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)
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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.
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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)
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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
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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