilities encountered exceed 6 feet depth additional scope and fee shall apply.) iv. Back-fill, compact per City of Carlsbad GS-29 and patch with Hot Patch v. Iflarger than 8" diameter holes then backfill, compact and grind and overlay per City of Carlsbad GS-24. vi. Set a PK nail over the top of each utility or utility package. vn. Prepare a "Subsurface Utility Report" w/data and findings. v111. Field survey all pothole locations. 1x. Office and field coordination and management. x. Coordinate with the City of Carlsbad to obtain a no fee right of way permit. Assumptions for Potholing: • There are 20 potholes. If additional potholes are required, an additional scope and fee will be required. Dec. 15, 2020 Item #6 Page 19 of 25 ocuSign Envelope ID: 87895221-67FF-46D3-816?-'.89506BE9AFD5 •Task 4: 0l~""7 l>romo No. 20-0170 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 5 of8 • Potholes are to be excavated using non-disruptive air/vacuum method. • Potholing/Boring traffic control is self-performed, based on normal day-time working hours, if required. • Potholing/Boring traffic control plans will be provided (Non- Engineer Stamped), ifrequired. • Potholing/Boring traffic control set-ups will be done according to City of Carlsbad approved traffic control plans and permit requirements, if required • Each pothole may or may not result in locating a utility. • This project is subject to prevailing wage for these services. • Potholes can be excavated on an average of 6 per day. • One (I) potholing crew and one (1) field survey crew will be provided to complete this work, as well as office staff, engineers and technicians. • The field work is estimated to take place during Spring Break for Carlsbad Unified School District between April 5th through April 9th. If work will take place on weekends or outside of school time frame, additional fees will apply. • Assumes 10 potholes will require grind and overlay (greater than 8" diameter). • It is assumed that Geotechnical borings shall take place also within the window of Spring Break for CUSD, although submitted in 90% Design Package. d. Review survey data at pothole locations, adjust 70% improvement plans as necessary. e. Prepare details for ADA improvements as necessary. Assumes four ramp designs: 2~ at the south side of Magnolia and Valley and 2~ on either side of a mid-block crossing on Magnolia between Brady and Valley Street. 3. Prepare Cost Estimate. 4. Prepare Storm Water Standards Questionnaire. Assumes that SWQMP will not be required and that this linear utility project is exempt from PDP requirements. Time and Materials not to exceed a fee of$56,862.00 without prior written authorization for 90% Design Package 1. Review City of Carlsbad Plancheck comments, respond and adjust improvement plans and drainage study accordingly. Dec. 15, 2020 Item #6 Page 20 of 25 ._;~~si9n Envelope ID: 87895221-67Fi=-46D3-8167-89506BE9AFD5 Task 5: O''b~ Promo No. 20-:0170 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 6 of8 2. Prepare engineered traffic control plans for storm drain improvements. 3. Prepare striping and signing plans. 4. Incorporate comments from Geotechnical Engineer, submit preliminary geotechnical report. 5. Review final sub-surface pothole report and submit to the City of Carlsbad. 6. Prepare 90% design package to include: a. Drainage Report b. Improvement Plans c. Cost Estimate d. Sub-surface Utility Potholing Report e. Geotechnical Investigation Report (Initial Draft) i. 5-6 (6 inch-diameter) boring holes approximately 19 feet deep u. Right-of-Way and Permit Acquisition iii. Utility Mark-Out, Field Meetings, Field Exploration, and Traffic Control iv. Prevailing Wage for Contractors (including drillers/coring and other laborers) v. Laboratory Testing 1. Moisture and Density Test 2. Particle Sieve Analysis 3. Direct Shear Test 4. General Corrosivity Test vi. Analysis and Report Preparation f. Bid Item Descriptions 7. If existing utilities require to be relocated, it is assumed that the utilities will be identified after City of Carlsbad review of the 70% Design Improvements. Additional scope and fee for design will apply based on the magnitude of relocation. Time and Materials not to exceed a fee of$6,846.00 without prior written authorization for J 00% Design Package 1. Review City of Carlsbad Plancheck comments. Respond and adjust improvement plans and drainage study accordingly. 2. Prepare 100% design package for improvement plans to include: a. Drainage Report b. Improvement Plans c. Cost Estimate d. Sub-surface Utility Potholing Report e. Geotechnical Investigation Report Dec. 15, 2020 Item #6 Page 21 of 25 Task 6: Task 7: f. Bid Item Descriptions 0l~"7 Promo No. W:0170 Magnolia BCB Storm Drain October 5, 2020 Revised I 0/8/2020 Page 7 of8 g. Review of City's proposed contract and specifications, where proposed changes are clearly marked with tracked changes. Time and Materials not to exceed a fee of $3,644.00 without prior written authorization for Final Design Package 1. Review City of Carlsbad Plancheck comments. Respond and adjust improvement plans and drainage study accordingly. 2. Prepare Final design package for improvement plans to include: a. Drainage Report and all supporting calculations b. Improvement Plans: pdf, .dwg geo-reference in NAD83 and one set of mylars c. Cost Estimate d. Subsurface Utility Potholing Report e. Geotechnical Investigation Report Time and Materials not to exceed a fee of$18,438.24 without prior written authorization for Bid and Construction Support 1. Twenty Four (24) hours of a Project Manager's time for Bid Support and Construction Administration and Assistance as follows: a. Attend team meetings during construction. b. Assist the City of Carlsbad with the oversight of construction. c. Respond to Requests for Information (RFI). d. Review Material Submittals. e. Prepare changes to the construction documents, if needed. 2. Eight (8) hours of a Project Manager's, Project Engineer and Design Engineer's time, each, to prepare As-Builts: a. Site visit to verify existing improvements. b. Review contractor redlines and transpose changes onto the signed mylar. c. Submit the revised mylars and a pdf of the of the As-Builts to the City. 3. Prepare 1 ~ Post Construction Comer Record: a. Prepare Comer Record per County of San Diego Standards. b. Submit and coordinate with the County of San Diego. c. Field survey, monumentation of replaced monuments. d. Assumed that existing monuments shall be picked up with Task 2. Dec. 15, 2020 Item #6 Page 22 of 25 0/~~ Promo No. 2U:-0170 Magnolia BCB Storm Drain October 5, 2020 Revised 10/8/2020 Page 8 of8 Other: Reproduction costs, reimbursable expenses, and data transfers will be billed out on a Time and Material basis. Note: Prevailing wage rates are utilized where applicable. DOES NOT INCLUDE: • Agency fees • Boundary Resolution • Construction inspection • Construction staking • Environmental documentation • Legal Descriptions, Plats and Easements on Private Property • Record of Survey • SWPPP • Title Documents Dec. 15, 2020 Item #6 Page 23 of 25 ~~;::""=•-~·~~""'~=~~~~-=--~=-cuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 Number of Hours Task 1-Project Management-Meetings Project Manager 20 X Project Engineer 20 X Power Plus Meetings-4 Hours 4 X GeoSoils-4 Hours 4 X Urban Systems-4 hours 4 X Task 2-Existing Conditions and Base Ma~ Project Manager 16 X Project Engineer 56 X Design Engineer 16 X 2-Man Survey Crew 48 X Power Plus-Ex Dry Utilities 1 X Aerotech-Aerial 1 X Task 3-70% Design Package Project Manager 24 X Project Engineer 152 X Design Engineer 80 X 2-Man Field Crew 8 X Underground Solutions-Pothole 1 X Task 4-90% Design Package Project Manager 12 X Project Engineer 32 X Design Engineer 24 X GeoSoils-Geotechnical Report 1 X Urban Systems-Traffic Control-Striping 1 X Task 5-100% Design Package Project Manager 6 X Project Engineer 16 X Design Engineer 16 X City of Carlsbad-Magnolia BCB Storm Drain October 5, 2020 Billing Rate Total $221.00 $4,420.00 $185.00 $3,700.00 $185.00 $740.00 $135.00 $540.00 $135.00 $540.00 Total Task 1 $9,940.00 $221.00 $3,536.00 $185.00 $10,360.00 $160.00 $2,560.00 $324.78 $15,589.44 $1,500.00 $1,500.00 $4,200.00 $4,200.00 Total Task 2 $37,745.44 $221.00 $5,304.00 $185.00 $28,120.00 $160.00 $12,800.00 $324.78 $2,598.24 $27,075.00 $27,075.00 Total Task 3 $75,897.24 $221.00 $2,652.00 $185.00 $5,920.00 $160.00 $3,840.00 $15,450.00 $15,450.00 $29,000.00 $29,000.00 Total Task 4 $56,862.00 $221.00 $1,326.00 $185.00 $2,960.00 $160.00 $2,560.00 Total Task 5 $6,846.00 Dec. 15, 2020 Item #6 Page 24 of 25 uSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5 City of Carlsbad-Magnolia BCB Storm Drain October 5, 2020 Number of Hours Billing Rate Total Task 6-Final Design Package Project Manager Project Engineer Design Engineer Task 7-Bid, Construction Support & As-Builts Project Manager Project Engineer Design Engineer 2-Man Survey Crew -4 X $221.00 8 X $185.00 8 X $160.00 Total Task 6 40 X $221.00 24 X $185.00 16 X $160.00 8 X $324.78 Total Task 7 Grand Total $884.00 $1,480.00 $1,280.00 $3,644.00 $8,840.00 $4,440.00 $2,560.00 $2,598.24 $18,438.24 $209,372.92 Dec. 15, 2020 Item #6 Page 25 of 25 DocuSign Envelope ID: 87895221-87FF--46D3-S167-89506BE9AFDS ►•,., ,... 0 ='~a:,.~OIMl<al,!...,.U,,A-Hlldl,!fl, Wftl/U/Je rr1,mu -. ... ....,"'""""'...,~"""" ---,--~ .. ~~,. .. ~ ., °"~*•noc- t::'"'""'"""'$&nq-·Ml<o,-I04its\ ~""::u~~~ ·- lv_...Mi_J,.,,_,w,·-IHI.,, ~ ...... -- ........ ~1,11(,lohOrrt>I~ Dft•~-M,,Md,.,-., ~IAIIK..ttl>O!r 1-;r ==-..... ----*-us.,., 1,. =-~=-:= I,; .........,,.,.,..,,_.,.,U~iWW ,.,., ,~~Uril,oll......,... ::;-,:;-::::,:c!itye1~-OP-, &.,'1:1~r.,,,,..pil't;w,,..,."91 ........ 1-., lMl.1/11/lO ,ill1/uncl AR:l/Jl/>0 iril/1.1/11 ..,.. ll/Uf,I~ r,uJ:/11 1,,el/llf,U Mollllll/ll tu:10~1,._.,_. .. .,_.~ $....... 1..._',/1,'ll Mf/tlJl h, .. 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Mo111;.01•(111y r.,as~nwuo-.:U-lf 041-,.1 ::;mow_.,15N11t,Jr.Mil: i.o..,,. l'ttpo,"l!:~.-.iitiilP•-'l•fWI -,1/Jt,f)I Moon4/khl rwwu r.',IV/U rto.f/11/H Twlll!IU ,,..,,u,r.11 hdntnl Moef/1/11 ._.,,"" f.r,t(rfU - l I ~ ~ ,_ ~ ]~------------------- l 7 T l: ..,., Daniel Zimny, Associate Engineer Dec. 15, 2020 Authorization of a Professional Services Agreement with O’Day Consultants Inc. for the Design of Drainage Master Plan Project BCB – Magnolia Avenue Storm Drain Improvements Recommendation •Adopt a resolution authorizing execution of a Professional Services Agreement with O’Day Consultants Inc. for engineering services of the Drainage Master Plan Project BCB –Magnolia Ave Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program, Capital Improvement Program (CIP) Project No. 6608, in an amount not to exceed $209,373 2 •Magnolia Avenue between Brady Circle and Monroe Street Project Location 3 LOCAT ION MAP PROJECT SITE PROJECT NAME PROJECT EXHIBIT CITYWIDE DRAINAGE IMPROVEMENT PROGRAM NUMBER 2 -MAGNOLIA STORM DRAIN 6608 Project Details •A component of city’s 2008 Drainage Master Plan •Project will construct new storm drain system within Magnolia Ave to achieve compliance with city drainage standards •Associated street improvements, such as pavement resurfacing and sidewalk replacement, are also components of the project 4 Selection Process •Request for proposals for civil engineering design services advertised on July 15, 2020 •11 consultant submittals received on Aug. 20, 2020 in response to the advertisement •O’Day Consultants Inc. determined as the most qualified firm by the selection committee comprised of city staff •Fee of services negotiated to not exceed $209,373 5 Fiscal Analysis •Sufficient Planned Local Drainage –B funds are not available due to funding allocation to other projects within Basin B of the Drainage Master Plan •Staff recommends funding the Project with the Citywide Drainage Improvement Program, Capital Improvement Program No. 6608 –Sufficient Gas Tax and Infrastructure Replacement funds are available 6 Next Steps •Staff will issue a Notice to Proceed to O’DayConsultants •Staff will return to City Council with a request to approve the plans and specifications and authorize advertisement for construction bids •Construction anticipated to start in summer 2022 7 Recommendation •Adopt a resolution authorizing execution of a Professional Services Agreement with O’DayConsultants Inc. for engineering services of the Drainage Master Plan Project BCB -Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement Program, CIP No. 6608 in an amount not to exceed $209,373 8 Thank you