Agenda Item B.7
CPMS CONSENT CALENDAR
Meeting Date: July 18, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Daniel Virgen Jr, Assistant Engineer
SUBJECT: Award a Professional Design Services Agreement with Kimley -Horn and Associates, Inc. for the Citywide Traffic Signal Upgrade Project
RECOMMENDATION:
Award and authorize the City Manager to execute a Professional Design Serv ices Agreement with Kimley-Horn and Associates, Inc. for the Citywide Traffic Signal Upgrade Project in the amount of $ 380,000 and authorize $50,000 for contingent services, for a total not-to-exceed amount of $430,000, with a termination date of December 31, 2025.
BACKGROUND:
In 2020, Public Works staff applied for a Cycle 10 grant for Highway Safety Improvement Program (HSIP) to upgrade and modernize existing City traffic signals at 39 locations throughout the City to the most current city, state, and federal standards. This application sought funding to modernize the City’s traffic signal systems to allow the City’s streets to handle local and regional traffic more safely and efficiently. Specifically, the project w ill implement improvements to traffic infrastructure such as traffic signals, video detection of vehicles, pedestrian and bicycle movement through intersections , in stallment of new traffic signal poles, enhancing signal visibility, and traffic signal equipment.
The City received the HSIP Cycle 10 grant in 2021 for the project's environmental, final design, and construction phases . The City was awarded a total of $3,120, 100 in State Only HISP grant funding. Of that total $380,600 was assigned to the conceptual design, environmental, and final design phases and $2,739, 500 to construction funding. The project is funded with HSIP grant , General funds, and Measure A funds with no local match required.
DISCUSSION:
In 2020, the City completed a Traffic Safety Study (TSS), which contained an essential element; a Systemic Safety Analysis Report (SSAR). A SSAR analyzes collision data on an aggregate basis to identify high -risk roadway characteristics to recommend systemic improvements rather than responding to locations as collisions occur. SSARs recognize that collisions alone are insufficient to prioritize countermeasures across a system , 1 Meeting Date: July 18, 2023
therefore related behaviors that contribute to collisions are accounted. The T SS was developed with specific focus on pedestrian and bicycle safety countermeasures to improve safe travel throughout the City.
Collision data from January 1, 2014, through December 31, 2018, showed that collisions at signalized intersections accounted for 41 percent of all collisions. An evaluation of this collision group identified that over 70 percent of intersection collisions were either broadside or rear-ends. These collision types are typically associated with vehicles failing to stop for a red signal . This project will improve safety movements for pedestrians , bicycles, and vehicles through intersections.
Request for Proposal Results
A request for proposal for the design of the Citywide Traffic Signal Upgrade Project (Project) (CIP No. 9083) was posted on PlanetBids on January 26, 2 023. The City received proposals from Kimley -Horn and Associates , Inc. (Kimley-Horn) and Wi lldan Engineering. A three-member evaluation team that included three City staff members from Public Works evaluated the two proposals. Kimley-Horn was the top -ranked firm based on the proposal submitted. Kimley-Horn outlined their qualified experience through completing numerous HSIP projects in the past , ranging from roadway realignments to multiple intersection corridors. In addition, Kimley -Horn proposed project recommendations that were tailored to the City’s need s while understanding the complexity of the HSIP project.
Public Works staff is recommending that City Council award and authorize the City Manager to execute a professional design ser vices agreement with Kimley -Horn in the amount of $380,000 and authorize $50,000 for contingent services , for a total not -to- exceed amount of $430,000 (Attachment 1). Assumptions made at the conceptual phase of the design process may change the original design scope ; therefore, staff is requesting $50,000 in contingent services for any additional work required to implement the changes.
FISCAL IMPACTS:
The total estimated costs and funding sources associated with the Project are listed in Table 1 below.
Table 1 – Project Cost Estimates
Project Components Estimated
Costs Funding Source Funding
Amounts
Conceptual Design $120,000 General Fund (101) $336,900
Environmental $120,000 Measure A (205) $95,000
Final Design $408,000 HSIP Grant (417) $3,120,100
Land Acquisition $0
Construction $2,904,000
Total $3,552,000 Total $3,552,000
2 Meeting Date: July 18, 2023
Project Funding
Project design consultant engineering costs are $ 430,000. There is $475,384 of design engineering funds available for th is project in the Measure A and HSIP Cycle 10 grant.
Table 2 below summarizes the project funding sources.
Table 2: Project Budget
Fund Type Account FY 2022-23
Carryovers
FY 2023-24
Budget
Available
Balance
General
Fund
101-90-9083-57070
(Design)
$0 $328,749 $328,749
Measure A 205-90-9083-
57070 (Design)
$94,784 $0 $94,784
HSIP Grant
417-90-9083-57070
(Design)
$380,600 $0 $380,600
HSIP Grant
417-90-9083-57071
(Construction)
$2,739,500 $0 $3,120,000
Total $3,214,884 $328,749 $3,543,633
ALTERNATIVES:
The City Council may elect not to award the professional design services agreement to Kimley-Horn and direct staff to find alternative design consulting services. However, doing so would result in project delays and could jeopardize current HSIP grant funding.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Professional Design Services Agreement with Kimley-Horn – Citywide Traffic Signal Upgrade Project
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Professional Design Services Agreement with Kimley Horn and Associates, Inc.
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Project Name: Citywide Traffic Signal Upgrade Project
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
BETWEEN THE CITY
OF GOLETA
KIMLEY HORN AND ASSOCIATES, INC
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 18th day of July, 2023, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and KIMLEY HORN AND ASSOCIATES , INC., a Stock Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional design services for the Citywide Traffic Signal Upgrade Project; and
2. The CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract
for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.
4. The City Council, on this 18th day of July, 2023, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.
CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Design Services in conjunction with Citywide Traffic Signal Upgrade Project Services s hall generally include the design and preparation of plans, specifications, estimates, right of way, and environmental professional services as more particularly set
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forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CI TY the deliverables defined in Exhibit “A.”.
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $430,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2025 after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation ear ned, which written verification shall be in a form satisfactory to CITY's Pr oject Manager, as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of h ours worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the service s described in Section 2, as mutually agreed to writing in advance of th e incurrence of extra services by CONSULTANT. Unless CITY and CONSULTA NT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shal l exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. Any compens ation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
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5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coor dinate with, CITY's "Project Manager", as that staff person is designated by CITY fr om time to time, and who presently is Daniel Virgen. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is fr om the date first written above to December 31, 2025 unless term of t his AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the proper ty of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Darren Adrian is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should an y such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may no t be assigned or subcontracted without the City Manager’s prior written consent.
Avant Garde, Inc, Lissette Montoya, Caltrans LAPM
Encompass Consultant Group, Inc, James Fallon, Survey
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9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and De fense for Professional Service. To the fullest extent permitted by law, Co nsultant shall indemnify, defend and hold harmless the CITY and any and al l of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fe es and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful mi sconduct of the CONSULTANT.
CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in dire ct proportion to the CONSULTANT ’s proportionate percentage of fault. CONSULTANT ’s percentage of fault shall be determined, as applicable, by a co urt of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT ’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify , and hold harmless CITY, its officials, employees, and agents (“Indemnified Pa rties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bod ily injury, property damage, or economic injury, and arising out of , related to, any concurrent or contributory negligence on the part of t he CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hol d harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insur ance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
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Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, in cluding hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehi cles, this requirement may be satisfied by a non-owned and hir ed auto endorsement to Service Provider’s commercial general liability policy.
c) Worker s’ Compensation insurance complying with California worker’s compensation laws, including statutory lim its for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Addi tional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability in surance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance pol icies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
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d) Except for professional liability in surance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (includi ng the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or re duced in coverage or in limits except after 30 d ays’ prior written notice has been given to CITY.
Such provision shall not include any li mitation of liability of the insurer for failure to provide such notice.
f) No liability insurance cover age provided to comply with this AGREEMENT shall prohibit CO NSULTANT, or CONSULTANT ’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse again st CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems nece ssary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assume s no obligation or liability by such notice, but has the right (b ut not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely
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responsible for any workers compensatio n insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnif ication obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or pl ans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be char ged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any port ion or all of the services agreed to be performed under this AGREEMENT. If termi nation is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termin ation shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for c ause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of th e final payment made under this AGREEMENT shall operate as and be a re lease of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or service s. Acceptance of payment shall be any negotiation of CITY's check or th e failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work perfo rmed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make availa ble to a representative of CITY for examination of all its records with respect to all matters covered by this
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AGREEMENT and will permit CITY to aud it, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the othe r party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written wa iver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under t his AGREEMENT, or at law or in equity, shall be cumulative and alternative, and in vocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve t he objectives and purposes of the parties.
Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall includ e the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
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20. GOVERNING LAW
This AGREEMENT, and the rights and obl igations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superio r Court of Santa Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discriminate on th e basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certificatio n, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONS ULTANT for current services are within the current budget and wi thin an available, unexhausted and unencumbered appropriation of CITY fu nds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate pe rmits, licenses, and certificates that may be required in connection with t he performance of services under this AGREEMENT.
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27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or descr ibe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subs idiaries, agents, employees, successors, assigns, principals, partners, joint vent urers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, be tween the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or une nforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given he reunder shall be deemed to have been given by depositing said notice in the Un ited States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Rober t Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Darren Adrian, Sr. Vice President Kimley Horn
660 South Figueroa St, Suite 2050
Los Angeles, CA 90017
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32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Darren Adrian, Sr. Vice President
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Jason Melchor, Assistant Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A
SCOPE OF WORK
Task 1. Project Management
This task will consist of project management, administration, coordination, quality control, quality assurance, and att endance at project meetings. Consultant ’s administration efforts shall include initia l development and maintenance of the project schedule, work plan, and filing system as well as processing timely invoices and progress reports. Consultant shall create and maintain a simplified critical path method schedule, updating it as needed to manage the project and as requested by the City. Cons ultant shall assist the City ’s project manager in preparing and maintaining a project history file. Consultant shall coordinate with the City and other involved agencies, as authorized.
Consultant assumes that it will schedule and attend up to twelve Project Development Team (PDT) meetings with City staff and other stakeholders on a monthly basis to report project updates. We anticipate either in-person or remote conference meetings for project kick-off; subsequently the base map preparation, 65%, and Final Contract Package design reviews; and project progress meetings. Consultant shall coordinate with the PDT to develop agendas for each meeting. After each meeting, Consultant shall prepare and distribute minutes of documented design decisions and action items to each meeting attendee. Any additional in-person meetings or conference calls will require a change to scope.
Task 1 Deliverables:
x Attendance at up to twelve project meetings
x Electronic copy of meeting agendas and meeting minutes x Schedule updates at each submittal milestone (Base map preparation, x 65%, Final Contract Package submittals)
Task 2. Environmental
As this project is state funded as part of HSIP Cycle 10, local HSIP projects must meet the requirements of the Califor nia Environmental Quality Act (CEQA).
Based upon our preparation of environmental documentation for similar projects and a review of the project as presented in the RFP, Consultant anticipates that the project will be categorically exempt under CEQA Guidelines Section 15301 – Existing Facilities. The Notice of Exemp tion (NOE) will include a brief project description and analysis/explanation as to why this exemption under CEQA Guidelines Section 15301 is appropriate and confirm that no exceptions or unusual circumstances exist. Consultant shall file the NOE with the County Clerk.
Task 2 Deliverables:
x Preparation of CEQA Categorical Exemption
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Task 3. Preliminary Investigation
Consultant shall perform a field review of observable conditions at each of the 35 signal intersections of the project. Consultant shall collect field notes for the preparation of traffic signal modification plans consisting of street geometrics, lane configurations and widths, digital ph otographs, existing signal, pedestrian and lighting inventory, location of underground and overhead utilities, and existing facilities (i.e., bus stops shel ters/benches) that may impact placement of equipment, new cabinets, pull boxes, and conduit runs. Consultant shall examine the existing cabinet and its adequacy to accommodate a new 2070 controller and battery backup system, where identified, and review potential timing changes for new left turn phases and yellow times based upon existing roadway speed limits.
Consultant shall conduct an as-built record research at the City of Goleta, City of Santa Barbara, County of Santa Barbara, and Caltrans District 5 to supplement project base mapping and to identify design controls and considerations for plan preparation and approvals.
Task 3 Deliverables:
x Field review notes and photographs
x As-built records research
Task 4. Surveying
Consultant shall provide a design lev el topographic survey at the following eight project intersections with a total of 24 ramp locations identified needing topographic mapping where ADA ramp upgrades are required, including locating utilities within surveyed areas. We have determined the three other intersections that require ramp upgrades have adequate space to accommodate a standard ramp and survey is not necessary.
x Hollister Avenue/Entrance Road
x Hollister Avenue/ Los Carneros Road
x Hollister Avenue/Nectarine Avenue
x Hollister Avenue/Rutherford Street
x Hollister Avenue/Kinman Avenue
x Storke Road/Marketplace Drive
x Fairview/Encina Drive
x Calle Real/Encina Lane
The right-of-way will be shown for reference based upon available record maps.
Consultant shall prepare up to six le gal descriptions and six accompanying exhibits to clearly define temporary construction easements. Consultant shall obtain up to six preliminary title reports. Utilities will be shown on project base plans based on as-builts obtained from utility companies and from survey.
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Task 5. Coordination Meetings with Stakeholders
Consultant shall meet with Santa Barbara MTD, Hillary Blackerby, Planning and Marketing Manager, to coordinate related facilities including bus stops along MTD routes impacted by the project. Consultant shall meet with County of Santa Barbara maintenance staff to obtain their pr eferred equipment list to be installed corresponding the improvements list in the RFP. Consultant shall invite Caltrans and the City of Santa Barbara to the PD T meetings to discuss signals owned by these agencies located within Goleta Ci ty Limits, as needed. Based on the intersection list, all intersections are ow ned by the City of Goleta. Therefore, we do not anticipate needing to obtain encroachment permits from other agencies.
Coordination with utility companies will be handled as part of the Utility Coordination task.
Task 6. Base Map and Preliminary Design Plan Preparation
Consultant shall prepare traffic signal modification base maps of existing conditions based on field visits, survey collected, and as-builts including existing utility information. The traffic signal modification plans based on current City and Caltrans standards, and will be prepared at 20 scale (1 ”=20’) using AutoCAD 2020 version drafting software on 24 ” x 36 ”, full size sheets for the 35 intersections. The traffic signal modific ation plans (for up to 35 signalized intersections) will include preliminary design of the following work consistent with the City’s HSIP grant funding application:
x Upgrade signal controllers to type 2070
x Replace outdated controller cabinets that are not already McCain 352i or equal (2 locations)
x Design for the installation of battery backup systems at critical locations x Installation of Caltrans standard reflective yellow border backplates for all signal heads
x Replace all 8 ” signal heads with 12” heads and new framework x Upgrade existing pedestrian heads to countdown heads (4 locations) x Upgrade pedestrian push buttons to APS push buttons
x Replace curb ramps where ramps are either not ADA-compliant or replacement is required (11 locations)
x Adjust height of pedestrian pus h buttons to 42-inches above finished ramp grade
x Upgrade outdated video detection, including advanced dilemma zones for high-speed approaches
x Implement protected-left turn phasing (8 intersections) x Provide electronic copy of all documents developed during the contracted period with the City
x Prepare updated signal timing sheets for the 27 intersections where new
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left-turn phasing and advanced dilemma zone detection are proposed.
Consultant assumes the City will provide a signal timing sheet template consistent with the City’s standards or preferences. Traffic counts and analysis are excluded
:
Task 6 Deliverables:
x Preliminary design traffic signal m odification plans (35 intersections) x Update signal timing sheets (27 intersections with ADZD and/or left turn phasing improvements)
Task 7. 65% PS&E
Based on one set of non-conflicting comm ents on the existing base map and preliminary design plans, Consultant shal l advance the construction documents to a 65% level of design. The 65% plans will include construction notes, pole schedule, conductor schedule, and details. Consultant shall prepare a comment response matrix to be submitted with the 65% submittal. 65% Specifications (special provisions section) and Estim ates will be prepared utilizing Microsoft Word and Excel respectively.
Task 7 Deliverables:
x 65% Submittal - traffic signal modification plans, specifications, and estimates
Task 8. 100% Final PS&E and Final Contract Bid Package
Based on one set of non-conflicting comments on the 65% PS&E, Consultant shall advance the construction documents to a 100% Final PS&E to submit to the City for a final round of review. Cons ultant shall prepare a comment response matrix to be submitted with the 100% Final PS&E submittal. Consultant shall address one set of non-conflicting comments on the 100% Final PS&E and prepare the Final Contract Bid Package. Consultant shall provide the City with an original complete set of PS&E. The final contract bid package design plans are to be plotted on bond. Plans and specific ations will be signed stamped by a registered civil engineer. The detailed quant ity takeoff consisting of a sheet by sheet takeoff of the plans, will be submitted upon completion of the design.
Task 8 Deliverables:
x 100% Final PS&E
x Final Contract Bid Package (PS&E) – one electronic and one bond copy submittal
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Task 9. Utility Coordination
Task 9.1: Utility Coordination
This task includes collecting data and information from the City, coordination with utility companies, and a field reconnaissance at 35 intersections. Consultant shall coordinate with the City to collect existing data for the design. Kimley- Horn will request the following data:
x Utility contacts
x Existing as-builts pertinent to the project within the project vicinity including, but not limited to, existing traffic signal, roadway, and communication as-builts
x Available electronic signal plans
Consultant shall request record base maps of the utility companies, and Consultant shall notify the various agencies and request that if they plan to install new facilities within the project area that t hey coordinate with the City as soon as possible. Utility records will be sc anned and catalogued as they are received.
Utility information will be incorporated in to the project base map. Kimley- Horn will review and analyze received utility record plans to identify potential conflicts with the proposed improvements. A matrix will be created to track which utility companies have been contacted, which utility documentation has been received, and which utility documents have been im plemented into the plan. Preliminary and final plans will be sent to all affe cted utility companies to communicate our improvements. Consultant shall present potential right-of-way issues that are apparent as a result of the design to the Ci ty as expeditiously as is reasonable.
Consultant assumes the City will prov ide ROW agents as necessary if design requires the acquisition of ROW to pr ovide standard level of function and constructability. Consultant shall coordinate with utilities up to the start of construction to facilitate the adjustment and relocation of their facilities if necessary. Consultant shall assist City st aff in coordinating a utility kick-off meeting. Consultant assumes that utility coordination will transfer to another responsible party at the start of constr uction. We have budgeted a total of 40 hours for this task.
Task 9.2: Potholing
Upon request and authorization by the City, Consultant shall hire a potholing subcontractor to provide the following:
x Underground utilities at potential conflict locations to determine their horizontal and vertical location for clearance and connection points or conflicts for underground improvements such as gas lines and other
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utilities, and to determine the location of proposed traffic signal pole foundations
x Repair existing improvements in-kind because of potholing. This includes repair of asphalt concrete and PCC. They will perform up to eight potholes. Vac-X or similar potholing method will not be used over gas mains. The potholing information and plan will be submitted to the City after task completion
x Pull a no-fee encroachment permit, notify underground service alert, and provide standard traffic control during potholing operation
Task 9 Deliverables:
x Utility company notification letters
x Utility coordination matrix
Task 10. Bidding and Award
This task consists of coordination and support during the bidding phase of the project. Consultant shall at tend the pre-bid meeting and assist City staff and/or potential contractors in answering pre-bid questions, and interpretations of the plans and specifications. Assist staff in re viewing bids. Consultant shall log those questions and provide responses to reques ts for information (RFI) during the bidding phase and prepare project addenda. We have budgeted up to 24 hours of effort for this task.
Task 10 Deliverables:
x Response to pre-bid questions
x Response to RFI and questions during bidding phase
x Prepare up to two project addenda
Task 11. Design Support During Construction
This task consists of coordination and support during the construction stages of the project. Consultant shall attend the pre-construction meeting and address items for the construction management team to be aware of. Consultant shall be involved during construction stages by reviewing and responding to up to 15 total RFIs/submittals.
We have budgeted up to 30 hours to review proposed field design alternatives or value engineering changes by the contract or during construction. Consultant shall attend one construction progress meeting or field meeting.
Task 11 Deliverables:
x Attendance at pre-construction meeting and construction progress meeting or field meeting
x Response to RFIs and submittal reviews
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Task 12. Record Drawings and Project Closeout
Consultant shall prepare record drawing as-builts after construction has been completed. Any comments and changes during construction as redlined and noted by the contractor will be document ed and annotated. Record drawings will be prepared in AutoCAD, and PDF electroni c files shall be sent to the City.
Consultant shall assist the City with Project Closeout.
Task 12 Deliverables:
x Record drawings in PDF electronic format
Assumptions/Limitations
x Signing and striping plans are not included
x Traffic control plans and temporary traffic signal plans are not included x Collection of intersection turning movement counts are not included x Signal warrant analyses, left tu rn phasing analyses are not included
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EXHIBIT B
SCHEDULE OF FEES
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