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HomeMy WebLinkAbout2023-06-20; City Council; ; Authorization to Exempt from the City’s Competitive Bidding Requirements and Execute an Agreement with BHA, Inc. to Provide Engineering Services for the Valley and MagnolCA Review GH Meeting Date: June 20, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Lauren Ferrell, Associate Engineer lauren.ferrell@carlsbadca.gov, 442-339-2558 Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Subject: Authorization to Exempt from the City’s Competitive Bidding Requirements and Execute an Agreement with BHA, Inc. to Provide Engineering Services for the Valley and Magnolia Complete Streets Project District: 1 Recommended Actions Adopt a resolution authorizing an exemption from the city’s competitive bidding requirements and execution of a professional services agreement with BHA, Inc. to provide engineering and construction support services for the Valley and Magnolia Complete Streets, Capital Improvement Program Project No. 6019. Executive Summary The City Council is being asked to authorize a professional services agreement with BHA, Inc. for engineering and construction support services for the Valley and Magnolia Complete Streets Project. This project, Capital Improvement Program Project No. 6019, will include necessary improvements to the area such as new sidewalks, curbs and gutters, Americans with Disabilities Act-compliant pedestrian curb ramps, improved conditions for bicyclists and additional street lighting in the area. The proposed sidewalks will provide safer pedestrian routes and sidewalk connectivity for students attending Carlsbad High School, Valley Middle School, Magnolia Elementary School and North County Academy. The project will improve these heavily used access routes to local adjacent schools to make them safer and more accessible to active transportation modes of travel. The cost of the proposed agreement with BHA is an amount not to exceed $153,060, which requires the approval of the City Council in accordance with Carlsbad Municipal Code Section 3.28.060(D)(5) because the cost exceeds $100,000 per agreement year. June 20, 2023 Item #8 Page 1 of 27 Additionally, Staff are recommending an exemption from the city’s formal bidding for services requirement in keeping with to Carlsbad Municipal Code Section 3.28.110(N), which is subject to City Council approval. Staff recommend the City Council approve an exemption from the Purchasing Ordinance’s competitive bidding requirements and authorize a new agreement with BHA in an amount not to exceed $153,060. Explanation & Analysis Project background The proposed project will provide new street improvements that will be constructed within the city right of way along both sides of Valley Street from Chestnut Avenue to Magnolia Avenue, and on the north side of Magnolia Avenue from Valley Street to approximately 500 feet east of the intersection. “Complete streets” is a design approach to provide safe access for all users so that pedestrians, bicyclists and motorists of all ages and abilities can move safely along and across city streets. This location is particularly important because the project is in a residential area surrounded by four schools, as shown on the location map in Exhibit 2. This area is well traveled by all modes of travel users and currently large portions of the project area do not have sidewalks, resulting in pedestrians and bicyclists sharing narrow streets with motorists. In addition to the street improvements noted above, the Carlsbad Municipal Water District, or CMWD, plans to replace an old potable-water main and services in Valley Street as part of the project. The project will construct public improvements in accordance with local policies previously adopted by the City Council, including the Mobility Element of the General Plan, the Sustainable Mobility Plan and the Climate Action Plan. The overarching document that identifies the city’s core transportation goals is the city’s General Plan Mobility Element, which focuses on a multimodal transportation system. The Climate Action Plan identifies transportation as the largest source of greenhouse gas emissions in Carlsbad. To reduce these emissions, the plan calls for encouraging more walking and biking and reducing vehicle speeds. Selection of BHA BHA has provided engineering services for design of the project since 2015. In addition, it is providing engineering services to replace an old potable-water main and related services in support of the CMWD in the same area as the project. BHA has acquired extensive institutional knowledge over the life of the project, understands the project challenges and is familiar with the working partners and other interested parties and groups. BHA has been assisting the city in ongoing coordination efforts with the Carlsbad Unified School District, San Diego Gas & Electric, AT&T, Charter/Spectrum, property owners and residents. BHA’s institutional knowledge is critical as the city continues to work through design challenges and schedule constraints to finalize design and prepare contract documents for construction. There are a unique set of complexities associated with this project including SDGE undergrounding of overhead utility lines and removing utility poles from the project area. Also, existing topographic constraints and surface grades require each property to be evaluated in June 20, 2023 Item #8 Page 2 of 27 detail to ensure code-compliant driveway access is achieved with implementation of sidewalks in the neighborhood. BHA previously took the project to the final design phase, which was presented to the Traffic & Mobility Commission on Dec. 7, 2020. Some commissioners expressed concern regarding the design components at this meeting. In response to this feedback, staff were directed to develop an alternatives assessment and obtain public input. As a result, a complete redesign of the project improvements pushed the project back to a 60%-complete design. Staff and BHA are working through design concepts and coordination with SDGE’s undergrounding work, property owners and the schools. Authorizing a new agreement with BHA for design services, rather than soliciting bids from other service providers, would advance the city’s project and be in the best interest of the city because it would cost the city more to get a different engineering firm up to speed on the project. Proposed agreement The City Manager has authorized agreements and amendments with BHA for projects in the same area since 2015. The value total of agreements approved to date totals $213,240. Although the existing agreement BHA will not expire until Oct. 20, 2023, the remaining budget will be depleted well before then. Staff have negotiated the final scope of work and fees with BHA and agreed upon an amount not to exceed $153,060. The term of this agreement will be for a period of three years from the effective date. The City Manager may amend the agreement to extend the term for three additional one-year periods. Staff in Public Works coordinated with the City Attorney’s Office and the Finance Department to request an exemption to the competitive bidding process for this project’s consultant selection, which is subject to the City Council’s approval. The requested exemption is under Carlsbad Municipal Code Section 3.28.110(N) and is for “Situations where solicitations of bids or proposals for good, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city.” A memorandum detailing this exemption is provided as Exhibit 3. As noted, BHA has been a party to multiple agreements and amendments for the project since 2015. Exhibit 4 provides a table that summarizes its contracts in more detail. June 20, 2023 Item #8 Page 3 of 27 Fiscal Analysis Sufficient funding is available in the project account to cover the agreement with BHA. The project’s funding consists of traffic impact fees, Water Capital Project and TransNet local funds.1 Valley and Magnolia Complete Streets Capital Improvement Program Project No. 6019 Available funds and estimated construction costs Total appropriation to date $4,807,206 Total expenditures/encumbrances to date -$525,765 Total available balance $4,281,441 Additional Project Costs Professional services agreement with BHA -$153,060 Remaining balance $4,128,381 Additional appropriation needed $0 Options Staff provide the following options for the City Council’s consideration: 1. Adopt a resolution authorizing exemption from the competitive bidding requirements in the city’s Purchasing Ordinance’s and approve a professional services agreement with BHA, Inc. for engineering design and construction support services for the project in an amount not to exceed $153,060 Pros • Staff determined that BHA would provide the best value to the city • The proposed agreement will provide funding for services needed to successfully complete the project • The additional scope of services and fees have been negotiated with BHA • BHA has acquired extensive institutional knowledge over the life of the project • Sufficient funding is available for the amendment Cons • None identified 2. Do not adopt a resolution authorizing execution of an agreement with BHA Pros • None identified Cons • Future solicitation efforts would require additional staff time and expenditures • Delays implementing needed sidewalk and ADA access improvements • Potential increase in engineering design and construction costs could occur with a delay to design completion Staff recommend Option 1. 1 TransNet is a countywide sales tax collected to fund regional transportation projects. June 20, 2023 Item #8 Page 4 of 27 Next Steps With the City Council’s approval, staff will issue a purchase order and a notice to proceed for engineering design and construction support services to BHA for the project. Staff anticipate that the engineering design will resume mid-2023 and be completed in late 2024. Once the engineering design phase is complete, staff will return to the Traffic & Mobility Commission and City Council in early 2025 with a recommendation to approve the plans, specifications and contract documents, and authorization to advertise for construction bids. Staff plan to request the City Council award a construction contract to the lowest responsive and responsible bidder in early 2025. Construction is expected to start in summer 2026 and be completed by fall 2026. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065, because it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. This action that executes the professional services agreement does not have a legally binding effect on any possible future discretionary action related to any future projects. Exhibits 1. City Council resolution 2. Location map 3. Exemption memorandum 4. BHA, Inc. agreements June 20, 2023 Item #8 Page 5 of 27 RESOLUTION NO. 2023-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN EXEMPTION FROM THE CITY'S COMPETITIVE BIDDING REQUIREMENTS AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH BHA, INC. TO PROVIDE ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE VALLEY AND MAGNOLIA COMPLETE STREETS PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6019 WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to make improvements to provide new sidewalks, curb and gutter, Americans with Disabilities Act, or ADA, compliant pedestrian curb ramps, improved conditions for bicyclists and additional streetlighting, as part of the Valley and Magnolia Complete Streets Project, Capital Improvement Program, or CIP, Project No. 6019, or Project; and WHEREAS, these improvements would improve all modes of travel within the project area, which is located in a residential area surrounded by four schools: Carlsbad High School, Valley Middle School, Magnolia Elementary School and North County Academy, to provide safer active transportation modes of travel; and WHEREAS, Public Works staff, in coordination with the City Attorney's Office and the Finance Department, have provided justification for the selection of BHA, Inc., or BHA, based on the exemption to the bidding process under Carlsbad Municipal Code Section 3.28.ll0(N) -"Situations where solicitations of bids or proposals for good, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city"; and WHEREAS, staff and BHA have negotiated a scope of work and associated fee in an amount not to exceed $153,060 to provide engineering and construction support services for the Project for a period of three years from the effective date, and the City Manager may amend the agreement to extend the term for three additional one-year periods, as described in Attachment A; and WHEREAS, the Project's funding consists of Traffic Impact Fees, Water Capital Project and TransNet local funds, and there is sufficient funding available in the Project account to cover this agreement; and WHEREAS, staff are requesting an exemption from the Purchasing Ordinance's competitive bidding requirements per Carlsbad Municipal Code Section 3.28.llO(N); and Exhibit 1 June 20, 2023 Item #8 Page 6 of 27 WHEREAS, the City Planner has determined that this action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065, because it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. This action that executes the professional services agreement does not have a legally binding effect on any possible future discretionary action related to any future projects. 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 an exemption from the Purchasing Ordinance's competitive bidding requirements per Carlsbad Municipal Code Section 3.28.ll0(N) is approved. 3.That the Mayor is authorized and directed to execute the professional services agreement with BHA, Inc. in an amount not to exceed $153,060 for engineering and construction services for the Project, as shown in Attachment A. 4.That the City Manager is authorized to amend the agreement to extend the term for three additional one-year periods, as needed. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) June 20, 2023 Item #8 Page 7 of 27 ~ DocuSign Envelope ID: 09835945-2A35-4F4E-B8BE-838DD18A8ED1 Attachment A PSA23-2200TRAN AGREEMENT FOR VALLEY & MAGNOLIA COMPLETE STREETS ENGINEERING SERVICES BHA, INC THIS AGREEMENT is made and entered into as of the Z, I ~ f-day of J 1A,,r-.,l---' , 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and BHA, Inc, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in surveying and engineering services. B. Contractor has the necessary experience in providing professional services and advice related to surveying and engineering services. C. Contractor has submitted a proposal to City 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. ST ANDA RD 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 three (3) 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 one hundred fifty-three thousand sixty dollars ($153,060). 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 thirty-five thousand dollars ($35,000) 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 12/28/2022 June 20, 2023 Item #8 Page 8 of 27 DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-8380D18A8ED1 PSA23-2200TRAN 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, City Attorney Approved Version 12/28/2022 2 June 20, 2023 Item #8 Page 9 of 27 DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-8380018A8ED1 PSA23-2200TRAN 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-:VI I"; 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 projecUlocation 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 com-pletion 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 12/28/2022 3 June 20, 2023 Item #8 Page 10 of 27 DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 PSA23-2200TRAN 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11 .2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11 .3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11 .5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 12/28/2022 4 June 20, 2023 Item #8 Page 11 of 27 DocuSign Envelope ID: 09835945-2A35-4F4E-B8BE-8380018A8ED1 For City Name Lauren Ferrell Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 442-339-2558 PSA23-2200TRAN For Contractor Name Ron Holloway Title Project Manager Address 5151 Avenida Encinas, Suite L Carlsbad,CA 92008 Phone No. 760.931 .8700 Email RHolloway@bhaincsd.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 categories. Yes D No [83 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 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. June 20, 2023 City Attorney Approved Version 12/28/2022 5 Item #8 Page 12 of 27 DocuSign Envelope ID: 09835945-2A35-4F4E-B8BE-838DD18A8ED1 PSA23-2200TRAN 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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 12/28/2022 6 June 20, 2023 Item #8 Page 13 of 27 DocuSign Envelope ID: 09835945-2A35-4F4E-B8BE-8380018A8ED1 PSA23-2200TRAN 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. [signatures on following page] City Attorney Approved Version 12/28/2022 7 June 20, 2023 Item #8 Page 14 of 27 OocuSign Envelope ID: 09835945-2A35-4F4E-B8BE-8380018A8ED1 PSA23-2200TRAN 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 BHA, INC, a California corporation By: (sign here) Rod Bradley, President (print name/title) By: (sign here) Ron Holloway, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Ke~yor ATTEST: Sherry Freisinger, City Clerk f-- 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: CINDIE K. McMAHON, City Attorney BY: btl,\4, {\l.m,rA. -------------Deputy City Attorney City Attorney Approved Version 12/28/2022 8 June 20, 2023 Item #8 Page 15 of 27 PSA23-2200TRAN City Attorney Approved Version 12/28/2022 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 16 of 27 PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 17 of 27 b~A,lnc land planning, civil engineering, surveying April 14, 2023 Ms. Lauren Ferrell Public Works -Transportation Engineering CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 ROD BRADLEY, Urban Planner RONALD L. HOLLOWAY, Civil Engineer RE: UPDATED PROPOSAL FOR SURVEYING AND ENGINEERING SERVICES FOR THE IMPROVEMENT PLANS FOR VALLEY STREET AND MAGNOLIA AVENUE Dear Ms. Ferrell: BHA, Inc. is pleased to submit our new proposal for the continuation of work on the above- referenced project. Proposal includes changes to the improvement plans per the latest street layout as directed by the City of Carlsbad and Carlsbad Municipal Water District as well as the preparation of a drainage study, stormwater quality management plan and landscape plans. Our proposal includes our Scope of Work and Project Budget. We separated the fees for plan preparation between the City and water district based on the number of sheets that involved the water improvements. BHA understands that we will furnish all labor and material to provide the required services. Our staff will coordinate with City representatives prior to start of any work. All work will be performed by or under the direction of a California Registered Civil Engineer. Please review our proposal and do not hesitate to call, if you should have any questions or would like to meet with us to discuss our proposal in detail. Sincerely, bl-tA, Inc . ~ LlOO.~ I L,ldl.~;-Y Senior Vice President RLH:rlh carlsbad, city of -valley st. proposal 5115Avenida Encinas, Suite L o Carlsbad, California 92008-4387 o (760) 931-8700 o FAX (760) 931-7780 PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 18 of 27 Scope of Services -Amendment for Street Improvement Plan Revisions per City's Request Valley Drive and Magnolia Avenue April 14, 2023 TASK 1.0 UPDATE PLANS WITH NEW TOPOGRAPHIC INFORMATION & NEW CURB LAYOUT TASK I. I Additional Field Topography: BHA will conduct a field survey in order to update project base map to locate curb returns and street improvements on the North side of Chestnut Avenue and Valley Street, locate existing improvements on east side of intersection of Valley Street and Brady Circle, locate palm tree at 3638 Valley Drive, locate garage at 1710 Magnolia Ave., and locate curb returns on South side of Magnolia Avenue and Valley Street. Locate dry utility improvements to be constructed in Summer of 2023. TASK 1.2 Base Map Update: BHA will update the base map with new topographic information from field survey. Edit curb returns, sidewalk and ped ramps as needed to fit new survey data. Plot new dry utility improvements from field survey. TASK 1.3 Base Map Review by City: Submit Base Map plans to City for review and comments. TASK 1.4 Plan Revisions: Based on Base Map changes and City Review, BHA will revise the street improvement plan sheets, water improvement plan sheets, driveway profile sheets, drainage improvement plan sheets, demolition plan sheets, street light plan sheets, dry utility plan sheets, and striping plan sheets. Work to include the following: Sheet I -Update cover sheet index and City personnel Sheet 2 -Revise Legend and update notes Sheet 3 -Revise street sections & notes Sheets 4 -7 -Revise demolition construction notes and plan as needed to correspond to revised street layout per base map update Sheets 8 -13 -Prepare new street improvement plans per base map update including new curb profiles, data tables, and construction notes Sheets 14 -19 -Revise driveway plan and profiles based on new curb and sidewalk locations Sheets 20 -25 -Prepare new drainage plans and details based on new bioretention areas and provide connection details to existing storm drain pipes where feasible. Prepare detailed plan for sidewalk underdrains and new cross gutter at intersection of Valley Street and Brady Circle. Sheets 26 -28 -Revise waterline improvement plans per the base map update and current CMWD Water Standards. Revise locations of appurtenances(meters, air vacs, fire hydrants) to match new curb & sidewalk locations. -b~A ,lnc.------------ PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 19 of 27 April 14, 2023 Re: Scope of Services Page 2 Sheet 29 -Prepare detail sheet for replacement of 4 waterline valves per current CMWD Water Standards -see Task 2.0 Sheet 30 -Revise street light plan per the base map update. Revise street light locations to match new curb & sidewalk locations. Sheets 3 I -32 -Revise dry utility plan per the base map update and new SDG&E facility locations. Determine if new facilities will need to adjusted to match new curb & sidewalk locations. Sheets 33 -34 -Revise signing and striping plan per the base map update. Revise plan to match new curb & sidewalk locations. Task 1.5 Drainage Study: Revise the drainage study per the new base map update. Task 1.6 Stormwater Quality Management Plan: Prepare a Stormwater Quality Management Plan for the project. Task 1.7 Cost Estimates for all Construction Drawings -Prepare cost opinions for proposed City & CMWD improvements. TASK 2.0 CMWD WATERLINE VALVE REPLACEMENT-VALLEY & CHESTNUT Task 2.1 Prepare detail sheet for replacement of 4 waterline valves per current CMWD Water Standards. TASK 3.0 LANDSCAPE PLANS TASK 3.1 Photo Simulation & Street Cross Section: ADL Planning Associates shall prepare 4 photo simulations (2 Valley Street views, I Magnolia Avenue view & I Valley/Magnolia intersection view) & 3 illustrated street cross sections. TASK 3.2 Landscape & Irrigation Construction Drawings: ADL Planning Associates shall revise landscape plans per the base map update. Prepare landscape plans for new bioretention areas. TASK 4.0 CONSTRUCTION PLAN REVIEW -50% TASK 4.1 Construction Plan Review by City: Submit Construction plans to City & CMWD for 50% review and comments . ._b~A ,lnc. ------------- PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 20 of 27 April 14, 2023 Re: Scope of Services Page 3 TASK 5.0 COMMUNITY OUTREACH TASK 5.1 Meetings: Meetings with the Property Owners that front the project and City's representatives to review the proposed improvements. BHA will attend meetings when requested by City. Total of 22 properties. TASK 6.0 REVISE CONSTRUCTION PLANS, SPECIFICATIONS AND ESTIMATES FROM 50% REVIEW TASK 6.1 Construction Plans: BHA & ADL Planning will address plan review comments by the City, CMWD and Property Owners and revise the plans accordingly. TASK 6.2 Specifications: BHA will prepare City & CMWD specifications and supplemental provisions in Green Book format following the latest City Specifications Standards. TASK 6.3 Cost Estimates for all Construction Drawings -Edit cost opinions for proposed improvements per comments from City & CMWD .. TASK 7.0 CONSTRUCTION PLAN REVIEW-90% TASK 7.1 Construction Plan Review by City: Submit Construction plans and documents to City & CMWD for 90% review and comments. TASK 8.0 REVISE CONSTRUCTION PLANS, SPECIFICATIONS AND ESTIMATES FROM 90% REVIEW FOR FINAL SUBMITTAL TASK 8.1 Construction Plans: BHA & ADL Planning will address plan review comments by the City & CMWD and revise the plans accordingly. TASK 8.2 Specifications: BHA will edit specifications and supplemental provisions in Green Book format per comments from City & CMWD following the latest City Specifications Standards. TASK 8.3 Cost Estimates for all Construction Drawings -Edit cost opinions for proposed improvements per comments from City & CMWD .. TASK 9.0 CONSTRUCTION PLAN REVIEW -FINAL REVIEW AND ACCEPTANCE TASK 9.1 Construction Plan Review by City: Submit Construction plans and documents to City & CMWD for final acceptance. -bhA,lnc.------------ PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 21 of 27 April 14, 2023 Re: Scope of Services Page 4 TASK 10.0 REVISE CONSTRUCTION PLANS, SPECIFICATIONS AND ESTIMATES FOR FINAL APPROVAL TASK I 0.1 Construction Plans: BHA & AOL Planning will address plan review comments by the City & CMWD and revise the plans accordingly. TASK I 0.2 Specifications: BHA will edit specifications and supplemental provisions in Green Book format per comments from City & CMWD following the latest City Specifications Standards. TASK I 0.3 Cost Estimates for all Construction Drawings -Edit cost opinions for proposed improvements per comments from City & CMWD. TASK 11.0 PROJECT MEETINGS AND REIMBURSABLE EXPENSES TASK I 1.1 Meetings: Meetings with the City of Carlsbad & CMWD to review the project. TASK I 1.2 Reimbursable Expenses: BHA will bill the City of Carlsbad for reimbursable expenses, including prints, copies, etc. TASK 12.0 SDG&E & COMMUNICATION COORDINATION TASK 12.1 SDG&E Coordination: Coordination with San Diego Gas & Electric, Communication Companies, and the City of Carlsbad on the new underground system and adjustment of above ground facilities to match new curb and sidewalk. TASK 13.0 CONSTRUCTION SUPPORT Task 13.1 Task 13.2 Bid Support -BHA will be available to review and evaluate all construction bidding on the improvement area and will provide input towards each bidders proposal and prepare Project Addendums as necessary. Construction Support -BHA will be available during the construction phase to provide input and coordination and attend the pre-construction meeting at the beginning of the construction. TASK 14.0 AS-BUIL TS TASK 14.1 As-Builts: BHA will address construction changes and RFl's as necessary during construction and will prepare As-Built Drawings, once the project is completed . ._b~A, Inc.------------ PSA23-2200TRAN Exhibit "A" (cont.) DocuSign Envelope ID: D9835945-2A35-4F4E-B8BE-838DD18A8ED1 June 20, 2023 Item #8 Page 22 of 27 Project Budget -Amendment for Street Improvement Plan Revisions per City's Request Valley Drive and Magnolia Avenue April 14, 2023 TASK 1.0 Update Plans with New Topographic Information & Curb Layout TASK 2.0 CMWD Waterline Valve Replacement TASK 3.0 Landscape Plans TASK 4.0 Construction Plan Review by City-SO % TASK 5.0 Community Outreach TASK 6.0 Revise Construction Plans from 50% Review TASK 7.0 Construction Plan Review by City-90 % TASK 8.0 Revise Construction Plans from 90% Review City CMWD City CMWD City CMWD $65,226.00 $8,894.00 $3,320.00 $10,800.00 --------- $10,560.00 $15,030.00 $2,050.00 ---------- $5,403.00 $737.00 TASK 9.0 Construction Plan Review by City-Final Review ---------- TASK I 0.0 Revise Construction Plans from Final Approval City $3,626.00 CMWD $494.00 TASK I 1.0 Project Meetings & Reimbursable Expenses $10,600.00 TASK 12.0 SDG&E & Communication Companies Coordination $7,200.00 TASK I 3.0 Construction Support $7,200.00 TASK 14.0 As Builts $4,800.00 TOTAL $153,060.00 -bJ.tA,lnc.------------ CHESTNUT AVJ A M ESDR H I G H L A N D D R CANY O N S T W E S T H A V E N D R VI K I N G W Y M O N R O E S T VA L L E Y S T SAN D Y PL SARA WY G A Y L E W Y LAURIE C R KARREN L N BAS S W O O D A V B O N I T A L N MAR J O RIE LN D O N N A D R VALLEY P L ANDREA A V RID G E C R ESTDR A V O N D A L E C R JANIS W Y D O N N A C T A N N D R A L T H E A LN CHARLEENCR MAYCT PAR K D R MAGNOL I A A V B E D F O R D C R S E A C R E S T D R W O O D VALEDR S KYLINERD M A EZELLN BRADY C R LINDA L N C H A R T E R O A KDR M ARIALN LEE CT S E A V I E W W Y MONROESTREET POOL MAGNOLIAATHLETICFIELD CarlsbadHigh School ValleyMiddleSchool MagnoliaElementarySchool PROJECT NAME EXHIBIT2VALLEY AND MAGNOLIA COMPLETE STREETS $!Å **#5$ ·|}þ78 VISTA ENCINITAS SANMARCOS S.D. COUNTY OCEANSIDE PACIFIC OCEAN P A L OMARAIRPO RT R D TAMAR A CKAV ISLAND WY L A COSTAAV P OIN SE T T IALN MELR O S E D R C A R L S B A D B L E L C A MINOREA L C A RLSBA D VILLAGEDR RANCHO S ANTAFER D FAR ADAY A V C OLLEGEBL A L G A R D CANN ON R D $!Å Created By: Sara Jadhav 5/17/2023 J:\SaraJadhav_Customers\LaurenFerrell\Project\ValleyMagnoliaCompleteStreets\LocationMap6019.mxd VICINITY MAP LOCATION MAP PROJECT SITE North County Academy PROJECTNUMBER6019 Exhibit 2 June 20, 2023 Item #8 Page 23 of 27 Transportation Department 1635 Faraday Ave  Carlsbad, CA 92008  442-339-2558 t Memorandum May 10, 2023 To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From: Lauren Ferrell, Associate Engineer Via: Hossein Ajideh, Engineering Manager Re: Request for Exemption to Bidding for BHA Professional Services Agreement The purpose of this memorandum is to request authorization for an exemption to the bidding process per Municipal Code - Purchasing Code 3.28.110 (N). This code provides a bidding exemption for situations where solicitations of bids or proposals for good, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city. The proposed Valley Street & Magnolia Avenue Complete Streets Project will provide new sidewalk, curb and gutter, Americans with Disabilities Act (ADA)-compliant pedestrian curb ramps, improved conditions for bicyclists and additional lighting in the area. The proposed sidewalks will provide safer pedestrian routes for students attending Carlsbad High School, Valley Middle School, Magnolia Elementary School and North County Academy. Complete Streets is a design approach to provide safe access for everyone who needs to use them and for all modes of travel. Street improvements will be constructed within the city right- of-way along both sides of Valley Street from Chestnut Avenue to Magnolia Avenue, and on the north side of Magnolia Avenue from Valley Street to approximately 500 feet east of the intersection. The Project will also replace an old potable water main and water laterals in Valley Street, in coordination with the Carlsbad Municipal Water District, or CMWD. The project will construct public improvements in accordance with local policies previously adopted by the City Council, including the Mobility Element of the General Plan, the Sustainable Mobility Plan and the Climate Action Plan. The overarching document that identifies the city’s core transportation goals is the city’s General Plan Mobility Element, which focuses on multimodal transportation system. The Climate Action Plan identifies transportation as the largest source of greenhouse gas emissions in Carlsbad. To reduce GHGs, the plan calls for encouraging more walking and biking and reducing vehicle speeds. The Mobility Element sets forth several goals related to sustainable mobility: •Keep the City of Carlsbad moving with complete streets that provide a safe, balanced, cost effective, multi-modal transportation system (vehicles, pedestrians, bikes, transit), DocuSign Envelope ID: B505700E-E627-46E1-81C3-01E12845C6B1 Exhibit 3 June 20, 2023 Item #8 Page 24 of 27 {city of Carlsbad Muhlmeister May 10, 2023 Page 2 accommodating the mobility needs of all community members, including children, the elderly and the disabled. •Improve connectivity for residents, visitors and businesses. •Provide inviting streetscapes that encourage walking and promote complete streets. Traffic safety is top priority in the City of Carlsbad. On Aug. 23, 2022, the City of Carlsbad declared a local emergency following a more than 200% increase in collisions involving bikes and e-bikes since 2019. The City Council provided two million dollars in emergency funding and asked staff to prioritize projects that would redesign streets to encourage safer behaviors. This is particularly important given that the project is surrounded by four schools and creating safe routes to school is a city priority. BHA Inc. (BHA) has provided engineering services for the design of the project since 2015. In addition, BHA also supports CMWD as part of the project. Due to the length of involvement with the project, BHA has acquired extensive institutional knowledge about the project. As such, they are familiar with the local setting and important stake holders. BHA has also been assisting the city with ongoing coordination with other parties involved such as Carlsbad Unified School District, SDGE, AT&T, Charter/Spectrum, property owners and residents that has been underway since the project initiation. BHA has a deep understanding about the constraints that may affect the project. This knowledge will assist BHA and the city in continuing to work through design challenges and schedule constraints to finalize design and prepare contract documents for construction. There are a unique set of complexities associated with this project including SDGE undergrounding to remove overhead utility lines and poles from the project area that are located within the project area. SDGE undergrounding work is expected to start in summer 2023 and be completed by spring 2024. Also, existing topographic constraints and surface grades require each property to be evaluated in detail to make sure driveway access is achieved with the implementation of sidewalks through the neighborhood. BHA previously took the project to 100%-complete design which was presented to the Traffic & Mobility Commission on Dec. 7, 2020. Some commissioners expressed concern regarding the design components. In response to this feedback, staff were directed to develop an alternatives assessment and obtain public input. As a result, a complete redesign of the project improvements pushed the project back to a 60%-complete design. Staff and BHA are still working through design concepts and coordination with SDGE’s undergrounding work, property owners and the schools. A new professional services agreement with BHA will allow the project to move forward and finalize engineering design. Significant schedule delays and additional costs would result if the project was to go through a formal request for proposal process. Providing an exemption to DocuSign Envelope ID: B505700E-E627-46E1-81C3-01E12845C6B1 June 20, 2023 Item #8 Page 25 of 27 Muhlmeiste May 10, 2023 Page 3 BHA would save the city considerable time and money and is the most efficient and practical use of public funds that support this project. Staff are going to City Council on Jun. 20, 2023, with a recommendation to authorize execution of an agreement with BHA, Inc. to provide additional engineering services for the Valley & Magnolia Complete Streets Project. This agreement will be for $153,060 and the term of the agreement will be for a period of three years. The City Manager may amend the agreement to extend the term for three additional one-year periods. DK:bg Approval for Exemption __________________________________ __________ Roxanne Muhlmeister, Date Assistant Finance Director/Purchasing Officer CC: Paz Gomez, Deputy City Manager, Public Works Cindie McMahon, City Attorney Gina Herrera, Deputy City Attorney Tom Frank, Transportation Director/City Engineer Zach Korach, Finance Director Shea Sainz, Senior Contract Administrator Graham Jordan, Contract Administrator DocuSign Envelope ID: B505700E-E627-46E1-81C3-01E12845C6B1 5/17/2023 June 20, 2023 Item #8 Page 26 of 27 Valley and Magnolia Complete Streets Project BHA, Inc. agreements Date Contract No. Type Amount Term Extension Dept Services 4-May-15 TRAN1205 Agreement $ 58,960 18 months 1 year extension PW Engineering 1-Sep-16 TRAN1205 Amendment No. 1 $ 33,000 1 year N/A PW Green Street Design Alternatives 28-Mar-18 TRAN1683 Agreement $ 24,000 1 year 1 year extension PW City Design Revisions 30-Jul-18 PSA19-503TRAN Agreement $ 17,270 1 year 1 year extension CMWD Waterline Improvements 23-Jul-19 PSA19- 503TRAN Amendment No. 1 $ 10,050 1 year N/A CMWD Pothole Data Waterline Improvements 22-Oct-20 PSA21- 1296TRAN Agreement $ 34,960 1 year 1 year extension PW Surveying and Engineering 21-Oct-21 PSA21- 1296TRAN Amendment No. 1 $ 31,680 1 year N/A PW Engineering 13-Dec-21 PSA21- 1296TRAN Amendment No. 2 $ 3,320 1 year N/A CMWD Valve Replacement Valley & Chestnut Intersection 18-Oct-22 PSA21- 1296TRAN Amendment No. 3 $ - 1 year N/A CMWD Time extension only TOTAL $ 213,240 Exhibit 4 June 20, 2023 Item #8 Page 27 of 27