HomeMy WebLinkAbout2020-12-15; City Council; Resolution 2020-238RESOLUTION NO. 2020-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH O'DAY CONSULTANTS, INC. (O'DAY) FOR DESIGN OF THE
DRAINAGE MASTER PLAN PROJECT BCB - MAGNOLIA AVENUE STORM
DRAIN IMPROVEMENTS PROJECT AS PART OF THE CITYWIDE DRAINAGE
IMPROVEMENT PROGRAM, CAPITAL IMPROVEMENT PROGRAM (CIP)
PROJECT NO. 6608, IN AN AMOUNT NOT TO EXCEED $209,373
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to design and construct the Drainage Master Plan Project BCB —
Magnolia Avenue Storm Drain Improvements Project as part of the Citywide Drainage Improvement
Program, CIP Project No. 6608 (Project); and
WHEREAS, under Carlsbad Municipal Code Section 3.28.060, the city solicited qualifications
from consultants for engineering design of the Project and received 11 qualifications from qualified
consulting firms; and
WHEREAS, subsequent to a review of the qualifications, staff selected O'Day as the most
qualified consultant for the Project; and
WHEREAS, staff and O'Day negotiated the scope of work and associated fee in an amount not
to exceed $209,373 to provide professional engineering services; and
WHEREAS, sufficient Infrastructure Replacement Funds and Gas Tax Funds are available to
complete the engineering design of the Project; and
WHEREAS, the Project was previously evaluated in the Final Environmental Impact Report (FEIR
04-02), dated December 2007, for the City of Carlsbad Drainage Master Plan Update and no further
California Environmental Quality Act (CEQA) compliance is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute the professional services
agreement with O'Day Consultants, Inc. in an amount not to exceed $209,373 for design
of the Drainage Master Plan Project BCB - Magnolia Avenue Storm Drain Improvements
Project as part of the Citywide Drainage Improvement Program, CIP Project No. 6608,
which is attached hereto as Attachment A.
Dec. 15, 2020 Item #6 Page 4 of 25
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of December, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
\eIVv7cv(rot
BARBARA ENGLESON, City Clerk
(SEAL)
Dec. 15, 2020 Item #6 Page 5 of 25
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AGREEMENT FOR MAGNOLIA AVENUE STORM DRAIN DESIGN SERVICES
O'DAY CONSULTANTS, INC.
THIS AGREEMENT is made and entered into as of the 15th day of
December , 2020, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and O'DAY CONSULTANTS, INC. a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in civil
engineering.
B. Contractor has the necessary experience in providing professional services and
advice necessary for the design of the proposed drainage improvements on Magnolia Avenue
between Brady Circle and Monroe Street.
C. Contractor has submitted a proposal to City under a Request for Qualifications
(RFQ21-1136TRAN) and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
6. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
two hundred nine thousand three hundred seventy-three dollars ($209,373). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not
exceed forty-five dollars ($45,000) per Agreement year. The City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney's
fees arising out of the performance of the work described herein caused by any negligence,
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recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
11.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
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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.
III
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For City
Name Daniel Zimny
Title Associate Engineer
Department Public Works
For Contractor
Name George O'Day
Title Project Manager
Address 2710 Loker Avenue West Ste. 100
Carlsbad, CA 92010
City of Carlsbad
Address 1635 Faraday Ave Phone No. 760-931-7700
Carlsbad, CA 92008 Email georgeo@odayconsultants.com
Phone No. 760-331-7399
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
17. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
Yes El No El
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
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upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
24. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
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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.
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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 CITY OF CARLSBAD, a municipal
O'DAY CONSULTANTS, INC., a corporation of the State of California
California corporation
By:
?obi& N. 02Vouti
(sign here)
Patrick N. O'Day, President & CFO
By:
Matt Hall, Mayor
(print name/title)
ATTEST:
By:
(sign here)
(print name/title)
Z7- 7V for
Barbara Engleson, City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
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EcuSign Envelope ID: 878952z 1-67FF-46D3-8167-89506BE9AFD5
eAt
Promo No. 20-0170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 1 of 8
Scope of Services and Fee Proposal
City of Carlsbad
Proposed Storm Drain BCB for Magnolia Avenue
Project Description:
The City of Carlsbad has issued a Request for Qualifications (RFQ) for civil engineering
required for Magnolia Avenue Storm Drain. O'Day Consultants was awarded the project. The
preliminary design study recommends 925 linear feet of 30" maximum RCP pipe, four curb
inlets, 3 cleanouts and a junction structure. The City of Carlsbad Drainage Master Plan (DMP)
designates this storm drain as Line `BCB'. The DMP indicates that the proposed storm drain
services an approximate 20-acre drainage area. Per the DMP the storm drain line is proposed to
begin at the curb outlet at a church parking lot on the north side of Magnolia Avenue between
Valley Street and Monroe Street and terminate at the existing storm drain line at Brady Circle.
Based on an award meeting with the City of Carlsbad on 9/21/2020, a preliminary drainage
analysis will be performed by O'Day Consultants to confirm the appropriate pipe size to meet
the City design standards, as well as the upstream terminus of the storm drain system, which may
extend up to Monroe Street.
The tasks listed below are needed to complete this work. A detailed Scope of Services follows
after the summary.
Summary of Tasks and Fees:
Task Description Fee
1. Project Management $9,940.00
2. Existing Condition Analysis and Base Map Preparation $37,745.44
3. Prepare 70% Design Package $75,897.24
4. Prepare 90% Design Package $56,862.00
5. Prepare 100% Design Package $6,846.00
6. Prepare Final Design Package $3,644.00
7. Bid and Construction Support & As-Built/Record Drawings $18,438.24
Total $209,372.92
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Promo No. 204170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 2 of 8
Detailed Scope of Work
Task 1: Time and Materials not to exceed a fee of $9,940.00 without prior written
authorization for Project Management —20 hours of a Project Manager and 20
hours of a Project Engineer.
1. Attend Award Meeting on 9/21/2020 and coordinate pertinent project specific
information with the City of Carlsbad.
2. Team Meetings — Conduct team meetings regularly to review project progress
with the City of Carlsbad. 4 hours of meetings with Power Plus, 4 hours of
meetings with GeoSoils, and 4 hours of meetings with Urban Systems.
3. Meeting Minutes — Prepare meeting minutes for all team meetings, and submit
to the City of Carlsbad within (5) business days for review and concurrence.
Revise meeting minutes as necessary.
4. Project Tracking — Provide monthly progress reports and updates to the
project schedule. Review billings for invoicing. Assumes 12 months of project
tracking. Assumes tracking during construction will be contained within bid
and construction.
Task 2: Time and Materials not to exceed a fee of $37,745.44 without prior written
authorization for Existing Condition Analysis and Base Map Preparation
1. Review all documentation provided by the City of Carlsbad at the Award
Meeting.
2. Research records maps and any additional as-builts relevant to the
improvement plans. The research will include plans from the City of
Carlsbad, SDGE, telephone, and CATV. Coordination with both public and
private utility companies shall be completed to identify ownership and
locations of utilities.
3. Aerial topography and survey shall consist of:
a. Establish NAD83 horizontal control and NGVD29 vertical control per
City of Carlsbad ROS 17271.
b. Set aerial control panels
c. Prepare 1-foot 40-scale topographic aerial map within the limits of the
tributary watershed along with a high-resolution aerial photograph.
d. Supplemental field topographic survey:
i. Field survey and dip of existing storm drain curb inlets and
access holes for tie in as well as curb outlet near church
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Promo No. 20-0170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 3 of 8
parking lot at the north side of Magnolia Street between Valley
Street and Monroe.
ii. Dip all sewer access holes along the length of the
improvements.
iii. Field survey to identify existing utilities within the limits of
construction.
iv. Supplemental field survey: at the existing cross-gutter at Valley
Street, the existing curb ramps on the south side of Magnolia at
Valley Street, the existing cross-gutter along Monroe Street at
Karren Lane and at Magnolia Avenue and Brady Circle
intersection.
e. Field survey of existing survey monuments.
i. For Monument Preservation. Prepare 1— pre-construction
comer records and submit to the County of San Diego.
ii. To determine the Magnolia Avenue street centerline.
f. Annotate Rights-of-Way for Magnolia Avenue between Brady Circle
and Monroe Street, for Monroe Street along length of improvements,
for portions of Valley Street at the intersection with Magnolia and
portions of Brady Circle at the intersection with Magnolia Avenue.
g. Field survey of USA Digalert utility mark-out, coordination with
Underground Solutions.
h. All field survey is based on prevailing wage rates.
4. Annotate Base Map with property line information, ownership information,
assessor parcel numbers and call out existing utilities.
Task 3: Time and Materials not to exceed a fee of $75,897.24 without prior written
authorization for 70% Design Package (Includes Conceptual Design Submittal
Item 2a. below)
1. Prepare Hydrologic and Hydraulic Study for proposed storm drain.
a. The Hydrologic Analysis shall include the tributary area to storm drain
BCB.
b. Additionally, an assessment shall be made of stormwater from Karren
Lane to determine if 100-year storm events are tributary to this BCB
storm drain.
c. Analyze existing conditions based on the City of Carlsbad's
Engineering Standards to determine proposed storm drain facilities.
i. When flooding or street overflow during a 100-year six-hour
storm cannot be maintained between tops of curbs.
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Promo No. 2070-170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 4 of 8
ii. When more than one travel lane of arterial and collector streets
would be obstructed by a 10-year 6-hour storm water flow.
iii. When velocity of water in streets exceeds 11 FPS.
iv. When the water travels on surface improvements for more than
1000 feet.
d. Variances between the proposed design and the design from the
Drainage Master Plan shall be clearly identified.
e. Utilize drainage tributary areas from the DMP to assess tailwater and
HGL for the entire storm drain systems downstream of the BCB storm
drain from Magnolia to the outlet at Agua Hedionda. Downstream and
upstream impacts to the existing system shall be assessed in this
report. Assume that City of Carlsbad will provide tributary area maps
for downstream storm drain system to aid in determination of HGL.
2. Prepare 70% Storm Drain Improvement Plans.
a. Submit a conceptual alignment of storm drain for City of Carlsbad
approval prior to potholing.
b. Prepare a potholing exhibit and coordinate potholing efforts. Final
Potholing Report to be submitted with 90% Design.
c. Underground Solutions to Pothole:
i. Prepare traffic control plans for pothole and geotechnical
borings.
ii. Set traffic control per approved plans or MUTCD standards, if
required.
iii. Vacuum excavate each of the 20 assumed pothole sites taking
measurements and photos (Assumes 4-6 feet deep, if existing
utilities encountered exceed 6 feet depth additional scope and
fee shall apply.)
iv. Back-fill, compact per City of Carlsbad GS-29 and patch with
Hot Patch
v. If larger than 8" diameter holes then backfill, compact and
grind and overlay per City of Carlsbad GS-24.
vi. Set a PK nail over the top of each utility or utility package.
vii. Prepare a "Subsurface Utility Report" widata and findings.
viii. Field survey all pothole locations.
ix. Office and field coordination and management.
x. Coordinate with the City of Carlsbad to obtain a no fee right of
way permit.
Assumptions for Potholing:
• There are 20 potholes. If additional potholes are required, an
additional scope and fee will be required.
Dec. 15, 2020 Item #6 Page 18 of 25
rOcuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5
—_.11111111111111111111._
o/ef-e?
Promo No. 20-0170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 5 of 8
• Potholes are to be excavated using non-disruptive air/vacuum
method.
• Potholing/Boring traffic control is self-performed, based on
normal day-time working hours, if required.
• Potholing/Boring traffic control plans will be provided (Non-
Engineer Stamped), if required.
• Potholing/Boring traffic control set-ups will be done according
to City of Carlsbad approved traffic control plans and permit
requirements, if required
• Each pothole may or may not result in locating a utility.
• This project is subject to prevailing wage for these services.
• Potholes can be excavated on an average of 6 per day.
• One (1) potholing crew and one (1) field survey crew will be
provided to complete this work, as well as office staff,
engineers and technicians.
• The field work is estimated to take place during Spring Break
for Carlsbad Unified School District between April 5th through
April 9th. If work will take place on weekends or outside of
school time frame, additional fees will apply.
• Assumes 10 potholes will require grind and overlay (greater
than 8" diameter).
• It is assumed that Geotechnical borings shall take place also
within the window of Spring Break for CUSD, although
submitted in 90% Design Package.
d. Review survey data at pothole locations, adjust 70% improvement
plans as necessary.
e. Prepare details for ADA improvements as necessary. Assumes four
ramp designs: 2— at the south side of Magnolia and Valley and 2— on
either side of a mid-block crossing on Magnolia between Brady and
Valley Street.
3. Prepare Cost Estimate.
4. Prepare Storm Water Standards Questionnaire. Assumes that SWQMP will
not be required and that this linear utility project is exempt from PDP
requirements.
- Task 4: Time and Materials not to exceed a fee of $56,862.00 without prior written
authorization for 90% Design Packake
1. Review City of Carlsbad Plancheck comments, respond and adjust
improvement plans and drainage study accordingly.
II
Dec. 15, 2020 Item #6 Page 19 of 25
ro'cuSign Envelope ID: 87895221-67FF-46D3-8167-89506 B E9AF D5
Promo No. 20:0170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 6 of 8
2. Prepare engineered traffic control plans for storm drain improvements.
3. Prepare striping and signing plans.
4. Incorporate comments from Geotechnical Engineer, submit preliminary
geotechnical report.
5. Review final sub-surface pothole report and submit to the City of Carlsbad.
6. Prepare 90% design package to include:
a. Drainage Report
b. Improvement Plans
c. Cost Estimate
d. Sub-surface Utility Potholing Report
e. Geotechnical Investigation Report (Initial Draft)
i. 5-6 (6 inch-diameter) boring holes approximately 19 feet deep
ii. Right-of-Way and Permit Acquisition
iii. Utility Mark-Out, Field Meetings, Field Exploration, and
Traffic Control
iv. Prevailing Wage for Contractors (including drillers/coring and
other laborers)
v. Laboratory Testing
1. Moisture and Density Test
2. Particle Sieve Analysis
3. Direct Shear Test
4. General Corrosivity Test
vi. Analysis and Report Preparation
f. Bid Item Descriptions
7. If existing utilities require to be relocated, it is assumed that the utilities will
be identified after City of Carlsbad review of the 70% Design Improvements.
Additional scope and fee for design will apply based on the magnitude of
relocation.
Task 5: Time and Materials not to exceed a fee of $6,846.00 without prior written
authorization for 100% Design Package
1. Review City of Carlsbad Plancheck comments. Respond and adjust
improvement plans and drainage study accordingly.
2. Prepare 100% design package for improvement plans to include:
a. Drainage Report
b. Improvement Plans
c. Cost Estimate
d. Sub-surface Utility Potholing Report
e. Geotechnical Investigation Report
Dec. 15, 2020 Item #6 Page 20 of 25
LocuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5
--.-. -,111111111111111111111110-
o/teei
Promo Nó.200170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 7 of 8
f. Bid Item Descriptions
g. Review of City's proposed contract and specifications, where
proposed changes are clearly marked with tracked changes.
Task 6: Time and Materials not to exceed a fee of $3,644.00 without prior written
authorization for Final Design Packa2e
1. Review City of Carlsbad Plancheck comments. Respond and adjust
improvement plans and drainage study accordingly.
2. Prepare Final design package for improvement plans to include:
a. Drainage Report and all supporting calculations
b. Improvement Plans: pdf, .dwg geo-reference in NAD83 and one set of
mylars
c. Cost Estimate
d. Subsurface Utility Potholing Report
e. Geotechnical Investigation Report
Task 7: Time and Materials not to exceed a fee of $18,438.24 without prior written
authorization for Bid and Construction Support
1. Twenty Four (24) hours of a Project Manager's time for Bid Support and
Construction Administration and Assistance as follows:
a. Attend team meetings during construction.
b. Assist the City of Carlsbad with the oversight of construction.
c. Respond to Requests for Information (RFI).
d. Review Material Submittals.
e. Prepare changes to the construction documents, if needed.
2. Eight (8) hours of a Project Manager's, Project Engineer and Design
Engineer's time, each, to prepare As-Builts:
a. Site visit to verify existing improvements.
b. Review contractor redlines and transpose changes onto the signed
mylar.
c. Submit the revised mylars and a pdf of the of the As-Builts to the City.
3. Prepare 1— Post Construction Corner Record:
a. Prepare Corner Record per County of San Diego Standards.
b. Submit and coordinate with the County of San Diego.
c. Field survey, monumentation of replaced monuments.
d. Assumed that existing monuments shall be picked up with Task 2.
Dec. 15, 2020 Item #6 Page 21 of 25
ILOCugign Envelope ID: 87895221-67FF-46D3-8167-89506DE9AFD5 Amm. _amm_
e)/
Promo No. 2070170
Magnolia BCB Storm Drain
October 5, 2020
Revised 10/8/2020
Page 8 of 8
Other: Reproduction costs, reimbursable expenses, and data transfers will be billed out on a
Time and Material basis.
Note: Prevailing wage rates are utilized where applicable.
DOES NOT INCLUDE:
• Agency fees
• Boundary Resolution
• Construction inspection
• Construction staking
• Environmental documentation
• Legal Descriptions, Plats and Easements on Private Property
• Record of Survey
• SWPPP
• Title Documents
Dec. 15, 2020 Item #6 Page 22 of 25
EcuSIgn Envelope 1-6187895221-67FF-46D3-8167-89506BE9AFD5
City of Carlsbad- Magnolia BCB Storm Drain
October 5, 2020
Number of Hours Billing Rate Total
Task 1- Project Management- Meetings
Project Manager
Project Engineer
Power Plus Meetings- 4 Hours
GeoSoils- 4 Hours
Urban Systems- 4 hours
Task 2- Existing Conditions and Base Map
Project Manager
Project Engineer
Design Engineer
2- Man Survey Crew
Power Plus- Ex Dry Utilities
Aerotech- Aerial
Task 3-70% Design Package
Project Manager
Project Engineer
Design Engineer
2- Man Field Crew
Underground Solutions- Pothole
20 X $221.00 $4,420.00
20 X $185.00 $3,700.00
4 X $185.00 $740.00
4 X $135.00 $540.00
4 X $135.00 $540.00
Total Task 1 $9,940.00
16 X $221.00 $3,536.00
56 X $185.00 $10,360.00
16 X $160.00 $2,560.00
48 X $324.78 $15,589.44
1 X $1,500.00 $1,500.00
1 X $4,200.00 $4,200.00
Total Task 2 $37,745.44
24 X $221.00 $5,304.00
152 X $185.00 $28,120.00
80 X $160.00 $12,800.00
8 X $324.78 $2,598.24
1 X $27,075.00 $27,075.00
Total Task 3 $75,897.24
12 X $221.00 $2,652.00
32 X $185.00 $5,920.00
24 X $160.00 $3,840.00
1 X $15,450.00 $15,450.00
1 X $29,000.00 $29,000.00
Total Task 4 $56,862.00
6 X $221.00 $1,326.00
16 X $185.00 $2,960.00
16 X $160.00 $2,560.00
Total Task 5 $6,846.00
Task 4- 90% Design Package
Project Manager
Project Engineer
Design Engineer
GeoSoils- Geotechnical Report
Urban Systems- Traffic Control-Striping
Task 5- 100% Design Package
Project Manager
Project Engineer
Design Engineer
Dec. 15, 2020 Item #6 Page 23 of 25
11Fo'cuSign Envelope ID: 87895221-67FF-46D3-8167-89506BE9AFD5
AIM&
Number of Hours
City of Carlsbad- Magnolia BCB Storm Drain
October 5, 2020
Billing Rate Total
Task 6- Final Design Package
Project Manager -4 X $221.00 $884.00
Project Engineer 8 X $185.00 $1,480.00
Design Engineer 8 X $160.00 $1,280.00
Total Task 6 $3,644.00
Task 7- Bid, Construction Support & As-Builts
Project Manager 40 X $221.00 $8,840.00
Project Engineer 24 X $185.00 $4,440.00
Design Engineer 16 X $160.00 $2,560.00
2-Man Survey Crew 8 X $324.78 $2,598.24
Total Task 7 $18,438.24
Grand Total $209,372.92
Dec. 15, 2020 Item #6 Page 24 of 25
DocuSign Envelope ID: S7895221-67FF-4603-8167-89506BE9AFDS
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City 01 Carlsbad OW BCD Magnolia Avenue 510 days 0000 4/34/20 Noun Orain
Award Meeting and 51Ie Walk 0 days /144 0/21//I
CliDay to Submit 5,4,4 &Schedule 1060 irue 0/22/20
.1, Council Nearing 03000 liue 12/0/20
lye Notice to Proceed il day Wed 12/9/20
T:14100903009911010 244140 Wed 12/9/10
obillia lion of FelOSurvey Try., 1.2/10/70
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5933le0le019i field 5 invey 4. Monurnen1 /20:20 413312/21/24i Search
Research PsiBuills gi Piot Eidsting Utilities. I rnon Wed 12/5/20 caord with Pa.,.
Research Maps and plot li/W 10days Mon 0/21
'5=1: ri'11'' """r" 1 wk Mon 1/18/21
521301 Base Map to Ole My or Cartillad 20:01 Xla n 1/23/21
aly to lievIew Ease Map and Provide. 2,411 toe 1/26/11 Comments, Meet will City
...Prepare linmvornant Plans 19,046 135 days Tue 1/26/21 5..1.1
=7:oCli'1'4°17ZienTI.4.7e'r'llroll .'" r" 'PI'
preliminary Hydrologic and Hydaulic Study 244/is roc WV. to Determine Units of Alignment
Submit Concept Plan to Cityolcarisind 20323 0000 0/9/12000219/41 iidai Pothole Locations
iPty to revlew Concept Plan and pathales 2 T030/O/21
CU5053403 Break Pothole 01e01ech 40014 Mon 4/5/11
Borings.
1120312 70% Design 02/2 11 in UM e 4041 Mon 4/12/21 Poihdes, Meet MOS.-Consultants
Submit MN Design Package 00172 Mon 0/20/21
OW Review 17004001e01 plans 301200 Tue 4/21/2I
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Address Oly of Carlsbad Manche& 40,1,702 6/13/21 Comments& ge-Sulirnit 9096 Package.
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ask 5 Prepare Final Sirn 101200 104 0/10/11
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Ted( 6 C15-upport and0,10,.., Services 241 days NI 10/1/2 1 IlleougM1 Pro)ed Completion
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14 0: ro.t .1, ci, s.. Fri 10/15/21
. contractor to review/agree with Contracts 2 iuks rr14/1/22
Award and Notice lo Proceed on f 1,1 4/15/22 -1,3/12/22
[UM Last Oay of School lor Roden, Oda, 9
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aia, First Day of School a tl, Tuel3/23/22
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Dec. 15, 2020 Item #6 Page 25 of 25