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HomeMy WebLinkAbout1987-01-20; Housing & Redevelopment Commission; 76; Streetscape Design for Elm Ave. & Carlsbad Blvd.L .’ . * .’ HOUSI NG ANF- ‘?DEVELOPMENT COMMIS!-- N I LB# 76 TITLE: SELECTION OF CONSULTANT TO AT& l/TI’f?!B7 COMPLETE STREETSCAPE DESIGN FOR IEPT. RED ELM AVENUE AND CARLSBAD BLVD. AGENDA BILL RECOMMENDED ACTION: If Housing and Redevelopment Commission concurs your action is to adopt Resolution No.=, selecting the firm of Austin/Hansen to complete a Streetscape Design for Elm Avenue and Carlsbad Blvd. ITEM EXPLANATION: On July 15, 1986, the Housing and Redevelopment Commission authorized staff to solicit proposals for the completion of a streetscape design for Elm Avenue and Carlsbad Blvd. in the Redevelopment Area. Estimated cost for the design was approximately $100,000. Proposals have been received and ranked. The top three companies were selected for final consideration. These companies with cost estimates are as follows: The Pekarek Group $141,400-$270,300 Austin/Hansen $198,895 P.O.D. Inc. $162,500 A Committee consisting of Council Member Kulchin, Design Review Board Chairperson, Housing and Redevelopment Advisory Committee Chairperson, Community Development Director, Downtown Merchants Association Chairperson and representative from the Chamber of Commerce met with respective companies. After thorough consideration, the Committee recommends Austin/Hansen be retained to prepare the streetscape design at a cost of $198,895. Because this design contract is related to the experience and expertise of the bidder and is not quantifiable in time and i-,~~teria.i~ i thti selection commitkc<:'could not rely 'soley on cost as a basis for their selection. Payment for the design will come from the Redevelopment Agency fund balance. PAGE -2- AGENDA BILL NO. 76 - FISCAL IMPACT: This project may be funded through a transfer of surplus appropriations from the Carlsbad Storm Drain Project. This transfer should be in the amount of $198,895. The total cost of this project will be approximately $2 .4 million. Funding of the remainder of this project will require the issuance of Tax Increment Bonds. EXHIBITS : l- Resolution No. 081, selecting Austin/Hansen to prepare Streetscape Design for Elm Avenue and Carlsbad Boulevard in the Redevelopment Area. 2 - Agreement for Streetscape Design - Scope of Work 3- Location Map 2 1 ’ L 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 -- RESOLUTION NO. 081 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SELECTING A CONSULTANT FOR THE COMPLETION OF A STREETSCAPE DESIGN FOR ELM AVENUE AND CARLSBAD BOULEVARD INTHF, REDEVELOPMENT AREA. WHEREAS, the Housing and Redevelopment Commission desires to have a streetscape design for Elm Avenue and Carlsbad Boulevard in the Redevelopment Area; and WHEREAS, proposals for this study have been solicited and reviewed; and WHEREAS, funds for the study in the amount of $198,895 are available in the Redevelopment Agency Fund Balance. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Commission of the City of Carlsbad, California, hereby selected Austin/Hansen to prepare a streetscape design for Elm Avenue and Carlsbad Boulevard in the Redevelopment Area at a cost of $198,895 and that the transfer of $198,895 from the Carlsbad Stormdrain account to this project is hereby approved. //// //// //// //// //// //// //// I/// //// //// 3 ? ’ I II - . 1 PASSED, APPROVED AND ADOPTED at a special meeting of 2 the Housing and Redevelopment Commission of the City of 3 Carlsbad, held on the 27th day of January, 1987, by the 4 following vote, to wit: 5 II AYES: Commissioners Lewis, Kulchin, Pettine and Mamaux 6 NOES: None 7 ABSTAIN: None a ABSENT: 9 10 ATTEST: 13 ALETHAB RAUTENKRANZ, City\Clerk 14 15 16 17 la 19 I 20 21 22 23 24 25 26 27 28 (SEAL) ///I ///I ///I ///I H’l-I’HLllludlY J. 3 LOCATION MAP SCOPE OF PROJECT *, I : ‘) ., ‘, ,. ..,’ , “, rr id ti 3MG 7-i aJ t4 bou El wu medal - - ATTACHMENT 2 AGREEMENT FOR STREETSCAPE DESIGN THIS AGREEMENT, made and entered into as of the day of I19- a municipal corporatio;, by and between the CITY OF CARLSBAD, hereinafter referred to as "CITY"', and AUSTIN/HANSEN FEHLMAN, hereinafter referred to as "CONSULTANT". RECITALS CITY requires the services of CONSULTANT to provide the necessary documents for design of street reconstruction along the following streets: - Elm Avenue from Pio Pica to the ocean - Carlsbad Boulevard most northerly end to Tamarack Avenue from Buena Vista Lagoon south to Walnut Avenue: and 8 Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW THEREFORE, in consideration of mutual covenants contained herein, as follows: these recitals and the City and Consultant agree 1. CONSULTANT'S OBLIGATIONS To prepare plans and specifications for the Downtown Street Improvements according to the following Scope of Work and all City of Carlsbad applicable policies. Scope of Work will include preparation of plans and specifications for construction of street improvements that will consist of but not be limited to the following items: Complete reconstruction of the roadway, curb and gutter, and sidewalks, if necessary. Specialized decorative paving or materials will be utilized on the sidewalks. Modification of street intersections to utilize decorative paving within the crosswalks and the use of bollards at each of the corners. Low level street lighting of a special Village Design to replace l*cobra head" lighting. Revisions to the existing landscaping along Carlsbad Boulevard and Elm Avenue. Inclusion of public facilities into a dowtown improvement scheme, which may include, but is not limited to the following: it: Street benches Trash receptacles 2 Concrete barrels for flower plantings Bicycle racks e. Iron grating for street tree wells f. Entry statements at north, south and east appropriate locations The services will include the architectural and engineering requireents necessary to prepare plans, specifications and cost estimate for the subject project. These services shall also include all planning functions and necessry topographical surveying to accomplish said work. All street improvement plans will be in ink onlinen or mylar at a minimum scale of 1" =20'. Cross-sections will be reauired at a minimum interval of 25 foot stations or as dictated by the geometric layout of the street system. I The specifications shall consist of the special provisions section only. The special provisions shall be per Cuty format wherein each bid item has a specification. The City will provide the remainder of the specification package. The Consultant my be required to provide for a presentation to a citizen task force group and/or City Council of the conceptual design of the project. 2. CITY OBLIGATIONS The City shall provide the consultant with assistance, guidance and access to City material, plus any information as available and necessary. The City will furnish all soils investigation data for the asphaltic concrete pavement and all required copies of the completed plans, specifications and bid documents. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time frame determined appropriate by CONSULTANT and HOUSING AND REDEVELOPMENT MANAGER. Extensions of time may be granted if required by the Consultant and 2 agreed to in writing by the Housing and Redevelopment Manager. In consideration of such requests, the Housing and Redevelopment Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, Payment of Fees, shall be $198,895 (See Attachment I). Reimbursable costs are in addition to the Base Fee Compensation and are as follows: a) Reproduction and blueprint costs as ordered by the owner. b) Soil or engineering tests or surveys. cl Probable cost estimates or bidding the work. d) Job-site observation during construction. e) Construction Record drawings, which would follow the completion of the construction work. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, Changes in Work. 5. PAYMENT OF FEES Payment of fees shall be upon monthly basis as work progresses and according to billing which includes a brief description of work completed during the month. 6. FINAL SUBMISSIONS Within ten (10) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: A. Original mylars at scale of the drawings reproducible on standard 24l*~36~~ sheets. Blank mylars will be provided by the City. B. All final engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer and/or Registered Architect, as appropriate. 3 C- / 7. CHANGES IN WORE If, in the course of this contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change 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 or Consultant to inform them of the propose changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agrement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council or City Manager, as appropriate. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Housing and Redevelopment Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. DESIGN STANDARDS The consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and regional standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. The Secretary of Interior's Standards for Historic Preservation Projects and Section 104(F) of the Uniform Building Code shall apply. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making 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 4 - from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the eventof the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Housing and Redevelopment Manager. The Housing and Redevelopment Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of work to the City in having the contract completed. Based upon that finding as reported to the City Council,or '. City Manager, as appropriate, the Council/City Manager shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement, between parties. Such questions, if they become identified as part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the Housing and Redevelopment Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Housing and Redevelopment Manager shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council or City Manager for their 5 resolution through the Office of the City'Manager. The City Council or City Manager, as appropriate, may then opt to consider the directed solution to the problem. In such cases, the action of the City Council or City Manager, as appropriate, shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of completion of Streetscape Desiqn for Elm Avenue and Carlsbad Boulevard and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications and estimates furnished with Registered Civil Engineer's number, .or architect's registration number. 14. SUSPENSION OR TERMINATION OF SERVICES 1 This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant 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 consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 15. STATUS OF TBE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 16. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant 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. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which 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. Consultant shall have the right to make one (1) copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any-act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 7 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of ConsultantIs subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in ,, this contract or any part thereof. 22. VERBAL AGREEXENT OR CONVERSATION No verbal agreement or conversation 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 such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. '. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure 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 shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. BY 1 HOUSING & REDEVELOPMENT COMMISSION Title APPROVED AS TO FORM: ATTESTED: City Clerk 5 3 .’ . - ATTAC~IMENT I BASE BID I GPMQ& PHASE I: Organlzatlon and Needs Assessment PHASE II: Schemattc Design Development PHASE tli: Preparation of Concept Destgn Plan and Cost Opinion PHASE IV: Flnalize Concept Design Plan/Program PHASE V: Civil Engineering and Streetsc8pe Design Effort $154,525 TOTik BASE BID FEE If cross sections @ SO-foot intervals ln lieu of 2%foot intervals, as called for in the Request for Preposal: Survey Plotting, 200 x 1 x $60 $8,400 $13,485 $13,485 $9,000 $44,370 $154,525 l $198,895 $2,790 %r2.000 $14,790 “NQLE.. 1. The fee does not include plans/studies for modifications to the existing storm drain system. 2. Detailed traffic studies requiring the services of 8 traffic engineer are not included i% part of the scope of services or fee. 3. Site ObSWV8tfOn 8nd monitoring Of Str&!Xape ConStrUCtiOn work iS not inClU&?d as part Of the fee. 4. Graphtc reproduction fees for tasks one through four and three submittals of three construction drawing sets each during task five have been Included In the individual task fees. Reproduction costs for the flnal report are not included in the cost estimate. The cost estfmate provides for dellvery of camera ready art work to the responsible agency.