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Item 1.7 - Approval of Consultant Agmt with NV5; Design Services for Espola Rd Bike Lane Imp . f APPROVED ■ G`�' awqy City of Poway APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED '971"NTHEC°�. COUNCIL AGENDA REPORT REMOVED o CONTINUED RESOLUTION NO. DATE: February 19, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers anpoway.orq SUBJECT: Approval of Consultant Agreement between the City of Poway and NV5 for Design Services for the Espola Road Bike Lane Improvement Project (CIP STR0009) Sum ma ry: This Consultant Agreement will provide design services for the Espola Road Bike Lane Improvement Project. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with NV5 for Design Services for the Espola Road Bike Lane Improvement Project per the outlined terms of the Consultant Agreement (Attachment A). Discussion: On December 4, 2018, the Development Services Department put out a Request for Proposal (RFP #19-010) for design services for the Espola Road Bike Lane Improvement Project and received two proposals. This project includes widening Espola Road between Poway Road and Range Park Road to accommodate bike lanes. After careful review of the proposals, staff . determined that NV5 was highly qualified and the best firm to perform the design work required. Approval of this Agreement will provide professional design services for the Espola Road Bike Lane Improvement Project. The scope of the services will be conducted in two stages. The first stage includes performing a preliminary investigation/feasibility review that will consider the roadway alignment within the existing right-of-way and the limitations of the project by the San Diego County Water Authority Aqueduct that is located on the western border and crosses the northern portion of the project. After determining the feasibility of the project, the consultant will complete the design and construction documents which is anticipated to be finalized in approximately seven (7) months. The consultant will then assist City staff with construction administration tasks. Environmental Review: The action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 22 February 19, 2019, Item #i.7 Approval of Consultant Agreement between the City of Poway and NV5 February 19, 2019 Page 2 Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Agreement. The not - to -exceed fee of $195,594 for design services will be the basis for this effort. There is $200,000.00 currently available in the Espola Road Bike Lane Improvements Project (STR0009). This project is listed on the City's list of proposed projects to be included in SANDAG's Regional Transportation Improvement Program (RTIP). Public Notification: NV5, 15092 Avenue of Science, Suite 200, San Diego, CA 92128 Attachments: A. Consultant Agreement Reviewed/Approved By: Reviewed By: Approved By: 4� A Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 2 of 22 February 19, 2019, Item #1.7 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 20th day of February, 2019, by and between the CITY OF POWAY (hereinafter referred to as "City") and NV5, INC., (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform engineering design services for the Espola Road Bike Lane Improvements Project (Project); and WHEREAS, Consultant is a professional and technical engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 0 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60 -day written notice to Consultant. During said 60 - day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 22 ATTACHMENT A February 19, 2019, Item #a 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it 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 the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 22 February 19, 2019, Item # "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ® 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. ❑ 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity' as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 3 5 of 22 February 19, 2019, Item # t years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, Indemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 4 6 of 22 February 19, 2019, Item #_J.� (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 22 J February 19, 2019, Item #-11 Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60 -day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CaIPERS) and shall not become members of CaIPERS while providing services to City. 8 of 22 February 19, 2019, Item #.t' Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 9 of 22 February 19, 2019, Item #Jkll IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: Tina White, City Manager Date: ATTEST: A. Kay Vinson, Interim City Clerk APPROVED AS TO FORM: By: Alan Fenstermacher, City Attorney NVS, INC. By: Phil Kern, PE, QSD, Project Manager Date: 10 of 22 February 19, 2019, Item #—,,� "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services further described in the Scope of Services submitted with the proposals dated December 21, 2018, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 18, 2018 which are included in this document as Attachment 2. Total fee is not to exceed $195,594. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty -Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of February 20, 2019 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 22 1 February 19, 2019, Item # t N (b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: City of Poway — Development Services 13325 Civic Center Drive Poway, CA 92064 To Consultant: NVS, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128 2 12 of 22 February 19, 2019, Item #_L_� EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title I General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) (1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12 -month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 13 of 22 1 February 19, 2019, Item # \\ .� Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 �y 14 of 22 February 19, 2019, Item #�1 Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 oithe Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § I (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note— Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(1) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 22 February 19, 2019, Item #1,-� Attachment 1 will exceed 5,000 SF in area, as well as construction storm water BMPs as described in the SWPPR Recommendations: Take advantage of special water quality requirements offered to bike lane projects by meeting the appropriate design criteria. Address deficiencies of the drainage system and water quality reports as part of the modifications required for the bike lane widening. Scope of Work NV5 will prepare preliminary and final design documents for the Espola Road Bike Lane Improvement Project. Preliminary submittals will consist of Conceptual and Schematic Design submittals. Progress submittals for the final roadway design package will be made at 50%,90% and 100% levels of completion. Traffic plans will be submitted at 90% and 100%. Deliverables will consist of PDF progress plans, final AutoCAD V18 files and a final set of mylars. Tasks described below Include attendance by NV5 engineering staff at a total of six (6) kickoff/review/ coordination meetings at the City's offices in addition to telephone coordination and conferencing. This includes one site visit with City staff during the design phase to review site conditions, collect photos and field information. These tasks also include preparation of meeting agenda, meeting notes, technical coordination, contract administration, internal quality assurance and project management. TASK 1 -PRELIMINARY DESIGN INVESTIGATIONS This task will consist of several subtasks to perform research, collect and analyze data for the site as well as to establish two basic geometric alternatives for the proposed improvements. The subtasks will include a digital topographic and right-of-way survey, geotechnical Investigation, preliminary environmental assessment, conceptual alignment study and research of SDCWA impacts and required approvals. a. Topographic and Right -of -Way Survey. Using a combination of low altitude aerial photogrammetry (UAV drone survey) and conventional ground survey methods, we will perform a topographic survey of a 400 foot wide corridor centered on the existing roadway. Due to the high volume of traffic and safety concerns, the drone survey will be used to establish contours and drainage patterns at the site and will be supplemented by conventional 16 of 22 ground survey shots outside the roadway. A high-resolution digital aerial photograph will also be provided which is suitable for vegetation interpretation for environmental permitting. Based on field data, public records and records obtained from the City, we will also plot the location of existing easements and rights of way. No surveyed street cross sections are proposed (although they can be generated through AutoCAD) and It is asumed for the purposes of this proposal that no new right-of-way acquisition Is anticipated. b. Geotechnical Investigation. The purpose of the geotechnical investigation will be to evaluate the soil conditions at the site so that appropriate recommendations can be provided for the widening of the roadway and construction of the bike lanes. The proposed scope of services will include the following: • Review of preliminary project plans, if available. • Review of geotechnlcal maps and literature pertaining to the site and vicinity. • Coordination of site boring locations with the project team. Field reconnaissance of the site to mark out boring locations and coordinate with Dig -Alert. • Preparation of traffic control plans. • Preparation and submittal of an encroachment permit to the City of Poway • Preparation of a Health and Safety Plan for the field exploration. • Investigation of the underlying geotechnical conditions by advancing three (3) exploratory borings to a maximum depth of approximately 10 feet or refusal along Espola Road. The exploratory borings will be logged and sampled by a geologist from our firm. Subsequent to logging and sampling, the borings will be backfilled. • NV5 will retain the services of a traffic control subcontractor to provide traffic control in accordance with California Manual of Uniform Traffic Control Devices (MUTCD) during field exploration. • Appropriate laboratory testing of representative samples of the soils encountered. Laboratory tests will include in-situ density and moisture content, soil classification (sieve analysis) tests, expansion index, direct shear, R -value and corrosivity testing (pH, resistivity, chloride content and sulfide content February 19, 2019, Item # • Evaluate the accumulated Information and develop conclusions and recommendations addressing the geotechnical aspects of the project. • Preparation of a report summarizing the results of our geotechnical investigation and presenting recommendations, from a geotechnical standpoint regarding the proposed pedestrian improvements, The items addressed will include geologic and earthquake engineering assessment, identifying geologic hazards associated with the site such as faulting, and } liquefaction potential. The reports will include recommendations for site preparation and earthwork, expansive potential of the on- site soils, allowable soil bearing capacities, recommended pavement sections, temporary excavations, seismic design parameters, soil corrosion potential, groundwater issues, site drainage and other geotechnical parameters relevant to the proposed construction. Schedule and Assumptions. At the present time, NV5 anticipates being able to begin preparation of the traffic control plans and encroachment permit application upon receiving your notice to proceed. NV5 assumes that the City will administer a "no -fee" review of traffic control plans and issue a "no -fee" encroachment permit. NV5 will mobilize the field investigation upon receiving approval for the drilling operations from the regulatory agency(s). It Is assumed that NV5 will be granted right -of -entry to the site for purposes of the field investigation. It is anticipated that the field exploration will take one day at the site and that the geotechnical report will be issued approximately 4 weeks after the completion of field work. If needed, progress briefings can be provided as project data are developed. c. Preliminary Environmental Assessment. The NV5 team will conduct a preliminary environmental reconnaissance of the area to assess anticipated environmental impacts to vegetation (coastal sage scrub), and describe the environmental documentation and mitigation requirements that would provide complete regulatory compliance for the City. These findings will be summarized in a Technical Memorandum. Our team Is also available to provide a proposal for the required environmental documentation (anticipated to be a Mitigated Negative Declaration) and supporting 17 of 22 technical studies, if needed. MND preparation Is considered an optional service and is excluded at this time. d. Conceptual Alignment Study. Using the topographic/ROW survey as a base, NV5 will prepare a schematic design for the proposed roadway/bike lane improvements indicating the proposed striping and geometry. The study will consist of a plan view only of two alignment alternatives and will be presented on a City of Poway title block. At this time the two alternatives proposed are a) widening of the west side of the roadway, and b) widening of the east side at the north end and widening of the west side at the south end. e. SDCWA Coordination. Our engineering staff will perform coordination and research with Water Authority staff to determine technical constraints of work near the existing pipelines as well as agreements and permits required for work encroaching into the SDCWA right-of-way. These findings will be summarized in a Technical Memorandum. Dellverables: • Digital topographic survey (1"=40' scale with 1' contour Interval) in electronic Autocad format with existing right-of-way and utility locations, including a high resolution digital aerial photograph in JPG format. • Geotechnical investigation report in PDF format Including findings and recommendations. • Technical Memorandum summarizing the preliminary environmental assessment in PDF format. • Conceptual roadway/bike lane alignment study in PDF format. • Technical Memorandum summarizing results of coordination and research with SDCWA in PDF format. TASK 2 -SCHEMATIC DESIGN SUBMITTAL The purpose of the schematic design submittal will be to further develop the concept design and confirm the final roadway and bike lane geometry for the preferred alternative. Schematic design plans will show the proposed roadway alignment, curb/berm locations, bike lane striping and grading using the topographic/ROW survey as a background. Widths and stationingfor the new facilities will also be shown. A schematic level February 19, 2019, Item # j Engineer's Estimate will also be provided, including contingencies for non -quantifiable items of work. Deliverables: • Schematic level roadway/bike lane plans (1"=40') in PDF format • Schematic level Engineer's Estimate in PDF format TASK 3-50% CONSTRUCTION DOCUMENTS This task will include design and development of 50% complete plans for the roadway widening and bike lane Improvements, based on the approved Schematic Design. The plans will include a title sheet with location map, typical street sections, general notes and improvement legend; plan and profile sheets at 1"=40' scale indicating horizontal and vertical alignment, grading, site demolition, roadway construction and drainage facilities. For drainage and water quality, the final design phases will include preparation of a drainage study for the culverts within the project area (using the San Diego County Hydrology Manual) and the required water quality documentation for a non -Priority Development Project (PDP) bike lane project. Deliverables: • 50% roadway/bike lane plans (1"=40') in PDF format • 50%hydrology/hydraulics study • Draft standard Storm Water Quality Management Plan and Storm Water Intake Form • 50% Engineer's Estimate in PDF format TASK 4-90% CONSTRUCTION DOCUMENTS In addition to 90% roadway/bike lane plans, this task will include preparation of signing and striping plans for Espola Road in accordance with the MUTCD, for inclusion with the street improvement plans. The NV5 team will also provide traffic control plans in sufficient detail for the City to advertise for bidding. Plans shall be designed and signed by a licensed California traffic engineer or civil engineer and shall meet both Caltrans standards (where applicable) and MUTCD standards. A draft Storm Water Pollution Prevention Plan (SWPPP) will also be prepared at 90%, in addition to the drainage study and water quality documents. NV5 will prepare a bid schedule (contract item list) and 18 of 22 line item Engineer's Estimate for the street and bike lane improvements, with submittals at 90% and 100% levels. Unit prices will be based on recent bidding records, experience and contract cost data provided by the City. Quantity calculations will be performed using Autocad and manual methods. Preparation of special provisions for the roadway and related construction will be based on the current version of the Standard Specifications for Public Works Construction or "Green Book" with submittals at 90% and 100% levels of completion. Front-end "boilerplate" specifications will be provided by the City. Deliverables: • 90% roadway/bike lane plans (1"=40'), including construction details, in PDF format • 90% striping and signage plans in PDF format • 90% traffic control plans in PDF format • 90% hydrology/hydraulics study • Final standard Storm Water Quality Management Plan and Storm Water Intake Form • Draft Storm Water Pollution Prevention Plan • 90% Engineer's Estimate In PDF format • 90% technical specifications and bid schedule (PDF/MS Word format) TASK 5 -FINAL (100°/x) BID DOCUMENTS This task will address City comments on the 90% design package and will incorporate all final design documents including roadway/bike lane plans, construction details, signing and striping plans, and traffic control plans. A final Engineer's Estimate and technical specifications will also be provided. Deliverables: • 100% roadway/bike lane plans (1"=40'), stamped and signed final mylars • 100% striping and signage plans, stamped and signed final mylars • 100% traffic control plans, stamped and signed final mylars • 100% hydrology/hydraulics study • Final standard Storm Water Quality Management Plan and Storm Water Intake Form • Final Storm Water Pollution Prevention Plan • 100% Engineer's Estimate in PDF format • 100% technical specifications and bid schedule (PDF/MS Word format) • AutoCad files, as requested February 19, 2019, Item #_0 TASK &BIDDING SUPPORT AND BID REVIEW NV5 will support City staff during the bidding period through the preparation of technical addenda, attendance at the pre-bid meeting to answer questions and evaluation of the bids received. Dellverables: • Bid Addenda (up to two total) in PDF format • Written responses to bidder's questions, as requested TASK 7 -CONSTRUCTION ADMINISTRATION NV5 will provide construction support for the project including attendance at the pre -construction meeting, review of contractor's RFls and submittals, and performing four periodic site visits to monitor the progress of construction and to assist in resolving construction issues. Value engineering redesign is not included. Deliverables: • Written responses to contractor's questions from the pre -construction meeting. • Written responses to contractor's RFls and submittals • Notes and photographs from periodic site visits TASK 8 -RECORD DRAWINGS Following completion of construction NV5 will coordinate and prepare record drawings based on plans clearly red -lined with any construction changes as provided by the contractor or inspector. Deliverables: • Final signed mylar record drawings with construction changes. 19 of 22 Exclusions and Clarifications The following tasks are hereby excluded from the Scope of Work: • Environmental technical studies and documentation • Off-site mitigation design • SDCWA permit/agreement processing • Potholing and field utility locating • Design of Structures • Right -of -Way Documentation February 19, 2019, Item #_L-� Project Name: Project Number: ClienUOwner: Project Manager: Prepared By: Proj/Prop No.: Date: r4 Espola Road Bike Lane Improvement Project TBD City of Poway Phil Kern PK P27518-0001926.00 December 18, 2018 OFFICE SERVICES: TECHNICAL SERVICE: $110 Engineering Aid/Planning Aid - OSEPA $70 Project Assistant - OSPA $96 Project Administrator -OSPAD $120 CADD Technician I - OSCT1 $105 CADD Technician II - OSCT2 $130 CADD Technician III -OSCT3 $136 Senior CADD Techniclan/Designer -OSSOT $145 Design Supervisor - OSDS $160 PROFESSIONAL: Junior Engineer/Planner/Surveyor -OSJP $110 Assistant Engineer/PlannedSurveyor -OSTSP $135 Associate Engineer/Planner/Surveyor -OSEEP $160 Senior Engineer/Planner/Surveyor -OSSP $176 Manager -OSMP $185 Structural Engineer -OSSTP $176 Associate - OSAP $195 Principal -OSPP $225 EXPENSES: Plotting and In -House Reproduction - EPHP 1.10 x Cost Subsistence - ESUB 1.10 x Cost Other Expenses -Including Subconsultants & $140 Purchased Services Through Subcontracts - EOTH 1.10 x Cost Mileage - Outside Local Area - EMIL Per Accepted Construction Manager - FSCM IRS Rate Litigation Support - ELIT $400 FILE: Espola Rd. Bike Lane Budget 12.18-18.xism BEYOND ENGINEERING ITEM TOTAL Labor and Outside Services $194,594 Direct Costs $1,000 TOTAL $195,594 FIELD SERVICES: CONSTRUCTION MANAGEMENT: Junior Field Engineer - FSJFE $118 Assistant Field Engineer - FSTFE $140 Associate Field Engineer- FSEFE $152 Senior Field Engineer- FSSFE $159 Construction Manager - FSCM $174 SURVEYING: 1 -Person Survey Crew (GPS)(Robotic) - FS1 R $185 1 -Person Survey Crew -FS1P $147 2 -Person Survey Grew -FS2P $265 3 -Person Survey Crew - F83P $335 Survey Manager -FSSM $191 20 of 22 February 19, 2019, Item # l_1( 11M Page 1 of 2 Phase Task DESCRIPTIONTASK Task/Sub oSPP $225 OSAP $195 OSMP $185 OSSP $176 -•- OSEEP $160 CODEISTAFF OSTSP $135 PSSE $160 OSSCr $145 OSCE $136 OSJP $110 OSEPA $70 FS2P HOURS $265 FEE % to Topographic & Right of Way Survey 12 6 16 36 70 $14.480 7.44% 1B Aerial Photogrammetry 0 $5,600 2.88% 1C Geotechnical Investigation Report 0 $14,795 7.60% 1 D Determination of Environmental Impacts 16 32 48 $7,472 3.840/6 1 D Environmental Prelim. Tech. Studies 0 $5,390 2.77% 1E Conceptual Design 24 40 64 $10,120 5.20% 1 F SDCWA Permitting 24 16 40 $6,856 3.520/6 2 Schematic Design 24 40 64 $10,120 5.200/6 • • • • TOTAL - THIS PAGE 0 ee 12 0 6 o o o 126 t6 0 36 286 $74.833 38.46% TOTAL -ALL PAGES 0 313 18 a 75 0 0 0 ata 70 0 36 940 1 $194,594 1100.00%1 Espola Road Bike Lane Improvement Project, TBD NV56/16 Espola ad. Bike lane Budget 12-18-18.xhm-12/202018 -n W a r_ c m N O M W I NV5 Page 2 of 2 Phase as DESCRIPTIONTASK Task/Sub OSPP $225 OSAP $195 05MP $155 OSSP $176 c•- OSEEP $160 CODEISTAFF OSTSP $135 PSSE $160 OSSCT $145 OSCT3 $136 OSJP $110 OSEPA $70 F52P HOURS $265 FEE °h 3 50% Construction Docsuments-Civil 40 80 120 $18,680 9.60% 50%CDs-Hydrology/Hydraulics 15 2 49 66 $11,117 5.71% 50% CDs -Water Quality(SWQMP) 2 18 20 $2.350 1.21% 50% CDs -Traffic Engrg. 0 $6,386 3.28% 4 90% Construction Docsuments-Civil 40 80 120 $18,680 9.60% 90% CDs-Hydrology/Hydraulics 8 1 16 25 $4,296 2.21% 90% CDs -Water Quality(SWOMP) 2 6 8 $1,030 0.53% 90% CDs -Traffic Engrg. 0 $4,521 2.32% 5 100% Construction Docsuments-Civil 32 64 96 $14,944 7.680% 100% CDs-Hydrology/Hydraulics 1 2 1 4 7 $1,206 0.62% 1000/6CDs-Water Quality(SWPPP) 2 8 30 40 54,758 2.450/ 1001/6 CDs -Traffic Engrg. 0 $5,929 3.05% 6 Bidding and Bid Review 16 16 32 $5,296 2.72% 7 Construction Administration 64 24 88 $15,744 8.09% 8 Recons Drawings 8 24 32 $4,824 2.48 • SPP •225 • TOTAL - THIS PAGE o 6 a 69 o i o 0 296 Sa 0 0 654 $119,761 61.54% TOTAL -ALL PAGES 0 313 16 a 75 o 0 0 424 70 0 36 940 $194594 100.00% Espola Road Bike Lane Improvement Project, TBD I'3 trv56/16 Espola Rd. Bike Lane Budget 12-18-18.dsm-12/20/2018