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HomeMy WebLinkAbout2024-07-16; City Council; ; Accepting Bids and Awarding a Construction Contract and Authorizing Execution of an Agreement for Construction Management and Inspection Services for the 2023 Slurry SealCA Review GH Meeting Date: July 16, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Eric Zielke, Senior Engineer eric.zielke@carlsbadca.gov, 442-339-2230 Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Emily Hasegawa, Engineering Manager emily.hasegawa@carlsbadca.gov, 442-339-5763 Subject: Accepting Bids and Awarding a Construction Contract and Authorizing Execution of an Agreement for Construction Management and Inspection Services for the 2023 Slurry Seal Project Districts: All Recommended Actions 1. Adopt a resolution accepting bids and awarding a construction contract to VSS International, Inc. in an amount not to exceed $6,640,120 for the 2023 Slurry Seal Project, Capital Improvement Program Project No. 6001-23SS. 2. Adopt a resolution authorizing execution of a professional services agreement with Reddy Engineering Services, Inc. to provide construction management, inspection, and materials testing services in an amount not to exceed $415,379 for the 2023 Slurry Seal Project, Capital Improvement Program Project No. 6001-23SS. Executive Summary The City of Carlsbad’s Pavement Management Program assesses the city’s roadway pavement conditions and resurfaces and restripes Carlsbad roads to keep streets, as nearly as possible, in the condition to which they were constructed. This program extends the useful life of city streets and saves money in the long run. The program includes the 2023 Slurry Seal Project, Capital Improvement Program Project No. 6001-23SS. Slurry seal is a layer made of asphalt emulsion, aggregate and other additives that is applied to asphalt pavement to preserve it and provide a new driving surface. This project will resurface approximately 37.7 miles of streets across the city, of which approximately 27.7 miles will be residential streets and about 10 miles will be arterial and collector streets, as shown in Exhibit 3. While the streets are being resurfaced, the city also restripes the roadways to provide additional traffic safety benefits, including helping to address speeding and to better support all modes of travel. These changes also reduce long-term July 16, 2024 Item #7 Page 1 of 24 maintenance costs. This project will also reconfigure a part of El Fuerte Street, from Faraday Avenue to just past Rancho Pancho, to calm traffic and improve safety. Staff have reviewed the bids received for the construction work and have determined that VSS International, Inc. is the lowest responsive and responsible bidder with a bid in an amount not to exceed $6,640,120. Carlsbad Municipal Code Sections 3.28.080(C) and 3.28.080(I)(6), which cover purchasing in construction contracts, require the City Council’s approval for all formally bid contracts when the value exceeds $200,000, making the project subject to this requirement. Staff have also reviewed the proposals received for construction management and inspection services and recommend execution of a professional services agreement with Reddy Engineering Services, Inc. in an amount not to exceed $415,379. The City Council’s approval of this professional services agreement procurement is required under Carlsbad Municipal Code Section 3.28.060(D)(5), because the value of the consulting work is greater than $100,000. Staff recommend accepting bids and awarding a construction contract to VSS International, Inc. in an amount not to exceed $6,640,120 and authorizing execution of a professional services agreement with Reddy Engineering Services, Inc. for construction management and inspection services in an amount not to exceed $415,379 for the 2023 Slurry Seal Project. Explanation & Analysis Construction contract On May 14, 2024, the City Council adopted Resolution No. 2024-101, approving the project’s plans, specifications and contract documents and authorizing advertising the project for construction bids. The project was then advertised using the city’s formal bidding procedures. Staff received four bids for construction of the project on June 20, 2024. Staff completed review of the bid documents and determined that the lowest responsive and responsible bidder was VSS International, Inc. with a bid in an amount not to exceed $6,640,120. VSS International, Inc. was found to be responsive because its bid met the requirements of the bidding documents and responsible because it submitted a list of similar projects to show its capability and qualification to perform the specified work. The construction contract contains general performance standards and references technical specifications, which if not met, allow the city to withhold payment. The contract also includes a one-year warranty period from the notice of completion. Construction management and inspection agreement Staff published a request for proposals for the construction management, inspection and materials testing consulting services for the project on May 2, 2024. Three responsive proposals were received on June 6, 2024, and were reviewed by a selection committee comprised of city staff. The proposals were evaluated in accordance with Carlsbad Municipal Code Section 3.28.060(A) and the criteria provided in the request for proposals. One additional proposal was not submitted in time, so it was not evaluated by staff. July 16, 2024 Item #7 Page 2 of 24 Based on the ranking of the proposals by the selection committee, staff recommend the City Council execute a professional services agreement with Reddy Engineering Services, Inc. in an amount not to exceed $415,379. The City Manager can extend the agreement for one additional one-year period, as needed. Fiscal Analysis Sufficient funding is available in the account for the Pavement Management Program, Capital Improvement Program Project No. 6001, to complete the project and cover the agreement for the construction management and inspection services. The program funding sources include fees generated from trash haulers and proceeds from the gas tax and the TransNet countywide sales tax, which is collected to fund regional transportation projects. The available funds and estimated construction costs are shown in the following table: Pavement Management Program Capital Improvement Program Project No. 6001 Total appropriation to date $68,349,889 Total expenditures/encumbrances to date -$52,653,756 Total available funding $15,696,133 2023 Slurry Seal Project Capital Improvement Program Project No. 6001-23SS Construction contract (VSS International, Inc.) -$6,640,120 Construction contingency -$1,400,000 Construction management, inspection and testing (estimated)* -$525,000 Total estimated construction costs -$8,565,120 Remaining balance after Project No. 6001-23SS $7,131,013 Additional appropriation needed $0 *This includes the construction management and inspection services to be provided by Reddy Engineering Services, Inc., as well as city staff time. Carlsbad Municipal Code Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of construction project contract award, which for this project is $1,400,000. Next Steps Once the City Council accepts the bids and awards the construction contract to VSS International, Inc., staff will issue a purchase order, schedule a pre-construction meeting with VSS International, Inc. and issue a notice to proceed for construction of the project, which is expected to commence in summer 2024. Also, once the agreement with Reddy Engineering Services, Inc. is approved by the City Council and fully executed, staff will issue a purchase order and a notice to proceed for the construction management and inspection services for the project. July 16, 2024 Item #7 Page 3 of 24 The duration of the construction contract is 90 working days, not including rain days and delays from change orders that may extend the contract duration. Upon successful completion of the project a notice of completion will be recorded to release bonds issued for the project. Environmental Evaluation In accordance with the California Environmental Quality Act Guidelines, the City Planner determined on April 5, 2024, that the slurry seal project qualified for an exemption under CEQA Guidelines Section 15301(c) - Existing Facilities. A notice of intended decision regarding the environmental determination for this project was advertised and posted on the city’s website. No comment letters or appeals were received and, consistent with Carlsbad Municipal Code Chapter 21.54 - Procedures, Hearings, Notices, and Fees. The City Planner’s written decision is final. Exhibits 1. City Council resolution - construction contract 2. City Council resolution - construction management and inspection services agreement 3. Location map July 16, 2024 Item #7 Page 4 of 24 Exhibit 2 July 16, 2024 Item #7 Page 5 of 24 Exhibit 1 RESOLUTION NO. 2024-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. IN AN AMOUNT NOT TO EXCEED $6,640,120 FOR THE 2023 SLURRY SEAL PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6001-23SS WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the 2023 Slurry Seal Project, Capital Improvement Program, or CIP, Project No. 6001-23SS, or Project; and WHEREAS, on May 14, 2024, the City Council adopted Resolution No. 2024-101, approving the plans, specifications and contract documents and authorizing advertisement for construction bids for the project; and WHEREAS, on June 20, 2024, staff received four bids for construction of the Project; and WHEREAS, VSS International, Inc. submitted the lowest responsive and responsible bid to construct the project, in an amount not to exceed $6,640,120; and WHEREAS, the Project funding sources include non-jurisdictional fees, which are generated from trash haulers, gas tax and TransNet local funds, and sufficient funding is available in the account for the Pavement Management Program, CIP Project No. 6001, to complete the Project; and WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080{C) and 3.28.080(1)(6), which cover purchasing in construction contracts, require that the City Council award all formally bid contracts when the value exceeds $200,000; therefore, the Project is subject to this requirement; and WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090{8) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which is $1,400,000 for the Project; and WHEREAS, the City Planner determined on April 5, 2024, that the slurry seal project qualified for an exemption under California environmental Quality Act, or CEQA, Guidelines Section 15301{c) - Existing Facilities. A notice of intended decision regarding the environmental determination for this project was advertised and posted on the city's website. No comment letters or appeals were received and, consistent with CMC Chapter 21.54 -Procedures, Hearings, Notices, and Fees, the City Planner's written decision is final. July 16, 2024 Item #7 Page 6 of 24 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 lowest responsible and responsive bid of $6,640,120 submitted by VSS International, Inc. for construction of the 2023 Slurry Seal Project, CIP Project No. 6001- 23SS, is accepted, and the Mayor is hereby authorized to execute the contract for the Project. 3. That the City Manager or designee is authorized to approve construction change orders up to $1,400,000 for the Project. 4. That the award of this contract is contingent upon VSS International, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of :!..!![y, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER. NONE. NONE. LUNA. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) July 16, 2024 Item #7 Page 7 of 24 RESOLUTION NO. 2024-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH REDDY ENGINEERING SERVICES, INC. TO PROVIDE CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES IN AN AMOUNT NOT TO EXCEED $415,379 FOR THE 2023 SLURRY SEAL PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6001-23SS WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to hire a firm experienced in construction management, inspection and materials testing services for the 2023 Slurry Seal Project, Capital Improvement Program, or CIP, Project No. 6001-23SS, or Project; and WHEREAS, on May 2, 2024, staff posted a Request for Proposa ls, or RFP, for solicitation to provide construction management, inspection and materials testing services for the Project; and WHEREAS, on June 6, 2024, staff received three proposals in response to the RFP; and WHEREAS, upon review of the proposa ls based on best-value criteria consistent with Carlsbad Municipal Code, or CMC, Sections 3.28.0S0(D)(2) and 3.28.060 and criteria provided in the RFP, staff ranked Reddy Engineering Services, Inc. as the most qualified consultant to provide construction management, inspection and materials testing services for the Project; and WHEREAS, staff and Reddy Engineering Services, Inc. negotiated the scope of work and the associated fee in an amount not to exceed $415,379 to provide construction management, in spection and materials testing services over an initial one-year term with one additional one-year extension as authorized by the City Manager; and WHEREAS, the Project funding sources include non-jurisdictional fees, which are generated from trash haulers, gas tax and TransNet local funds, and sufficient funding is ava ilable in the account for the Pavement Management Program, CIP Project No. 6001, to complete the Project and cover the agreement for the construction management and inspection services; and WHEREAS, CMC Section 3.28.0G0(D)(S) requires the City Council to approve professional se rvices agreements when the value exceeds $100,000, so the Agreement with Reddy Engineering Services, Inc. is su bject to this requirement; and WHEREAS, the City Planner determined on April 5, 2024, that the slurry seal project qualified for an exemption under California environmental Quality Act, or CEQA, Guidelines Section 15301(c) - Existing Facilities. A notice of intended decision regarding the environmental determination for this July 16, 2024 Item #7 Page 8 of 24 project was advertised and posted on the city's website. No comment letters or appeals were received and, consistent with CM C Chapter 21.54 -Procedures, Hearings, Notices, and Fees, the City Planner's written decision is final. 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 Reddy Engineering Services, Inc. in an amount not to exceed $415,379 for construction management, inspection and materials testing services for the 2023 Slurry Seal Project, CIP Project No. 6001-2355, which is attached hereto as Attachment A. 3. That the City Manager is authorized to amend the Agreement to extend the term for one (1) additional one (1) year period or parts thereof. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of J.!!!y, 2024, by the following vote, to wit: AYES: NAYS : ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER. NONE. NONE. LUNA. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Attachment ADocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1 E3BF9060AF5 PSA24-3473CMI AGREEMENT FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE 2023 SLURRY SEAL, PROJECT NO. 6001-23SS REDDY ENGINEERING SERVICES, INC. __-1HIS AGREEMENT is made and entered into as of the \:J-\i-. day of ~\JI\~ . 2024, by and between the City of Carlsbad, California, a municipal corporation ('~ity") and Reddy Engineering Services, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in construction management, inspection, and materials testing services. B. Contractor has the necessary experience in providing professional services and advice related to construction management, inspection, and materia.ls testing services. C. Contractor has submittec;l a proposal t o City under RFP24-3438CMI 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, t hose 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 rea sonable 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 an d expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) yea r period or part 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 t he extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agree ment. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed four hundred fifteen thousand three hundred seventy nine dollars ($415,379.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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 5/22/2024 Page 1 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 2 6. PUBLIC WORKS 6.1 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 constitute “public works” under California Labor Code section 1720 et seq. and 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 10 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 3 8. 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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 DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 11 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 4 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. 12. 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. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 12 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 5 12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 12.2.4 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. 12.5 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. 13. 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. 14. 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 four (4) years from the date of final payment under this Agreement. 15. 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. 16. 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. 17. 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 are: DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 13 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 6 For City For Contractor Name Steve Didier Name Vinay Reddy Title Municipal Projects Manager Title President Department Public Works Address 3160 Camino Del Rio South, Ste. 103 City of Carlsbad San Diego, CA 92108 Address 1635 Faraday Ave. Phone No. 510-409-2640 Carlsbad, California 92008 Email vinay@reddyengineering.com Phone No. 760-994-9485 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. 18. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. 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. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 Vinay@reddyengineering.com 5104092640Vinay Reddy July 16, 2024 Item #7 Page 14 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 7 emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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. 23. 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. 24. 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. DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 15 of 24 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 8 25. 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. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. 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. 27. 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. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. 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. This Agreement may be executed in counterparts. 30. 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. [signatures on following page] DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 16 of 24 July 16, 2024 Item #7 Page 17 of 25 DocuSign Envelope ID: C742892D-9EBC-42E3-B1 AC-1 E3BF9060AF5 PSA24-3473CMI Executed by Contractor this_26~---day of June 2024. CONTRACTOR REDDY ENGINEERING SERVICES, INC., a California corporation By: (sign here) Vinay Reddy, President and Chief Financial Officer (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Keith Blackburn, Mayor ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f...2 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: --'bf'---'-t,u,____:.~"---~----- Assistant City Attorney City Attorney Approved Version 5/22/2024 Page 9 PSA24-3473CMI City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 18 of 24 Annual Budget LABOR CONSRUCTION PROJECT INSPECTOR COMPLIANCE PRINCIPAL-IN• MANAGER/ SR. PROJECl TECHNICAL ADVISOR • PREVAILING WAGE STORMWATER OUTREACH MATERIALS /PROJECT CHARGE INSPECTOR (AS-NEEOEO) (NIGHT WORK) SPECIALIST COORDINATOR TESTING CONTROLS RATE $225.00 $21S.OO $230.00 $215.00 $215.00 $155.00 $78,792 $80.00 HOURS FEE 1. CONSTRUCTION MANAGEMENT ADMINISTRATION $· 1. 1 REVIEW CONTRACT DOCUMENTS/ ROAD REVIEWS/ MARKOUT 8 140 140 4 4 296 $63,479.44 1 .2 PREPARE/ CONDUCT PRE-CONSTRUCTION MEETING 4 2 4 4 14 $2,769.98 1 .3 PERFORM CONSTRUCTION MANAGEMENT AND ADMINISTRATION 16 80 80 176 $37,999.68 2 PERFORM FIELD INSPECTION AND DOCUMENTATION 0 $· 2.1 INSPECTION 660 8 120 144 932 $200,497.36 2.2 PUBLIC INTERFACE 40 40 $6,200.00 2.3 DOCUMENTATION 40 40 $3,200.00 2.4 PUNCH UST 60 20 80 $17,199.76 3. MATERIALS SAMPLING AND TESTING (See Attachment A) 0 $· 3.1 FIELD SAMPLING AND TESTING 0 $- 3.2 LAB TESTING 0 $· 4. COMPLETE REPORTS AND JOB CLOSEOUT 0 $· 4.1 FINAL REPORTS AND JOB CLOSEOUT 8 16 24 $5,239.94 TOTAL ESTIMATED SERVICES (170 WO): $7,200.00 $206,396.16 $1,840.00 $77,830.00 $32,680.00 $7,440.00 $78,792.00 $3,200.00 1602 $415,378.16 TASK 1.GEOTECHNI.CALOBSERVATION&TE5TING A. Technician Ob.s-t!rviltionandTt!1ting 5ervicr1 During Construction Field Tester /Technician (Patch Repair.;! 200 hr.; Assume 25 v~its at 6to 8 hour.; each $220.00 $44,000.00 Field Tester /Technician -Night Work (Patch Repair.;) 40 hr.; Assume 5 visits at 6 to 8 hour.; each $255.00 $10,200.00 Soil Maximum Density (ASTMD1557/Proctorl 2 tests Assume 2 soi I types $305.00 $610.00 Hveem Stability (ASTM D15601 2 tests Assume 2 HMA types; pre-production $285.00 $570.00 Unit Weight, HveemMethod (ASTM D15611 2 tests Assume 2 HMA types; pre-production $215.00 $430.00 Maximum Theoretical Specific Gravity (ASTM D2041) 2 tests Assume 2 HMA types; pre-production $140.00 $280.00 Sand Equivalent (CT 2171 2 teru $115.00 $230.00 Durability Index, .c&F (CT229) tests $215.00 $215.00 LA Abrasion, % loss (CT 211) tests $215.00 $215.00 Soundness,assume 2 sizes (ASTM.C88) 2 tests $240.00 $480.00 Sieve Analys ~ (ASTM .C 1 36 l 2 teru $155.00 $310.00 Wet Track Abrasion (ASTJ\i D39101 40 teru $160.00 $6,400.00 Extraction Test (ASTM D6307, CT 3821 20 tests $160.00 $3,200.00 Slurry Seal Water.Content 3 teru $70.00 $210.00 lg nit ion Oven (al i brat ion tests $440.00 $440.00 ESTIMATED SUBTOTAL-GEOTE.CHNl.cAL $68,192 TA5K2 PROJE(T MANAGEMENT, ADMINISTRATION, AND FINAL REPORT Project Manager 40 hr.; Field coord, Dispatch, Document Control $265.00 $10,600.00 ESTIMATED SUBTOTAL $10,600 ESTIMATED TOTAL FEE $78,792 6 Project Approach4Project Approach4 Proposed Efficient Project Approach Our team is personally invested in this project. Several of our team members live in Carlsbad, including RE Services founder, Vinay Reddy, PE, QSD. In the role of Construction Manager/Sr Project Inspector, Vinay will be the primary point- of-contact for the City and will ensure the project is completed on time, within budget, and to the required quality standards outlined in the contract documents. To achieve our Top 5 goals, our construction administration approach uses best practices from similar scopes of work throughout the region. Understanding and Minimizing Issues RE Services relishes the opportunity to perform preconstruction services prior to issuing the plans for construction. We propose beginning with what we call “road reviews.” We will drive each roadway with a GoPro attached to the dash, creating an all- encompassing record of the road segment just prior to construction. This process includes documenting existing conditions, performing quantity takeoffs and and noting any issues that City maintenance should be aware of, such as those shown in Figure 2 on the following page. Deliverables we will provide upon completion of our road reviews include: • Detailed project timeline • Comprehensive item forecast • Before photos and videos • Utility log • Scope of work confirmation • Risk Management Plan • Permitting and Compliance Plan • Traffic Management Plan • Quality Assurance and Testing Plan • Communication Plan • Safety Plan RE Services is ready to hit the ground running and will further refine our preliminary road review to optimize your project for the maximum return on investment. Quality Assurance Quality Control and Oversight | Martin Phillips, PE, QSP, will serve as Technical Advisor, and will review the contract documents to ensure that all requirements are clearly understood and adhered to. He will spot check document controls such as submittals and RFIs and attend the preconstruction meeting and the paving preconstruction meeting prior to asphalt work. Martin will assist Vinay and Leighton by reviewing all Greenbook mix design submittals, and review all test reports including any non-conformance testing outside of contractual compliance. Punch List | Vinay will engage City stakeholders to provide a quality finished product. As a best practice, we issue punch lists for phases of work as they complete to give the contractor a clear understanding of what will be required prior to acceptance. On CS23A for the City of Encinitas, for example, the concrete curb ramps were completed a few weeks into the project, and we provided a comprehensive punch list to avoid any issues associated with remobilizing the subcontractor at the end of the project. Field Inspection Services | Vinay will conduct full-time field inspection. He will track the contractor’s progress and document labor, equipment, and materials in a thorough daily diary. He will obtain sign off on an agreed-upon quantity report each day with the contractor, an excellent tool to avoid discrepancies. Materials Sampling and Testing | We have engaged Leighton to conduct materials sampling and testing to assure quality. Our approach is provided under Special Testing and Inspection Services on page 10. Safety Zero Recordables1 Budget Return a portion of contract contingency by change control management3 Schedule Complete the project on time4 Outreach Develop a positive public perception5 Top 5 Goals 2 Quality Meet all contract quality and material standards Legend: RFP Hot Buttons Identified Quality Assurance Knowledge of Codes, Standards, and Regulations PSA24-3473CMI Exhibit "A" (Cont.) DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 19 of 24 ~ ~----------, -, I • ll. ~ Ci t y o f C a r l s b a d R F P 2 4 - 3 4 3 8 C M I Co n s t r u c t i o n M a n a g e m e n t a n d I n s p e c t i o n S e r v i c e f o r 2 0 2 3 S l u r r y S e a l P r o j e c t 7 Fi g u r e 2 : R E S e r v i c e s ’ I n i t i a l R o a d R e v i e w M a p - C h a l l e n g e s a n d S o l u t i o n s IS S U E S I D E N T I F I E D Ca l l e A c e r v o Un m a r k e d d i g o u t / p a t c h e s La t e r a l c r o s s i n g w o r k n e e d e d s o o n a t C a l l e B a r c e l o n a Ou t r e a c h . S c h o o l z o n e . W o r k d u r i n g s c h o o l b r e a k Va r i o u s d e p r e s s i o n s / s i n k i n g a t w e t u t i l i t i e s Po s s i b l e b u r i e d m a n h o l e Ca l l e T i m i t e o Un m a r k e d d i g o u t / p a t c h e s Ex t r a c a u t i o n a t s t a m p e d c o n c r e t e a t a p a r t m e n t e n t r a n c e Ou t r e a c h . L o t s o f s t r e e t p a r k i n g d u e t o a p a r t m e n t s Si g n i f i c a n t a s p h a l t a n d s l u r r y u n r a v e l i n g . Ca l l e D e L o s C o c h e s Un m a r k e d d i g o u t / p a t c h e s Ma j o r d e p r e s s i o n / s i n k i n g a t m a n h o l e Ou t r e a c h . S c h o o l z o n e . W o r k d u r i n g s c h o o l b r e a k Ca l l e B a r c e l o n a Un m a r k e d d i g o u t / p a t c h e s Ne w b i k e l a n e / s t r i p i n g - P a s e o A l m e n d r o t o R a n c h o S a n t a FeBa t i q u i t o s D r Un m a r k e d d i g o u t / p a t c h e s Ma j o r w e e d a b a t e m e n t a n d c o n t r o l n e e d e d El C a m i n o R e a l - A r e n a l t o A v i a r a Un m a r k e d d i g o u t / p a t c h e s Ou t r e a c h . F i r e s t a t i o n i n t h e v i c i n i t y Ma j o r w e e d a b a t e m e n t a n d c o n t r o l n e e d e d Ne e d c l a r i f i c a t i o n o n l i m i t s a t A v i a r a P a r k w a y Ex t r e m e l y l o n g l o n g i t u d i n a l c r a c k a l o n g l a n e l i n e j o i n t Th e C r o s s i n g s D r Bu r i e d w a t e r v a l v e Un m a r k e d d i g o u t / p a t c h e s AD A r a m p l e a d s t o u n s a f e a s p h a l t c r o s s w a l k Br o k e n s u r v e y m o n u m e n t f r a m e Wa t e r v a l v e s b e l o w s u r f a c e g r a d e Pa s e o D e l N o r t e Un m a r k e d d i g o u t / p a t c h e s Ma j o r w e e d a b a t e m e n t a n d c o n t r o l n e e d e d Ex t r a c a u t i o n w i t h s t a m p e d c o n c r e t e c r o s s w a l k s Ou t r e a c h . C a r d e a l e r s h i p z o n e , l o t s o f s t r e e t p a r k i n g u s e d El C a m i n o R e a l - M a r r o n R d t o C h e s t n u t A v e Un m a r k e d D i g o u t / P a t c h e s Po s s i b l e b u r i e d w a t e r v a l v e Po s s i b l e b u r i e d m o n u m e n t Wa t e r v a l v e b e l o w s u r f a c e g r a d e w i l l g e t d e e p e r Ta m a r a c k A v e Un m a r k e d d i g o u t / p a t c h e s Bu r i e d s u r v e y m o n u m e n t Ou t r e a c h . S c h o o l z o n e . W o r k d u r i n g s c h o o l b r e a k Ha r d i n g S t Un m a r k e d d i g o u t / p a t c h e s TS l o o p s a f f e c t e d a t H a r d i n g & C a r l s b a d V i l l a g e 1 C i r c u l o A d o r n o – B u r i e d M a n h o l e Ch a l l e n g e : U n m a r k e d u t i l i t y ma n h o l e , b a s e d o n f a i l u r e s i z e an d s h a p e . So l u t i o n : O u r c r e w w i l l m a r k o u t a n d w o r k w i t h Ca r l s b a d ’ s u t i l i t y c o o r d i n a t o r t o i d e n t i f y a n d co n f i r m u t i l i t y a n d a d j u s t i n c o n t r a c t . Be n e f i t : R E S e r v i c e s d e t e c t s un m a r k e d u t i l i t i e s i n r o a d s , pr o v i d i n g b e n e f i t s s u c h a s co s t s a v i n g s f r o m a v o i d i n g re p a i r s a n d k e e p i n g p r o j e c t s on s c h e d u l e . W e c o l l a b o r a t e wi t h l o c a l u t i l i t y a g e n c i e s f o r be t t e r c o o r d i n a t i o n a n d r i s k ma n a g e m e n t . T h i s e n h a n c e s re s o u r c e e f f i c i e n c y a n d p r o l o n g s yo u r r o a d ’ s l i f e s p a n . 5 C a l l e S a n B l a s – U n s u i t a b l e S o i l Ch a l l e n g e : L o c a t i o n s h o w s s i g n s of u n s u i t a b l e m a t e r i a l , a s p h a l t se t t l i n g / s i n k i n g . So l u t i o n : O u r c r e w s w i l l w o r k w i t h P u b l i c W o r k s an d p o s s i b l y p e r f o r m a l e a k i n v e s t i g a t i o n t h e n pr o c e e d w i t h a D i g o u t / F u l l D e p t h R e p a i r . ( 6 ” Dig o u t ) Be n e f i t : A d d r e s s i n g t h e s e i s s u e s ea r l y t h r o u g h r e p a i r s ca n p r e v e n t f u r t h e r da m a g e t o t h e r o a d an d s u r r o u n d i n g in f r a s t r u c t u r e , po t e n t i a l l y s a v i n g mo n e y o n m o r e ex t e n s i v e r e p a i r s i n th e f u t u r e . Pa s e o d e l N o r t e ( C a r C o u n t r y ) - H i g h T r a f f i c V o l u m e s Ch a l l e n g e : P a s e o d e l N o r t e i s a h i g h - v o l u m e a r t e r i a l r o a d se r v i c i n g k e y c o m m e r c i a l te n a n t s , i n c l u d i n g C a r l s b a d Pre m i u m O u t l e t s , T h e Fl o w e r F i e l d s , T h e W i n d m i l l Fo o d h a l l , C a r C o u n t r y D r i v e , an d t h e S t r a w b e r r y F i e l d s U- P i c k , e s p e c i a l l y b u s y du r i n g p e a k s e a s o n s . So l u t i o n : V i n a y w i l l h i g h l i g h t t h i s c r i t i c a l r o a d se g m e n t d u r i n g t h e k i c k o f f m e e t i n g w i t h t h e C i t y an d t h e C o n t r a c t o r . H e w i l l e n s u r e s t r i c t a d h e r e n c e to t h e T C P a n d n o t i f i c a t i o n s p e c i f i c a t i o n s i n c l u d i n g PC M S p l a c e m e n t . T o e n h a n c e s t a k e h o l d e r o u t r e a c h , RE S e r v i c e s w i l l c o l l a b o r a t e w i t h C i t y S t a f f a n d St a k e h o l d e r s t o c o m m u n i c a t e p r o j e c t s c h e d u l e s a n d ch a l l e n g e s d i r e c t l y . T o e n s u r e s a f e p a s s a g e , V i n a y w i l l su g g e s t t o e n h a n c e t e m p o r a r y s t r i p i n g ( c a t t r a c k i n g wi t h o n e c o a t p a i n t ) t o e n s u r e s a f e p a s s a g e u n t i l t h e fi n a l p a v e m e n t d e l i n e a t i o n i s a p p l i e d . Be n e f i t : E a r l y e n g a g e m e n t w i t h t h e C o n t r a c t o r a n d S t a k e h o l d e r s f o s t e r s t r u s t a m o n g th e p r o j e c t t e a m a n d t e n a n t s , e n s u r i n g p o s i t i v e p u b l i c p e r c e p t i o n o f t h e p r o j e c t . 2 G o l d e n S t a r t L n . – D i g o u t S a m p l e Ch a l l e n g e : L o c a t i o n s h o w s fa t i g u e ( a l l i g a t o r ) c r a c k i n g . So l u t i o n : O u r c r e w w i l l m a r k o u t a n d e n c u m b e r fu n d s f r o m c o n t i n g e n c y t o p e r f o r m p a t c h r e p a i r s sh o w n . Be n e f i t : E a r l y m a r k i n g by o u r c r e w s a l l o w s f o r pr o a c t i v e p r o b l e m - s o l v i n g , re d u c i n g p o t e n t i a l d e l a y s an d e n s u r i n g e f f i c i e n t u s e of r e s o u r c e s . T h i s f o r e s i g h t aid s i n m a i n t a i n i n g a h i g h st a n d a r d o f q u a l i t y a n d ca r e , u l t i m a t e l y r e s u l t i n g in d u r a b l e a n d l o n g - l a s t i n g ro a d c o n s t r u c t i o n s . 6 C i r c u l o A d o r n o – D i g o u t S a m p l e Ch a l l e n g e : L o c a t i o n s h o w s fa t i g u e ( a l l i g a t o r ) c r a c k i n g . So l u t i o n : O u r c r e w w i l l m a r k o u t a n d e n c u m b e r fu n d s f r o m c o n t i n g e n c y t o p e r f o r m p a t c h r e p a i r s sh o w n . Be n e f i t : E a r l y m a r k i n g by o u r c r e w s a l l o w s f o r pr o a c t i v e p r o b l e m - s o l v i n g , re d u c i n g p o t e n t i a l d e l a y s an d e n s u r i n g e f f i c i e n t u s e of r e s o u r c e s . T h i s f o r e s i g h t aid s i n m a i n t a i n i n g a h i g h sta n d a r d o f q u a l i t y a n d ca r e , u l t i m a t e l y r e s u l t i n g in d u r a b l e a n d l o n g - l a s t i n g ro a d c o n s t r u c t i o n s . 7 T h e C r o s s i n g s D r . – B r o k e n M o n u m e n t Ch a l l e n g e : L o c a t i o n s h o w s br o k e n s u r v e y m o n u m e n t . So l u t i o n : O u r c r e w w i l l w o r k w i t h C a r l s b a d ’ s ut i l i t y c o o r d i n a t o r a n d t h e c o n t r a c t o r t o r e p l a c e an d a d j u s t m o n u m e n t t o g r a d e p e r S D R S D M - 1 0 . Co v e r e d u n d e r B I 2 5 . Be n e f i t : I n s o m e c a s e s br o k e n s u r v e y m o n u m e n t s ma y p o s e s a f e t y h a z a r d s , es p e c i a l l y i f t h e y a r e l o c a t e d in p u b l i c a r e a s o r n e a r ro a d w a y s . R e p a i r i n g t h e s e mo n u m e n t s h e l p s e n s u r e pu b l i c s a f e t y b y e l i m i n a t i n g po t e n t i a l t r i p p i n g h a z a r d s an d p r e v e n t i n g a c c i d e n t s . 8 T h e C r o s s i n g s D r . – Be l o w G r a d e V a l v e s Ch a l l e n g e : L o c a t i o n s h o w s mu l t i p l e w a t e r v a l v e s b e l o w su r f a c e g r a d e . So l u t i o n : O u r c r e w w i l l w o r k w i t h C a r l s b a d ’ s u t i l i t y co o r d i n a t o r a n d t h e c o n t r a c t o r t o p r o v i d e s l i p ca n s o r r i s e r r i n g s i n o r d e r t o a d j u s t t h e v a l v e s t o su r f a c e g r a d e . Be n e f i t : D r i v e r s c a n s t a y in c o n t r o l o f th e i r v e h i c l e s an d p r e v e n t su s p e n s i o n da m a g e . Ea s y a n d f a s t ac c e s s t o w a t e r va l v e i n c a s e o f i m m e d i a t e sh u t d o w n . 3 G r a n d P a c i f i c D r . – A D A S a f e t y Ch a l l e n g e : L o c a t i o n s h o w s tr i p p i n g h a z a r d , u n e v e n s u r f a c e dis t r e s s . So l u t i o n : A p a t c h r e p a i r t o p r o v i d e a s m o o t h a n d sa f e c r o s s w a l k a n d r e m o v e a n y t r i p p i n g h a z a r d s fo r t h e s a f e t y o f p e d e s t r i a n s a n d p e o p l e u s i n g wh e e l c h a i r s . Be n e f i t : P r o t e c t s p u b l i c sa f e t y . 4 T h e C r o s s i n g s D r . – Bu r i e d W a t e r V a l v e Ch a l l e n g e : T h e r e i s a v i s i b l e bu r i e d w a t e r v a l v e . So l u t i o n : O u r c r e w s w i l l m a r k o u t a n d w o r k w i t h Ca r l s b a d ’ s u t i l i t y c o o r d i n a t o r t o i d e n t i f y a n d co n f i r m u t i l i t y a n d a d j u s t i n c o n t r a c t . Be n e f i t : R E S e r v i c e s d e t e c t s un m a r k e d u t i l i t i e s i n r o a d s , pr o v i d i n g b e n e f i t s s u c h a s co s t s a v i n g s f r o m a v o i d i n g re p a i r s a n d k e e p i n g p r o j e c t s on s c h e d u l e . W e c o l l a b o r a t e wit h l o c a l u t i l i t y a g e n c i e s f o r be t t e r c o o r d i n a t i o n a n d r i s k ma n a g e m e n t . T h i s e n h a n c e s re s o u r c e e f f i c i e n c y a n d pr o l o n g s y o u r r o a d ’ s l i f e s p a n . Cr a c k i n g A l o n g O u t s i d e Ed g e 6x 1 2 2x 2 Dig o u t / P a t c h 2” 12 x 3 4 5x 1 7 11 x 2 3 6x19 6x6 9x27 8x166x8 1 23 Palomar Airport Rd. The C r o s s i n g s D r . Tamarack Ave .Pas e o D e l N o r t e Paseo D e l N o r t e Far a d a y A v e . C o l i b r i L n . L a G o l o n d r i n a S t . Bressi Ranch Way. Alga Rd. Cadencia S t . El Fuerte St. Mica R d. Melrose Dr. Xana Way. R ancho S a n ta Fe Rd. B atiquitos Dr. El Camino Re al Avia ra P y. La Costa A v e . College Blvd. Carlsbad Village Dr.El Camino Real Har d i n g S t . Carlsbad Blvd. Cannon Rd. Poinsettia Ln. 5 5 2 7 8 3 4 5 6 1 PS A 2 4 - 3 4 7 3 C M I Ex h i b i t " A " ( C o n t . ) Do c u S i g n E n v e l o p e I D : C 7 4 2 8 9 2 D - 9 E B C - 4 2 E 3 - B 1 A C - 1 E 3 B F 9 0 6 0 A F 5 July 16, 2024 Item #7 Page 20 of 24 l~ l) • ~ \. • I • • • ~t ..... k,~, e:;. "' / It I ) . I • It • • • City of Carlsbad RFP 24-3438CMI Construction Management and Inspection Service for 2023 Slurry Seal Project 8 Strategies to Provide Services Efficiently and Cost-effectively Cost Approach We have optimized our CM approach and cost proposal to provide the City of Carlsbad with the value that can be expected from RE Services. Our cost proposal accounts for an additional as-needed inspector to assist with multiple crews to ensure full coverage of the project. Typically, the as-needed inspector will be used during digout activities and PCC improvement the first two months prior to seal scope. Vinay will assist with fieldwork to ensure the project is covered, while remaining budget efficient. Vinay will also assist in completing the project final delivery reports to satisfy funding requirements. Schedule and Budget Management We will monitor the project schedule and budget closely to ensure that the project is completed on time and within budget. Contractor pay estimates will be accompanied with a Fiscal Accounting of Financial Contingency (FAFC) form identifying the projected remaining funding based on item adjustments and change orders. Monthly task order invoices will be supplemented with burn rate sheets indicating the remaining task order balance so both parties can proactively manage task order budgets and eliminate surprises if/when a task order amendment is needed. Vinay helped pioneer the “burn-rate” sheet to estimate remaining project task order budgets based on the weekly statement of working days (WSWD) to clearly communicate the construction and CM budgets as the project develops. RE Services has never overrun a program budget in our six-year history. Quantities | RE Services recently developed a quantity tracker that breaks out the engineer’s estimated quantities by road segment. We use this information to tentatively agree on daily quantities with the contractor to eliminate disputes during progress payments and Proposed Final Estimate (PFE). Construction Services Construction Document Controls | We will invite the City to view and edit our document controls for accuracy and completeness. Vinay will leverage his construction document controls experience on similar projects to diligently: • Receive, log, and review all submittals, RFIs, and change order requests • Compare all items to the contract documents and involve the City PM and designer, as needed • Work with Leighton to review the AC mix and concrete mix designs •Track and process weekly statements of working days for the project file and dissemination to stakeholders Weekly Meetings and Reports | RE Services will act as an extension of your staff, providing the information you need, when you need it. We will host the construction meetings, beginning with the preconstruction meeting, to calibrate expectations for the contractor and stakeholders and align them with the important aspects of the contract documents. We will provide weekly construction reports at a high level of detail showcasing the key events of that week so City Management feels engaged on developments and nonconforming activities. Traffic Control | Maintaining safe access for pedestrians and vehicles is essential to delivering a safe project. We will review traffic control plans against the contract documents, including the regional standards, and we will work with the contractor to ensure contingency plans are in place for each road segment and stakeholder affected. We will also ensure that the contractor complies with the working hours allocated in the contract and coordinate cutoff tonnages so no open cuts exist prior to leaving the site. Any deficiencies will be documented as field memorandums and/or issued as letters of non-conformance and will be reviewed at a subsequent construction meeting. Utility Coordination | We will work with local utilities, including the City’s forces, to ensure thorough communication is provided and expectations are being met. We will transmit the 3-week lookahead schedule to local utilities and contact them if adjustments for the asphalt roads or elements within the digout limits are planned. Labor Compliance | RE Services will engage with the prime contractor to oversee all aspects of labor compliance, including: • Collect all DAS140 Forms (prime and subs) within 10 days of the contract award. • Compile list of subcontractors involved in prevailing wage work. PSA24-3473CMI Exhibit "A" (Cont.) DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 21 of 24 City of Carlsbad RFP 24-3438CMI Construction Management and Inspection Service for 2023 Slurry Seal Project 9 • Manage anticipated prevailing wage determination information for each contractor. • Receive and organize all fringe benefit statements for covered work. • Manage and file all certified payroll records, including non-performance and final reports, along with the DIR upload confirmations stored in project files and archived with each project. As-Built Drawings | Where applicable, we will track redlines on our hard copy set of plans and use Bluebeam to create an electronic set. Change orders and RFIs will be incorporated into the plan set to reflect final conditions. We understand that the pavement maintenance contracts often include quantity tables and not plan sheets. We will provide as-built quantity tables, updating the road segment actual quantities and including type of treatment, date of treatment, and material used, to issue to City Maintenance at turnover. The final sets will be as-built stamped and signed by Vinay to certify. Public Outreach | Southwest Strategies, LLC (SWS) will be available on an as-needed basis to assist with public outreach to address the complexity, schedule, and constantly changing work zone locations. Familiarity with Local Procedures RE Services is extremely knowledgeable regarding industry-wide and local construction management procedures. Vinay, through his experience delivering contracts with clients throughout the County of San Diego, is well-versed in the Greenbook Specifications for Public Works, the State General Construction Permit, San Diego Regional Water Quality Control Board Regulations, the State of California Public Contract Code, and the California Coastal Commission regulations. He also has expertise in Contract Change Order processes, construction schedule analysis, interpreting and enforcing San Diego Regional Standard Drawings and San Diego County Design Standards, providing detailed daily reports and other reporting, and maintaining the Caltrans filing categories and system using cloud storage. RE Services has also worked successfully with other local agencies such as Caltrans District 11, SANDAG, the County of San Diego, and the City of Chula Vista, and is familiar with the Caltrans Construction Manual, Caltrans Standard Plans and Specifications, California MUTCD, and more. Vinay has a strong understanding of these manuals and standards and will successfully utilize them, as well as quickly adapt to new standards and systems, to manage the project. Our familiarity with state and local procedures and commitment to digital innovation allows us to be efficient, agile, and quick to provide City staff with information to allow for educated decisions. Safety A staple of the RE Services construction meetings, field meetings, and inspections is the proper use of Personal Protection Equipment (PPE). Not only does improper PPE ruin award-winning project photos, but this unsafe practice does little to promote confidence with other aspects of the project, such as quality. Cyclists are an important project stakeholder, and we will prioritize maintaining safe passage through our construction zones as well as after construction. We pay close attention to construction signing and pavement markings, especially for bike lanes, to confirm that cyclists are able to safely navigate City roads. RE Services conducting a Tailgate Safety Meeting FY 20-21 Asphalt Concrete Overlay - East, Crest, CA Stormwater and Environmental Compliance We will work with the City to understand environmental risks and constraints, including proper enforcement of the Construction General Permit (CGP) related to project improvements. Amy Comte, a Trainer of Record, QSD/P, CPESC, and CESSWI, can assist Vinay in ensuring the contractor administers best management practices (BMP) to maintain compliance with the Construction General Permit (CGP). Given the number of mobilizations, it is vital for the contractor to provide BMPs such as inlet protections, proper laydown controls including fiber roll perimeters, stockpile management, and street sweeping. PSA24-3473CMI Exhibit "A" (Cont.) DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 22 of 24 City of Carlsbad RFP 24-3438CMI Construction Management and Inspection Service for 2023 Slurry Seal Project 10 5.Special Inspection & Testing Services Materials Testing Services| We selected Leighton to perform materials testing and inspection based on their proven track record working with both RE Services and the City. Leighton’s on-call services to the City of Carlsbad include materials testing and inspection for asphalt, concrete, aggregate base, rebar, and high-strength bolting; geotechnical observation and testing during grading and trench backfill activities; as well as observation during the implementation of ground improvement mitigation measures. Leighton is familiar with the City of Carlsbad’s infrastructure goals. During the submittal review process, Vinay will develop and attach a work plan to our submittal response that identifies relevant contract specifications, including material testing methods, frequencies, and tolerances, to ensure that the work performed by the contractor meets the quality standards of the contract. He will provide these work plans to the project inspectors and to Leighton as a form of quality assurance. For big scope items like slurry seal and asphalt concrete, we hold a pre-paving meeting with the contractor, our testing subconsultant, and our CM team to discuss the operation, the testing schedule, and risk items. Vinay will work with Leighton’s management to collect testing results in a timely manner and communicate the results to the City and contractor. Vinay will also communicate with Leighton’s field technicians to identify testing issues as construction progresses. Example testing requirements we anticipate using in our plan to be presented prior to construction: Field Testing | Compaction testing by Nuclear method per ASTM D6938, or Sand Cone method per ASTM D1556, Concrete slump test per ASTM C143, Asphalt density per ASTM D6938 or CT375. Laboratory testing | Asphalt, Soil maximum density/ optimum moisture curves by ASTM D1557 method or CT 216 method, Sieve analysis wet per ASTM D422, Fines wash per ASTM D1140, Hamburg Wheel Track (AASHTO T324), Asphalt Moisture Content (CT 370), HMA Compaction (CT 304), AC HVEEM Max Density (CT 375), Marshall Max Density (ASTM D6926), Stabilometer (CT366); Type II Slurry EAS ASTM D3910, ASTM D6307 or CT 382, Type II Aggregate sieve CT 202, % wear ASTM C131, SE D2419, and Soundness C88. 6. Hours We provide the right services at the right time to maximize your return on investment. Our upfront services planning and collaborating with the selected contractor ensure a smooth project progression without surprises. Our proactive, cost-conscious approach is how we guarantee the highest standards of quality and best value for your investment. Our fee proposal includes a range of value-added services aimed at ensuring seamless project progression without disruptions to the public or contracted workforce. 7.Appendix Signed versions of the Consultant Statement of Compliance with City Insurance Requirements ; Certification of Proposer; and Addendums are provided in the attached Appendix. Materials Sampling and Testing Process YES YES NO NO Issue results to Contractor and place in file Submittal conforms to contract? Contractor provides material submittal RE schedules Leighton to perform sampling at Plant (periodically) and field testing Test results conform? Address comments and Resubmit Contractor schedules work Understand if it’s out of contract limits and evaluate condition of material incorporated into the Work. Set up meeting with City to address non-conformance and corrective actions START STOP PSA24-3473CMI Exhibit "A" (Cont.) DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5 July 16, 2024 Item #7 Page 23 of 24 I ____ -_____ _ OLIVENHAIN RD E L CO C H E S DE LOS AC E R V O BARCE LONA IO D R CALLE TIMITEO PALOM A RAIRPO RT RD L A COSTAAV P O I N S E T T I A L N M E L R O S E D R C A R L S B A D B L C A R LS B A D V IL LAGEDR R A N CHOSANTAFERD AVIARAPY C O L L E G E BL ALGA RD CANNONRD XA N A W Y MICA RD PAL A C PA S E O D E L N O R T E RE A L LA G O L O N D R I N A S T AVENIDACIRUELA LEVANTE ST GALI C I A W Y CALLE E L F U E R T E S T EL F U E R T E S T CAD E N C I A S T TAM A R A C K A V BATIQUITOS DR FARADAY AV H A R D I N G S T CALLE TH E C R O S S I N G S D R CAMINO SEGOVIA WY BRESSI R A N C H W Y EL C A M I N O COLIBRI LN C A M I N O R E A L P A S E O D E L N O R T E RANC H O S A N T A F E R D LOCATION MAP PROJECT NAME PROJECTNUMBER6001-23SS EXHIBIT32023 Slurry Seal Project Created By: Andy Chang 4/8/2024 J:\AC_Customers\Eric_Zielke\Pavement\CIP6001_Webapp\LocationMap_Slurry2023_Revised_04-08-24.mxd $!Å NOT TOSCALE Exhibit 3 Legend Resurfacing Limits Reconfigure Limits July 16, 2024 Item #7 Page 24 of 24 / J \ ~ J \