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HomeMy WebLinkAbout2021-12-07; City Council; Resolution 2021-264RESOLUTION NO. 2021-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH NASLAND ENGINEERING, A CALIFORNIA CORPORATION, TO PROVIDE ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT EXHIBIT 1 WHEREAS, the City Council has determined it necessary, desirable and in the public interest to design and construct the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, Capital Improvement Program, or CIP, Project No. 6004 (Project), which would include the city undertaking engineering design and environmental assessment; and WHEREAS, on Aug. 9, 2021, staff received seven proposals from consultants for preliminary engineering design and environmental assessment of the Project; and WHEREAS, subsequent to a review of the proposals based on best-value criteria consistent with Carlsbad Municipal Code Sections 3.28.0S0(D)(2) and 3.28.060, staff ranked another consultant as the most qualified consultant for the Project, yet negotiations with the first-ranked firm were terminated when a fair and reasonable price could not be negotiated; and WHEREAS, staff then began negotiations with the second-ranked firm, Nasland Engineering, a California corporation, and negotiated a final scope of work and fees for the Project; and WHEREAS, staff and Nasland Engineering have negotiated the scope of work and associated fee in an amount not to exceed $899,020 to provide professional engineering design and environmental assessment services for the Project over an initial term of three years with two additional one-year extensions if authorized by the City Manager; and · WHEREAS, the Project is financed with Traffic Impact Fees and an Active Transportation Program grant funded by the California Department of Transportation (Caltrans); and WHEREAS, sufficient funding is available to complete the preliminary engineering design and environmental assessment of the Project; and WHEREAS, the City Planner has determined that in accordance with Public Resources Code Section 21065, the action to award a professional services agreement for engineering design services does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment or a reasonably Dec. 7, 2021 Item #7 Page 5 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Attachment A PSA22-1725TRAN AGREEMENT FOR CIVIL ENGINEERING SERVICES FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL NASLAND ENGINEERING n THIS AGREEMENT is made and entered into as of the Ii:;_. day of I x~J_/1")\_ fu..JiJ , 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Nasland Engineering, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in civil engineering. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering. C. Contractor has submitted a proposal to City under Request for Proposals RFP22- 1540TRAN and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed eight hundred ninety-nine thous.and twenty dollars ($899,020). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Dec. 7,2021 Item #7 Page 7 of 33 Dec. 7, 2021 Item #7 Page 7 of 33 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys’ fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 8 of 33 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 9 of 33 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 10 of 33 For City For Contractor Name Brandon Miles Name Larry Thornburgh Title Associate Engineer Title Project Manager Department Public Works Address 4740 Ruffner Street City of Carlsbad San Diego, CA 92111 Address 1635 Faraday Av Phone No. 858-292-7770 Carlsbad, CA 92008 Email larryt@nasland.com Phone No. 442.339.2745 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 11 of 33 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 12 of 33 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 13 of 33 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 15 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 ~ Nasland SCOPE OF SERVICES T (858) 292-7770 4740 Ruffner Street San Diego, CA 92 111 nasland.com This project proposes balanced multi-modal user enhancements to Avenida Encinas from Palomar Airport Road to Carlsbad Boulevard . The project includes two segments: Segment 2 -Coaster Station southerly to Highway 101 Segment 3 -Palomar Airport Rod to the Coaster Station Segment 2 will proceed with CEQA Environmental compliance on ly with a goal of awarding a contract for construction by August 2022. Segment 3 will processing with CEQA and NEPA Environmental compliance. This project is state and federally funded for construction phase only with an Active Transportation Program grant. In addition, the project is required to meet the guidelines of the: 1. 2 CFR 200 - C ode of Federal Regulations, Part 200 -Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (https://www.ecfr.gov/cgi-bin/ECFR?page=browse), 2. Local Assistance Procedures Manual (http://www.dot.ca.gov/hg/LocalPrograms/lam/lapm.htm), 3. Local Assistance Program Guidelines (http://www.dot.ca.gov/hq/LocalPrograms/lam/lapg.htm), 4. Highway Design Manual (http://dot.ca.gov/design/manuals/hdm.html), 5. Active Transportation Program (https://dot.ca.gov/programs/local-assistance/fed -and- state-programs/active-transportation-program) 6. Standard Plans and Specifications as outlined by Caltrans (https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications). Project Assumptions • • • • • • Proposal is based on RFP including Exhibit B dated March 2021 . Existing Utilities will be depicted based on record drawings provided by the City. An allowance for potholing is included. All services performed by Nasland is provided pursuant to Civil Code Section 2782, et seq., which is expressly integrated into and made a part of any contract or agreement. Any retaining walls proposed would be per loca l standard drawings . It is assumed any dry utility design or relocation would be performed by the franchise utility, this proposal assumes coordination only. Any fencing design would be per loca l standard drawings, or provided by the City . Project Element 1 -Project Management Includes project management, project meetings, invoicing, etc. The Consultant shall: • Attend one (1) kick-off meeting • Attend team meetings to review design progress with City staff (10 assumed) • Prepare monthly status reports detailing progress and budget at the individual task level • Prepare meeting minutes and submit to the City within five (5) business days • Conduct other project management activities, including subconsultant management, general project correspondence, and quality control/assurance. • Public Outreach Services -The Consultant shall utilize public outreach for coordination Civil Eng ineering Sur veying Land Planning Dec. 7, 2021 Item #7 Page 16 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nasland and to inform the public of the project progress and status. Prepare outreach material included presentation material, meetings, coordination, and publi c meetings with residents and businesses as necessary. • Attend and prepare presentations for two (3) Traffic and Mobility Commission meetings to present the 30% and 90% plans for public review and comment. Assumes Segment 2 and 3 will have separate presentations for the 90% plans • Attend and prepare presentations for one (1) City Council meeting • ATP Grant Support -Assist the City of Carlsbad in review comments and preparation of submittals to Caltrans Local Assistance. Project Element 2 -Investigations 1. Surveying Services -The Consu ltant shall conduct a survey that meets requirements needed to prepare detailed construction plans for intersection improvements. All surveys shall be based on City of Carlsbad standards and delivered in an AutoCAD format using NAO '83 horizontal and NGVD '29 vertical datum, in cluding ASCII point files of all survey ties made. An existing base map of the site shall be provided to the city in .dwg and .pdf format upon completion of the survey services. Obtain base mapping for use in concept and design phase . Perform a project topographic survey in areas of road widenings and/or curb bulb-outs. Perform a right-of-way survey to establish the City/NCTD right-of-way between Pa lomar Airport Road and the Coaster Station for Segment 3. Right-of-way for Segment 2 will be depicted from available records. 2. Traffic Analysis -In cludes up to two meetings with City Staff to review approach and results of the traffic and mobility analysis. • Multi-Modal Level of Service --The Consultant shall provide multi-modal transportation ana lysis in cluding Multi-Modal Level of Service (MMLOS) for bicycle and pedestrian modes at up to five roadway segments on Avenida Encinas. This will be carried out in accordance with the MMLOS methodology set out in the City of Carlsbad Traffic Impact Analysis (TIA) Guidelines (2018). Mobility Element Po licy 3-P.4 provided direction for the MMLOS methodology in the TIA Guidelines and states that Level of Service (LOS ) D should be maintained for each mode of travel for which the MM LOS standard is applicable. Consultant will coordinate with City staff and obtain the latest version of the MMLOS Tool to aid the MMLOS methodology and to determine the MMLOS "grade" and corresponding LOS standard for two alternatives for the Existing and the Existing + Project scenarios. • Video Documentation: Consultant will collect video data on the project corridor for each mode (vehicle, bicycle , and pedestrian) of travel analyzed. Video data will be co llected during the peak hour and a typical non-peak hour (as determined by ADT counts). The video data will inform the MMLOS analysis and provide a record of existing mobility characteristics on the corridor. • Roadway capacity analysis shall be conducted where road diets are proposed including collection of Average Daily Traffic volumes (ADT) at up to five locations on Avenida Encinas. Roadways shall be evaluated using th e most current version of the Highway Capacity Manual, as outlined in the City's General Plan Mobility Element (2015). If applicable to Avenida Encinas, Consultant will use the most recent Roadway Se rvi ce Volume Tables Report which sets out the directional capacity for each roadway segment. • Intersection Traffic Operations Analysis will be conducted at major intersections including Palom ar Airport Road, Poinsettia Ln, and Carlsbad Blvd. Th is will 2 Civil Engineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 17 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nas land include level of service and delay. • Warrant Analysis for the Pedestrian Devices: The Consultant wi ll perform warrant analyses consistent with MUTCD guide lines and City standards for enhanced pedestrian and bicycle crossings at intersections and/or midblock locations. • VMT Memo: The assumption is the project will have a less than signifi cant VMT impact and a detailed VMT ana lysis is not requ ired . The memo will provide justification for the project to be screened out of fu ll VMT analysis and discuss applicability of the screening criteria. 3. Geotechnical Exploration and Reporting -The Consultant shall perform geotechnica l investigations to identify structural sections for improvements, such as pavements and tra ils. Additionally, infiltration rates shall be necessary to design storm water treatment facilities. Geotechnica l Report will be prepared for Segment 3 on ly. 4. Drainage Study/Stormwater Treatment-The Consultant shall prepare a drainage report assessing the hydrological conditi ons of the tributary area and provide hydraulic analyses of the proposed system to display the ability to meet the City's Engineering Standards. Storm water regulations must be addressed to comply with the City of Carlsbad BMP Design Manual including a storm water quality management plan (SWQMP, E-35) and a standard project requirement checklist (E -36) (if required). Drainage Study will be prepared for Segment 3 only. Segment 3 is assumed to require a Green Street SWQMP due to increase in impervious surfaces. 5. Utility Potholing -Allowance for potholing of utilities not verifiable by as-bui lt drawings and/or determined to be critical to the design of the project or requiring relocations. Potholing includes traffic control set up , potholing, hot patch asphalt repairs, and pothole report for one day of field pothole vacuum excavations, estimated at 5 potholes approximately 5 feet deep. Traffic Control Fees and engineered traffic control plans are not included . Project Element 3 -Engineering Services The following eng ineering tasks are expected to be provided by the Consultant: 1. Existing Conditions Review -The Consu ltant shall review and evaluate the existing condition s and plans and compile related supplemental data, such as technical and environmental studies/reports, inform ation/maps, the City's General Plan and geographic inform at ion system (GIS) inventory/database. The Consultant shall also establish an understanding of the City's existing and proposed cond itions. 2. Utility Coordination and Relocation -The Consultant shall coordin ate utility relocation with agencies (e.g . SDG&E, AT&T, Spectrum, Crowncastle, etc.) to identify conflicts and utility und ergrounding for proposed improvements. 3. Ra ilroad Coordination -Due to the proximity to the railroad, the Consultant shall coordination with North County Transit District on right-of-way and potential impacts to accommodate proposed improvements. 4. Intersection Operations Analysis --Review intersection traffic operations and general roadway conditions including posted speed limits, pedestrian and bicycle facilities, and traffic patterns including identifying Americans with Disabilities Act (ADA) compliance issues, non- conforming and/or non-MUTCD compli ant traffic signal and lighting infrastructure and equ ipment, conflicting infrastructure, and opportunities to utilize existin g infrastructure to accommodate the traffic signal modifications as a cost savings measure. Field notes and photos will be taken to document any discrepancies on the plans with field conditions. Th is information will be reconciled with the base map created from the topographic survey to provide a comprehensive and accurate utility base for the traffic signal modification plans. 3 Ci vil Eng ineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 18 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Na sland For Pedestrian Active Warning Device location s, perform warrant analyses consistent with MUTCD guidelines and City standards. 5. Right-of-Way Acquisition -Prepare plat and legal description for proposed right-of-way acquisition. Obtain the services of a real estate consu ltin g firm (Bender Rosenthal or approved equal) to assist in providing appraisa ls for requ ired additional right-of-way and assist in the right-of-way acquisition process. 6. Engineering Design Services -The Consultant shall perform design services to provide multi-modal user enhancements to Avenida Encinas from Palomar Airport Road to Carlsbad Boulevard based on preliminary concepts previously presented to the City's Traffic and Mobility Commission (Exhibit B). Construction documents and plan requirements are outlined in the City of Carlsbad standards, LAPM, LAPG, Highway Design Manual, and Caltra ns Standard Plans. The design shall address accessibility during all phases of construction. Construction plans sha ll be submitted to the city for review at 30%, 50%, 90%, and 100% design intervals. The City will provide a specification template to the Consu ltant. The City's specifi cations are currently based on the "Greenbook" and the City of Carlsbad standards. The Consultant shall ed it the technical specifications as needed to meet project needs. The format of the design submittals shall be as follows: a) Concept Plans depicting proposed improvements and assessment for environmental impacts, right-of-way, and cost impacts. b) 60% Subm itta l -sha ll be subm itted with scalable digital files. At th is stage, publi c outreach and coordin ation is expected to incorporate any desired changes. An outline of the specifications shall be provided for the 50% submittal; all necessary sections shall be identified. Desired changes to city's technical specifi cations shall be identified. c) 90% Subm ittal -shall be submitted with scalable digital files . Complete set of specifications covering all aspects of the Project shall be submitted with the 90% design drawings d) 100% Submittal -plans shall be submitted scalab le digital files. Complete set of specifications, including all City's comments, and sha ll be ready for bidding purposes. e) All specification s shall be submitted digitally using latest version of MS Word f) The Consultant shall prepare quantities and engineering cost estim ates for construction and bidding purposes g) The sca le shall be 1-inch equals 20 feet for full-size drawings h) All design submittal intervals shall be submitted in both scalab le PDF and AutoCAD format. Final submittal package shall be digitally submitted. Separate plans sets for Segments 2 and 3 will be prepared and plans are assumed to include: • Title Sheet, notes, and details • Roadway Improvement Plan and Profile • Drain age Improvement • Striping and Signage Plans • Traffic Signal Modification Plans (Pa lomar Airport Road, Poinsettia Lane, Lakeshore Gardens, Ca rl sbad Blvd) • Pedestrian Active Warning Devices • Erosion Control Plans (Segment 3 only) • Green Street BMPs, Landscape and Irrigation Plans (Segment 3 only) Project Element 4 -Permitting and Environmental Processing Services Perform Environmental Investigations, Technical Reports, Environmental Document, and Permit 4 Civil Engineering Sur veying Land Planning Dec. 7, 2021 Item #7 Page 19 of 33 DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Nasland Applications in Support of the Project. Environmental Investigations would include: • Biological Study • Cultural Resources Study Technical Reports: Prepare the following technical reports to support both CEQA and/or NEPA environmental compliance documents. Technical reports prepared for NEPA will follow the Caltrans/Federal Highway Administration format, and those required for CEQA will follow City format. • Community Impact Memo (NEPA) • Phase 1 Environmental Site Assessment (NEPA) • Biological Resources Technical Report and Carlsbad Habitat Management Plan Consistency Report (CEQA) • Cultural Resources Technical Report (CEQA) • Air Quality and Greenhouse Gas Emissions Technical Letter Report (CEQA; construction only) • Noise Technical Letter Report (CEQA; construction only) Assist the City in the preparation of environmental reports, permitting and processing including: • Prepare Preliminary Environmental Study (PES) Form for Segment 2 and attend field review meeting • Provide NEPA support services to City and Caltrans to process a NEPA Categorical Exclusion for Segment 2 • Prepare CEQA Initial Study/Mitigated Negative Declaration for Segments 2 and 3 (Draft and Final) Prepare regulatory permit application packages for the following (if applicable): o Clean Water Act Section 404 (U.S. Army Corps of Engineers) o Clean Water Act Section 401 Request for Water Quality Certification (Regional Water Quality Control Board) o California Fish and Game Code Section 1602 Notification of Lake or Streambed Alteration (California Department of Fish and Wildlife) o Coastal Development Permit (California Coastal Commission) o Federal Coastal Consistency Determination (California Coastal Commission) Project Element 5 -Bid and Construction Support Services The Consultant shall provide design support services through the bid and construction phasesof the project. Services will include responding to Requests for Information (RFls), material submittal review, design alterations during construction (as necessary). Upon completion of the project, prepare As-Built drawings from the contractor provided red -line drawings. 5 Ci vil Engineering Surveying Land Planning Dec. 7, 2021 Item #7 Page 20 of 33 KTUA Kleinfelder Helix Fee Estimate Project Manager Project Engineer Design Engineer Survey Crew Admin Subtotal Sr Principal Manager Sr Project Engineer Project Engineer Associate Engineer Subtotal Landsacpe and Outreach Geotechnical Environmental Utility Potholing Aerial Survey Right-of-Way Acquisition 190.00$ 170.00$ 155.00$ 315.00$ 80.00$ 220.00$ 160.00$ 150.00$ 130.00$ 1 Project Management 1.1 Project Kick-off Meeting 4 4 1,440$ 2 2 760$ 2,200$ 1.2 Project Meetings and Scheduling 26 20 40 11,540$ 12 12 4,560$ 3,250$ 19,350$ 1.3 Project Management 48 48 17,280$ 12 8 3,920$ 21,200$ 1.4 Status Reports 12 40 5,480$ -$ 5,480$ 1.5 Public Outreach 16 8 8 5,640$ -$ 12,610$ 18,250$ 1.6 Traffic Mobility Commission Meetings 8 1,520$ 4 4 8 16 4,800$ 6,320$ 1.7 City Council Meetings 4 4 1,440$ 4 4 4 8 3,160$ 1,800$ 6,400$ 1.8 ATP Grant Support 8 24 5,240$ 2 24 4,280$ 9,520$ SUBTOTAL $49,580 $21,480 $17,660 $ 88,720 2 Investigations 2.1 Surveying Services 24 40 40 23,360$ -$ 12,000 35,360$ 2.a Multi-Modal Level of Service -$ 2 4 16 48 9,720$ 9,720$ 2.b Video Documentation -$ 1 4 32 5,020$ 5,020$ 2.c Roadway Capacity Analysis -$ 1 2 4 12 2,700$ 2,700$ 2.d Intersection Traffic Operations -$ 2 6 24 32 9,160$ 9,160$ 2.e Warrant Analysis for Pedestrian Devices -$ 2 4 8 24 5,400$ 5,400$ 2.f VMT Memo -$ 2 4 24 4,680$ 4,680$ 2.4 Geotechnical Report -$ -$ 49,720$ 49,720$ 2.5 Drainage Study 4 40 40 13,760$ -$ 13,760$ 2.6 SWQMP/Green Street Exempt Reports 4 24 24 8,560$ -$ 8,560$ 2.7 Utility Potholing (1 day/ 5 pothles)4 4 1,380$ -$ 6,420$ 7,800$ SUBTOTAL $47,060 $36,680 $0 $49,720 $0 $6,420 $12,000 $0 $ 151,880 3 Engineering Services 3.1 Existing Conditions Review 4 4 1,380$ -$ 1,380$ 3.2 Utility Coordination and Relocation 12 8 24 7,360$ -$ 7,360$ 3.3 NCTD Coordination 12 16 40 8 8 11,840$ -$ 11,840$ 3.4 Right-of-Way Acquisition 8 32 6,480$ -$ 40,000$ 46,480$ 3.5 Segment 2 Plan Package -$ -$ -$ Concept Plans 8 8 16 5,360$ -$ 5,360$ Title Sheets, notes, details 4 4 8 -$ Civil Design Plans (Roadway Improvements)20 60 80 26,400$ -$ 26,400$ Traffic Signal Modification Plans (3)4 4 1,380$ 6 24 90 135 36,210$ 37,590$ Enhanced Pedestrian Crossings 4 4 1,380$ 2 4 16 32 7,640$ 9,020$ Signage and Striping Plans 4 8 2,000$ 5 21 53 145 31,260$ 33,260$ Erosion Control Plans 2 8 1,620$ 1,620$ Submittals 2 16 2,860$ -$ 2,860$ Specifications 8 8 2,880$ 4 8 16 24 7,680$ 10,560$ Engineer's Cost Estimate 4 4 12 3,300$ 2 8 8 2,920$ 6,220$ 3.6 Segment 3 Plan Package -$ -$ -$ Concept Plans 16 24 60 16,420$ -$ 16,420$ Title Sheets, notes, details 4 4 16 3,920$ 3,920$ Civil Design Plans (Roadway Improvements)40 180 240 75,400$ -$ 75,400$ Civil Design Plans (Drainage)24 60 80 27,160$ -$ 27,160$ Traffic Signal Modification Plans (1)2 2 690$ 2 8 30 45 12,070$ 12,760$ Enhanced Pedestrian Crossings 2 4 1,000$ 2 4 16 32 7,640$ 8,640$ Signage and Striping Plans 2 4 1,000$ 3 11 27 75 16,220$ 17,220$ Erosion Control Plans 4 4 16 3,920$ 3,920$ BMP/Landscape and Irrigation Plans 2 2 8 1,960$ -$ 24,480$ 26,440$ Submittals 16 2,480$ -$ 2,480$ Specifications 8 8 2,880$ 4 8 16 24 7,680$ 1,200$ 11,760$ Engineer's Cost Estimate 8 4 16 4,680$ 2 8 8 2,920$ 1,670$ 9,270$ SUBTOTAL $215,750 $132,240 $27,350 $0 $0 $0 $0 $40,000 $ 415,340 City of Carlsbad Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Fee Estimate Nasland Engineering STC Traffic Inc DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 21 of 33 KTUA Kleinfelder Helix Fee Estimate Project Manager Project Engineer Design Engineer Survey Crew Admin Subtotal Sr Principal Manager Sr Project Engineer Project Engineer Associate Engineer Subtotal Landsacpe and Outreach Geotechnical Environmental Utility Potholing Aerial Survey Right-of-Way Acquisition 190.00$ 170.00$ 155.00$ 315.00$ 80.00$ 220.00$ 160.00$ 150.00$ 130.00$ City of Carlsbad Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Fee Estimate Nasland Engineering STC Traffic Inc 4 Permitting and Environmental Processing Services 4.1 Environmental Project Management 40 40 40 17,000$ 16,195$ 33,195$ 4.2 Biology Study 2,520$ 2,520$ 4.3 Cultural Resources Study 2,200$ 2,200$ 4.4 Environmental Constraints Memorandum 5,225$ 5,225$ 4.5 Technical Reports -$ BTR/HMP Consistency 17,890$ 17,890$ Cultural Resources 8,240$ 8,240$ Community Impact Memo 3,750$ 3,750$ Air Quality/GHG 5,940$ 5,940$ Phase 1 20,155$ 20,155$ Noise 6,775$ 6,775$ 4.6 PES and Field Meeting 8 8 2,880$ 6,705$ 9,585$ 4.7 Coastal Permit Assistance 8 8 16 5,360$ 2,520$ 7,880$ 4.8 NEPA CE 1,640$ 1,640$ 4.9 IS/MND 26,590$ 26,590$ 4.10 Permit Applications (Allowance)48,000$ 48,000$ SUBTOTAL $25,240 $0 $20,155 $154,190 $0 $0 $0 $ 199,585 5 Bid and Construcion Support Services 5.1 Bid Services 4 4 1,440$ 2 4 1,080$ 1,620$ 4,140$ 5.2 Construction Support 8 40 8,320$ 4 8 16 4,560$ 4,200$ 17,080$ 5.3 As-Builts 2 2 40 6,920$ 2 2 24 3,880$ 10,800$ SUBTOTAL $16,680 $9,520 $5,820 $ 32,020 Reimbursables 3,000$ 4,250$ 500$ 1,325$ 2,400$ 11,475$ TOTAL 357,310$ 204,170$ 51,330$ 71,200$ 156,590$ 6,420$ 12,000$ 40,000$ 899,020$ DocuSign Envelope ID: C2EF1779-D9B7-45DF-878C-AC5F34243013 Dec. 7, 2021 Item #7 Page 22 of 33