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HomeMy WebLinkAbout2000-02-15; City Council; 15624; Oak Avenue Public Works Yard Feasibility StudyCITY OF CARLSBAD - AGENDA BILL I I AB# J’$-& TITLE: AWARD OF PROFESSIONAL SERVICES CONTRACT FOR MTG. 2/15/2000 VILLAGE TRANSPORTATION CORRIDOR MASTER PLAN AND OAK AVENUE PUBLIC WORKS YARD REUSE DEPT. H/RED FEASIBILITY STUDY DEPT.- CITYATTY. @ CITY MGR:-e RECOMMENDED ACTION: ADOPT City Council Resolution No. do@@ d& awarding a contract in the amount of $43,040 to Kosmont & Associates, Inc. for professional consultant services to complete a Village Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Public Works Yard in the Village Redevelopment Area. ITEM EXPLANATION: As part of the successful implementation of the Carlsbad Village Redevelopment Master Plan and Design Manual, staff is working to complete a Master Plan for the Village Transportation Corridor and a Reuse Feasibility Study for the Oak Avenue Public Works Yard. These projects will provide the necessary planning tools to properly guide the future development of two key areas within the Village Redevelopment Area. While both projects could be conducted independent of one another, staff has combined the projects for reasons of cost effectiveness and optimal site planning. Transportation Corridor Master Plan The Transportation Corridor bisects the Redevelopment Area in the north/south direction and includes that area owned by North County Transit District (NCTD) located on the east and west sides of the existing train tracks. The current land use plan for the Transportation Corridor, as approved by the Coastal Commission, allows the following uses: field and seed crops; truck crops, horticulture crops, orchards and vineyards; tree farms; fallow lands, light-rail transmission facilities; light-rail maintenance/repair facilities; light-rail stations; passive open space; bicycle paths; pedestrian trails; private or public parking lots; and railroad tracks. Due to the fact that there is a considerable amount of excess right-of-way within the Transportation Corridor, which is owned by NCTD and is not needed for rail operations, the Carlsbad Redevelopment Agency would like to implement a land use plan which allows for uses within the Transportation Corridor which would support use of public transportation, specifically Commuter Rail. Without a revised land use plan, desired uses such as mixed use, commercial, or residential development could not be approved within the Transportation Corridor. With approval of a Master Plan for the Village Transportation Corridor by the City Council and the Coastal Commission, projects can be pursued which are supportive of Transit Oriented Development principles. Oak Avenue Yard Reuse Feasibilitv Study The Public Works Yard, located at 405 Oak Avenue, is situated immediately east of the Village Transportation Corridor. The site is expected to be vacated within the next two years once construction of the new Public Works facility is complete on the property adjacent to the Safety Center. The .85 acre site is owned by the City of Carlsbad and has been used as a public works maintenance yard for more than 25 years. The primary purpose of the project is to complete a study for the reuse of the site and identify alternative development concepts and their economic feasibility. The information generated from the study will be presented to the City Council in order to determine the future use of the site. - I ’ Pa$e 2 of Agenda Bill No. /<dA+ Consultant Selection In response to a Request for Proposals (RFP) issued on October 18, 1999, staff received a total of three (3) proposals from consultant firms interested in providing the required professional services to the City of Carlsbad. The consultant firms submitting proposals were: Cannon Design Group $70,300 Wallace Roberts & Todd $79,710 Kosmont & Associates, Inc. $43,040 Staff reviewed all of the consultant proposals and spoke with representatives of each of the firms who demonstrated the best ability to complete the requested master plan and reuse feasibility study in the manner identified within the RFP. Based on staffs review, staff is recommending that Kosmont & Associates, Inc. be awarded the contract for the subject professional consulting services. Staff believes that Kosmont & Associates has the qualifications and experience required to best meet the needs of the City as related to the Village Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Public Works Yard. Staff is recommending that the City Council authorize the City Manager to execute a professional services agreement with Kosmont & Associates, Inc. to conduct the requested studies and prepare the necessary reports. FISCAL IMPACT Adequate funds are available in the Redevelopment Operations Budget ($13,040) and Capital Improvement Program Budget ($30,000) to fund the subject project. Fifty percent (50%) of the funds utilized for this project will be reimbursed by SANDAG through participation in their Transit Oriented Development Planning Program. Funds were appropriated in the 1999-2000 Redevelopment Operations Budget and the City’s CIP Budget for implementation of the subject project. EXHIBITS 1. City Council Resolution No. &he- b& , approving the award of the contract with Kosmont & Associates, Inc. for professional consultant services to complete the Village Transportation Corridor Master Plan and Oak Avenue Yard Reuse Feasibility Study. 2. Professional Services Agreement between City of Carlsbad and Kosmont & Associates, Inc. for consultant services to complete the Village Transportation Corridor Master Plan and Oak Avenue Yard Reuse Feasibility Study. / s t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I h CITY COUNCIL FtESOLUTION NO. 2000-62 A RESOLUTION OF THE CITY COUNCIL OF THB CITY OF CARLSBAD, CALIFORNIA, APPROVING AWARD OF CONTRACT TO KOSMONT & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO COMPLETE A VILLAGE TRANSPORTATION CORRIDOR MASTER PLAN AND REUSE FEASIBILITY STUDY FOR THE OAK AVENUE PUBLIC WORKS YARD IN THE VILLAGE REDEVELOPMENT AREA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $43,040. WHEREAS, the City of Carlsbad and the Carlsbad Redevelopment Agency have a need and desire to complete a Master Plan for that property which lies within the Transportation Corridor of the Village Redevelopment Area as defined in the ViUage Redevelopment Mmter Plan and Design Manual; WHEREAS, the City of Carlsbad and the Carlsbad Redevelopment Agency have a need and desire to complete a Reuse Feasibility Study for the Oak Avenue Public Works Yard to determine highest and best use for the property once it is vacated by the City of Carlsbad Public Works Department; and, WHEREAS, the City of Carlsbad has determined that it requires the professional services of a consultant with experience in completing the desired master plan and reuse feasibility study; and, WHEREAS, the City of Carlsbad has completed a request for proposals and selection process to identify the consultant most qualified to prepare the desired master plan and reuse feasibility study for the City. NOW, THEREFORE BE IT HEREBY RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby approves award of a Professional Services Contract to Kosmont & Associates, Inc. for consultant assistance to complete a Master Plan for the Village Transportation Corridor and a Reuse Feasibility Study for the Oak Avenue Public Works Yard. 3. That the City Council hereby authorizes the City Manager to execute a professional services agreement with Kosmont & Associates, Inc. in an amount not to exceed $43,040 to conduct a Village Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Public Works Yard. . . . . . . . . . ; ? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the d 15th ay of February, 2000, by the following vote, to wit: AYES: Cduncil Members Lewis, Finnila, Nygaard and Kulchin NOES: None ABSENT: ABSTAM: None Council Member Hall ATTEST: 77ps LO- M. WOOD, City Clerk ZC RESO NO. PAGE 2 2000-62 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into as of the 23fla day of I 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Kosmont & Associates, Inc., a professional consulting firm, hereinaf’@r referred to as “Contractor.” City requires the services of a Profe?wkmai Services Consultant to provide the necessary research and evaluation services for the preparation of a Transportation Corridor Master Plan and Re-Use Feasibility Study for the Oak Avenue Public Works Yard; and Contractor possesses the necessary skills and qualifications to provide the services required hy the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR”8 OBL&A?i4%$~ Consultant will complete a Transgotiation Corridor Master Plan and Reuse Feasibility Study for the Public Works Yard in the Carlsbad Village Redevelopment Area. Preparation of the documents shall consist of the following six (6) tasks, as outlined in the proposal dated November 4, 1999 (attached as Exhibit “A”): Task A: Establish Goals and Objectives for the Transportation Corridor through the review of existing planning documents and meetings with City staff and key representatives of appropriate agencies. rev. 12/28/99 Task B: Prepare a development potentials analysis through the evaluation of locational and physical site constraints and opportunities related to development within the Transportation Corridor and the Oak Avenue Public Works site. Task C: Prepare a market feasibility analysis to determine potentials for new development. Task D: Obtain community it?put, 8s desmexj appropriate by Housing and Redevelopment Director, to ascertain any other conditionsi that may impact potential development. Task E: Prepare a reme feasibiNy an&@&~ for the Qak Avenue Public Works site to estabNh alt@$rtative development plans and prepare a ooncepttfal site plan and elevation for tb selec@d alternatives. Task F: Prepare a Transportation Corridor Master Plan including; conceptual site plans, developmnt guidelines, land use maps, circulation pF@?s, and phasing plans. The Transpart&lon Corridor Master Plan and the Reuse Fea@ibiMy Study for the Oak Avenue Public Works Yard wifl be completed according to the Methodology outlined in the proposal submitted by the Consultant in response to the City’s Request for Proposals as described in Exhibit @A”. In addition, Consultant will be responsible for subcontracting with Metcalfe Associates for architectural and land use planning services as necessary to complete the scope of work as outlined in the Methodology portion of the proposal. Consultant shall provide the City with ten copies of a final draft of the Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue rev. 12128199 -2 - Public Works Yard and one camera-ready document with relevant graphics and corresponding computer disk no later than June 15, 2000. Consultant shall also prepare graphic materials/architectural renderings and present findings to the Design Review Board and Housing and Redevelopment Commission. 2. CITY OBLIGATIONS The City shall supply the Consultant with information in the City’s possession necessary to assist in the completion of Consultant% obligations. This information may be in written form or through discussions with City officiats and staff, 3. PROGREp$ Ai!@ t%%IPLETIO~ The work under thfs contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within 130 calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Housing and Redevelopment Director. The Rousing and Redevelopment Director will give allowance for documen&i and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $43,040. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” Progress payments will be paid monthly following receipt of invoices from the Consultant based upon the -3 - rev. 12128199 percent of project completion. The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for one additional one (1) year period or part thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing r’ndicating effeot!vg date and length of the extended contract, 6. Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL $UBMt$SlONS Within 5 days of completion and approval of the Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Pub&? Works Yard, the Contractor shall deliver to the City the following items: Ten (10) copies of the Transportation Corridor Master Plan and Reuse Feasibility Study for the Oak Avenue Public Works Yard, one camera-ready copy of the report for duplication and corresponding computer disk(s), including all information used in the report and relevant graphics in a format agreed upon by City staff. 6. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change rev. 12/28/99 -4- . ’ ’ in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaff@ted portions of the agreement. 9. COVENANIB Ati$AINf$T ~~~~~~~~T”~~~S The Contractor warrants that their Rrm has not employed or retained any company or parson, other than a. bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDlSCRlMlliATlON CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for rev. 12128199 -5 - nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Housing and Redevelopment Director. The Housing and Redevelopment Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upan that finding as reported to the City Manager, the Manager shatl determine the t%W payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the @vent of such suspenlgion or termination, upon request of the Cii, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shal make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSlUIT@ The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for rev. 12128199 -6 - civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as 8 Cortbwt~ on any public work or improvement for a per&I of up to five years. The Contractor @zkn~Wges debarment by another jurisdiction is grounds for the City of Cerlsbad to disqualii the Contractor from the selection prms. (hitilt) (Initial) The provisions of Carlsbad Municipal Code sections 3.$2.Q25, 3.32.026, 3.32.027 and 3.32028 pertaining to false claims are incorporated herein by reference. 13. ---zic (hit%) (Initial) The Contractor agr-ees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputw btvmm the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTM The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this rev. 12/28/99 -7 - agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workWs’ compensation insurance or unemployment contributions on behalf of the Contractor of its employekgrs or subcontractors. The Contractor agrees to indemnify the Ci with& 30 days for any tax, retirement contribution, so&f security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or arty employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQU#P#WENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. -8 - rev. 12128199 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the VW& f&r wMh they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (“I) ~QQ# uf the plans for its records. 17. The Contractor Qgrees that al ~~~~~~ whief”~ a&e &WI cf%ation of the work pursuant to this contract shall be vested in City and her&+ wrees to relinquish all claims to such copyrighti in favor of City. 18. Contractor agrees to indemnify and hold harmless the City of Car&bad and its officers, officials, employees and volunteers from and against a# C;talms, damages, losses and expenses including attorneys fees arising out of the perfPrm%nce of the work described herein caused by any willful misconduct, or negligent &ot, or omission of the contractor, any subcontractor, anyone directly or indirectty employed by any of them or anyone for whose acts any of them may be tiabie. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts rev. 12/28/99 -9 - and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract ~p&&Ae to Contractor’s work unless specifically noted to the contrary in the subcontract in queen approved in writing by the City. 21. No offtoM of the city who is authorized in such capacity on bgr)lMf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who Is authorized in such capacity arid on behalf of the City to exercise any executive, supervisory, or similar functions fn connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEH##@IT OR COt$VER$!$A’I1~!$ No verbal agreement or convers&en with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. -10 - rev. 12/28/99 I’ ,. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shalt be effective on and from the day and year first written above. 25. The Ctty has determined, using the guidelines of the Pot9tk~l Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against &aims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a -11 - rev. 12/28/99 current Best’s Key Rating of not less than “A-Y’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General LiabilJty Jnsuranoe. $1 ,OOO,OOO combined single-limit per occurrexe for bodily injury, perwnal injury and property damage. If the submitted polioJ&a contz&~ aggregate IOmJts, general aggregate Iin& shall apply separately to t&e wark under this contract or the general aggregate shaJJ be twice the required per o@urrer@@ limit. 2. Automobile Liability (if the use of an automabiJe is Involved for Contractor’s work for the City). $1,080,000 combined single-limit per ac&Jent for bodily injury and property 6 3. Workers’ Compensation and EmpJoyer’s LiabiJJty. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per alrcident for bodily injury. 4. Professional LiabiMy. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $l,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. -12 - rev. 12/28/99 B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shiatf furnish certificates of insurance to the City before commencement of work. 3. The Contractor @MI! obt&n occurrenoe cov@rage, excluding Professional LiebMy WyIlch shall be written a~ c&&w+made average. 4. thb insurance shall be in force during the fife of the agreement and any extension &ereaf and shalt not be canceled without 30 days prior n notice to the City sent by certified mail. 5. tf the Contractor fails to maintain any of the insut%nce coverages required herein, then the City will h@ve the option to declare the Contractor in breach, or may purchase rephcement insurance or pay the premiums that are due on existing policies in order that the required covemges may be maintained. The Contractor is responsible for any payments m&de by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: -13- rev. 12128199 For City: For Contractor: Title Name Address Title Name Housing and Redevelopment Director Deborah K. Fountain 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Senior Vice President Henry Madrid roa Street, Suite 4895 Los Angsles, CA @O947 Contractor shalt obtain and maintain a city of Carlsbad Busines% license for the duration of the eontracf. This agreemem, together with any other written document referred to or contemplated her&n, along with the purchase order for this contmct ancl its provisions, embody the entire agreement and understanding between the par@% rekting to the subject matter hareof. in case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged exoept by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. rev. 12/28/99 -14 - . , Executed by Contractor this ’ J* day of 3&/y-1~,. ,200o. CONTRACTOR: ~ssocra ks, rik! ‘ (name of Contractor) n By: (sign here) (print name/title) CITY OF CARLgBAD AT-TEST: City Cierk (Proper notarM acknowfedgrnent of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offiir(s) signing to bind the corporation.) APPROVED AS TO FORM: rev. 12128199 -15 - : CALIFORNIA ALLPURPOSE State of CA;r---;- County of L .oc1 R-s A-s On Fcksau- 2, 2000 3 Date before me, %% e m . Name and We of Dfficer (e.g., “Jane Doe. Notary Public”) -J personally appeared (St-CL0 e p,,- , Name(s) of Signer(s) q personally known to me - OR -& ory evidence to be the persond bscribed to the within instrument me that-be@Mrey executed the authorized capacity(#), and that by @r$ on the instrument the person($), or the entity upon behalf of which the person 9 acted, executed the instrument. WITNESS my hand and official seal. L-b * c-2 SlImhue of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: b Q It VtaC--C- c!m\&.*~ L.k\ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual Cl Corporate Officer Title(s): q Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): Cl Partner - •! Limited 0 General q Attorney-in-Fact Cl Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1995 National Nolary Association * 8236 Remmet Ave., P.0. Box 7184 * Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 - EXHIBIT A III. METHODOLOGY APPROACH TO CONSULTANT SERVICES Although the RFP calls for two distinct consultant activities, KA proposes to work simultaneously on both components, utilizing the background and market data needed for the Master Plan as an economic framework for the Oak Avenue Reuse Study. In order to provide a reality check for the final Master Plan land uses, KA plans to complete the reuse feasibility study within the first three months. The Master Plan will be reviewed for consistency with the certified Environmental Impact Report for the 1995 Village Redevelopment Master Plan. It is KA’s intent to prepare a Master Plan that does not deviate from the maximum density standards assessed as part of the 1995 Village Redevelopment Master Plan’s compliance with CEQA. Should a subsequent environmental addendum be necessary, KA can work with City staff on process an addendum. The actual preparation of any subsequent environmental addendum for the Transportation Corridor Master Plan is not within the scope of this proposal. Task A. Establish Goals and Objectives Purpose: The purpose of this task is to review existing planning documents and meet with City staff and key representatives of appropriate agencies to identify the goals and objectives for the Transportation Corridor. Subtasks: 1. Meet with City staff to determine project goals and objectives 2. Analyze the 1995 Village Plan and Coastal Commission response to understand the issues, opportunities and constraints imposed by the documents on the redevelopment potential for the Transportation Corridor and adjacent areas. 3. Meet with North County Transit District officials to review their business plan for sale or lease of District owned property. Carlsbad Village Redevelopment Area RFP - III. METHODOLOGY Task B. Development Potentials Analysis Purpose: The purpose of this task is to ascertain the locational and physical site opportunities and constraints related to development within the Transportation Corridor and the Oak Avenue property. Subtasks: 1. 2. 3. 4. 5. 6. 7. 8. Review existing plans and site conditions within the Corridor. Evaluate the local and regional attributes of the Corridor and Oak Avenue site, and assess competitive factors of the location. Evaluate the characteristics of the Corridor with respect to adjacent uses, area physical conditions, controlling land uses, public improvements, and other physical conditions that may bear upon future development. Analyze the relevant physical site parameters of individual parcels, including parcel size, configuration, access, visibility, utilities, traffic counts, locational attributes, etc. Assess the nature of the existing transit station improvements, requirements, and opportunities for enhancement and related constraints. Research and identify the existence of any special benefit zones such as redevelopment project areas, in which the subject property is located. An assessment of the impact of such zones, plans, programs will be made. Research and identify existing legal, development, or funding agreements that may pertain and impact the development or use of the subject property. Identify relevant planning and development regulations that may impact the site’s development potentials including zoning, building regulations, entitlements, approval timeframes, etc. Determine the advantages of various planning and land use designations and the need to request discretionary changes. Conduct specific site area reconnaissance including planning and design issues- related mapping of the surrounding community patterns of existing and projected urban activity, existing conditions, with photo-documentation as needed. Site specific data collection will be integrated with local development context, land use and circulation, development opportunities and constraints within the Redevelopment Project Area. Carlsbad Village Redevelopment Area RFP Ill. METHODOLOGY Task C. Market Feasibility Analysis Purpose: The purpose of this task is to establish the market demand/supply parameters for the subject property. The real estate market operates in a dynamic supply/demand relationship. Market research is therefore intended to identify and measure these two components and determine the net amount of demand that may be absorbed within the market area for the projected future. The market study is usually the initial analytical assessment required to understand the potentials of a specific development project. Subtasks: 1. Establish the market trade area and conduct a windshield survey of competing properties and existing uses. 2. Collect relevant economic and real estate market data. 3. Determine local demand for office, retail and residential uses. 4. Identify existing commercial and residential project characteristics, including, square footage, vacany rates, market rents and recent sales prices. 5. Analyze supply and demand conditions to determine potential for new development. Carlsbad Village Redevelopment Area RFP i Ill. METHODOLOGY Task D. Community Input - Master Plan Purpose: The purpose of this task is to obtain community input and to ascertain the political and other conditions that may impact potential new development. Subtasks: I. Prepare summary of data collection and analysis findings from tasks A, B, and C. 2. Meet with the stakeholders, including elected officials, major property owners, community groups, and other associations or individuals that may have an interest in proposed development. 3. Incorporate community comments into draft Master Plan. Carlsbad Village Redevelopment Area RFP Ill. METHODOLOGY Task E. Oak Avenue Reuse Feasibility Analysis Purpose: The purpose of this task is to establish alternative development plans based upon the physical site parameters, land use constraints, political environment, and market potential analysis. Subtasks: 1. 2. 3. 4. 5. 6. 7. 8. Based upon the land use, and development regulations, determine permissible uses and establish the maximum development program permitted. Based upon physical site planning parameters, establish the optimum land use configuration, and conceptual site layout. Adjust the maximum conceptual development program on the basis of market demand/supply constraints. Ascertain the optimum development timing based market demand and supply considerations. Evaluate the alternative development potentials on the basis of highest financial return and provides the maximum public benefits in terms of transportation ridership maximization, desirable land uses, and fiscal revenues. Prepare conceptual site plan and elevation for selected alternatives. Prepare IO copies of draft Master Plan for review by City staff and appropriate agencies and interest groups. Incorporate comments into Final Master Plan document. Submit camera ready document and a corresponding computer disk. Prepare graphic materials/architectural renderings and present findings to Design Review Board and Redevelopment Commission. Carlsbad Village Redevelopment Area RFP Ill. METHODOLOGY Task F. Transportation Corridor Master Plan Purpose: The purpose of this task is to prepare the Transportation Corridor Master Plan for use by the City in seeking Coastal Commission approval. Subtasks: 1. Identify key Transit Oriented District (TOD) issues relative to establishment of land uses for the Carlsbad Village Transportation Corridor. Particular emphasis will focus on land use issues that are supportive of existing and projected transit operations, which are compatible with the surrounding area, and are consistent with the current overall vision and community expectations for the Village Redevelopment Area. 2. Evaluate relevant land use, urban design and planning data available from the Agency, including current and previous base data, prior critique(s) and analysis of previous plans, related reports and studies as identified by Agency staff and the respective City Departments of Planning and Engineering. Prepare a preliminary project-planning summary to provide a complete list, with relevant narrative as a basis for thorough understanding of the current and long-term issues affecting redevelopment of the Transportation corridor and adjacent properties. 3. Prepare the required Master Plan documentation, Site Design Plans, development guidelines, related thematic concepts, project maps of land use, circulation, physical development layout strategies, and development phasing. Provide supporting draft narrative and written text, area tabulations and analysis, and provide collateral graphic and visual presentation materials. Determine the extent of presentation/illustration requirements, such as color architectural renderings, in order to most effectively show project intent with each audience as directed by Agency staff. 4. Following Agency review and comment period, be responsible for production of the final, camera-ready Master Plan documents and corresponding computer disk (Windows and/or Mat) products. The final products will incorporate appropriate changes from the draft documents and relevant graphics in a format agreed upon the City staff. Carlsbad Village Redevelopment Area RFP a > I KOSMONT & ASSOCIATES~ INC, Real Estate 0 Entitlements * Economics a Redevelopment Corporate Resolution Kosmont & Associates, Inc. January I,2000 Be it hereby resolved that Susan E. Perry, Senior Vice President and Chief Operating Officer of Kosmont & Associates, Inc., is authorized to execute ments on behalf of the corporation which bind the D&/#hdu . Corporate President and Secretary Kosmont & Associates, Inc. 601 South Figueroa Street, Suite 4895 l Los Angeles, CA 90017 l Telephone (213) 623-8484 Fax (213) 623-8288