HomeMy WebLinkAbout1989-05-16; Housing & Redevelopment Commission; 126; Carlsbad Blvd. & Elm Ave. Streetscape Phase III .
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HOUSll ,,i&-J -+.,’ YG ANl-qEDEWELOPMENT COMMIS - ON - AGENDA 3
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MTG. 5/16/89 AWARD OF CONSTRUCTION OF THE CARLSBAD BOULEVARD AND ELM DEPT. RED/MP AVENUE STREETSCAPE, PHASE II . I RECOMMENDED ACTION:
Adopt Resolution No. 141 accepting bids and awarding a contract for construction of the Carlsbad Boulevard and Elm Avenue Streetscape Improvements, Phase II, Project No. 3288.
Adopt Resolution No. 142 awarding consultant agreements for construction engineering and landscape architecture.
I ITEM EXPLANATION:
On January 17, 1989, the Housing Redevelopment Commission approved the plans and specifications and' authorized advertisement of construction bids for Streetscape, Phase II. On March 15, 1989, the following four (4) bids were received:
William J. Kirchnavy Construction, Incorporated $1,691,981.02 Gateway Construction, Incorporated $1,778,0~0.00 T. B. Penick & Sons, Incorporated $1,781,759.30 L. R. Hubbard Construction, Incorporated $1,816,072.84
References have been verified on -the low bidder and staff recommends award of this contract to William J. Kirchnavy Construction, Incorporated. Construction swill begin after the May 7th Village Street Faire and continue through the rest of 1989.
Construction will begin on Carlsbad Boulevard at Pine Avenue and proceed northward to the State Street intersection near the Buena Vista Lagoon. The last segment to be constructed is Elm Avenue east of Carlsbad Boulevard to Washington Street. Improvements will also be made to the north side of Elm Avenue between Ocean Street and Carlsbad Boulevard. The majority of small businesses located in the work area are on the west side of Carlsbad Boulevard between Elm Avenue and Grand Avenue. On this block, the Contractor is obligated to work after 5:00 p.m. to minimize the disturbance to those businesses. Additionally, the Contractor is prohibited from removing the parking along the Army-Navy Academy's soccer field before Spring graduation.
Phase II of Streetscape includes major overlay reconstruction of the roadway on Carlsbad Boulevard from State Street southerly to Ocean Street and on Elm Avenue from Ocean Street to Washington Street. Construction will include new curbs, gutters, sidewalks, raised landscaped medians, ornamental and safety street lighting, substantial parkway landscaping, and an art entry exhibit at the corner of Carlsbad Boulevard and State -Street which will serve as an entry statement for the north end of downtown Carlsbad.
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i Page Two of Agenda Bill No. !uL
On February 21, 1989, the City Council approved Consultant Agreements for consultant inspection services from three (3) engineering firms. One (1) firm, CIA Engineering, Incorporated, has an inspector experienced in downtown redevelopment work who is available for the duration of the entire Streetscape program. This inspector will be assigned the responsibility of coordinating all field activities with the project contractors and utility companies. The total estimated costs for resident inspection services is $80,000 for the year long time frame anticipated to be required to complete Phases I and II as well as construction of the downtown parking lots.
Staff recommends award of the Streetscape, Phase II construction contract to William J. Kirchnavy Construction, Incorporated.
Also attached for the Commission's review and approval are two
(2) consultant agreements for construction engineering and landscape architecture services required during the construction phase of the projects from Austin-Hansen-Fehlman Group, Incorporated and Church Engineering, Incorporated. Staff recommends approval of these agreements.
ENVIRONMENTAL REVIEW:
The Planning Director issued a negative declaration for the entire Streetscape project on January 20, 1988, finding the Streetscape project was consistent with the implementation of the California Environmental Quality Act (CEQA) and the environmental protection ordinances of the City of Carlsbad. This negative declaration was subsequently certified by the Carlsbad City Council sitting as the Housing and Redevelopment Commission, on February 2, 1988.
COASTAL DEVELOPMENT PERMIT:
The California Coastal Commission has issued permit authority to the City of Carlsbad for all projects within the Carlsbad Redevelopment area. The Coastal Development Permit for the Streetscape project has been previously approved by the Housing and Redevelopment Commission on February 21, 1989.
PROPOSITION H REOUIREMENTS:
The multiphased Downtown Streetscape project is to be funded from proceeds of a completed tax allocation bond sale which represent a source of funds exempt from the City's Proposition H limitations regarding Capital facility construction in excess of $1,000,000.
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r ' Page Three of Agenda Bill No. QxQ
GENERAL PLAN CONSISTENCY:
The Planning Commission formally adopted Resolution No. 2696 on October 21, 1987 determining the Carlsbad Capital Improvement Program for the 1987-88 budget year, which included the Carlsbad Streetscape project, was in conformance with the City's General Plan.
FISCAL IMPACT:
Anticipated construction costs for the Streetscape, Phase II improvements are as follows:
Construction $1,691,981 Construction Contingencies (15%) 53,797 Design 160,000 Project Administration and Inspection 100,000 Construction Engineering and Landscape Architecture 75,000 Bid Documents and Utility Service 10,000
Total $2,290,778
The funding of the Streetscape Phase II construction project is part of the Tax Allocation Bond program which also includes the Senior Center and parking lot projects. The Finance Department's memo dated May 5, 1989 summarizes the present condition of the bond program and the ability of the Agency to fund the Streetscape construction as well as the other projects. Generally, the Finance Director has indicated that the Agency will have insufficient bond funds to support the fill cost of these three (3) projects. A shortfall of $560,000 is expected based on current cost estimates. There are currently sufficient funds to support the Streetscape Phase II program, however by taking this action the Council should be aware that the shortfall will affect the Elm Avenue portion of the Streetscape project.
EXHIBITS:
1. Location map.
2. Resolution No. P!L accepting bids and awarding a contract for construction of Streetscape, Phase II improvements, Project No. 3288.
3. Resolution No. approving two (2) consultant \Y s agreements for construction engineering and landscape architecture services.
4. Two (2) consultant agreements.
5. Memo dated May 5, 1989 from the Finance Director regarding Redevelopment Bond funds available for the Streetscape program.
i LOCATION MAP
NORTH EN1
VILLAGE AR
'RY
T FEATURE
BE IMPROVED
‘ROJECT NAME PROJECT # EXHIBIT
STREETSCAPE PHASE II 3288 1
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RESOLUTION NO. 141
RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF STREETSCAPE, PHASE II IMPROVEMENTS, PROJECT NO. 3288
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to advertise for the
construction of Streetscape, Phase II improvements; and
WHEREAS, four (4) sealed bids were received on January
17, 1989 for the project; and
WHEREAS, the low bid for the project was submitted by
William J. Kirchnavy Construction, Incorporated, in the amount
of $1,691,981.02.
NOW, THEREFORE, BE IT RESOLVED, by the Housing and
Redevelopment Commission of the City of Carlsbad, California as
follows:
1. That all above recitations are true and correct.
2. That the low bid submitted by William J. Kirchnavy
Construction, Incorporated, in the amount of $1,691,981.02 is
hereby accepted and the Chairman of
Redevelopment Commission and the City
authorized to execute a contract hereafter.
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the Housing and
Clerk are hereby
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3. That the Purchasing Officer is authorized to issue
a Purchase Order in the amount of $80,000 to CIA Engineering
for inspection services.
4. That the amount of $2,290,778 is hereby
appropriated into Account #an-820~1880-3288 for this
project. This amount replaces any previous appropriation for
Streetscape Phase II construction.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad Housing and Redevelopment Commission held the
16th day of &Y I 1989, by the following vote,
to wit:
AYES: Commissioners Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
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RESOLUTION NO. 142
RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TWO (2) CONSULTANT AGREEMENTS
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to advertise for the
construction of Streetscape, Phase II improvements; and
WHEREAS, continuing construction engineering and
landscape architecture services are required for said projects.
NOW, THEREFORE, BE IT RESOLVED, by the Housing and
Redevelopment Commission of the City of Carlsbad, California as
follows:
1. That all above recitations are true and correct.
2. That the Housing and Redevelopment Commission of the
City of Carlsbad does hereby approve consultant agreements with
the Austin-Hansen-Fehlman Group, Incorporated and Church
Engineering, Incorporated for continuing construction
engineering and landscape architecture services during said
projects and the Chairperson and City Clerk are hereby
authorized and directed to execute said agreements.
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3. That the City Clerk is directed to forward copies of
said executed agreements to the respective parties and the
Municipal Projects Department for their files.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission held the 16th day of
Mav I 1989, by the following vote, to wit:
AYES: Commission Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
~ ATTEST:
(SEAL)
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AGREEMENT FOR CONSULTING DESIGN SERVICES
AND LANDSCAPE ARCHITECTURE DURING TI-IE
CONSTRUCTION- OF THE CARLSBAD STREETSCAPE PROJECT
THIS AGREEMENT, made and entered into as of the 9th day of
MaYI 1989, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and Austin-
Hansen-Fehlman-Group, hereinafter referred to as "Consultant."
RECITALS
City requires the services of a design and landscape
architecture consultant to provide the necessary services for
the Carlsbad Streetscape Project, Phases I, II, III, IV and V;
and .
Consultant possesses the necessary skills and qualifications
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
1. CONSULTANT'S OBLIGATIONS
A. Consultant shall provide design and landscape
architecture services related to the Carlsbad
Streetscape Project, Phases I, II, III, IV, and V as
may be required by City during the course and scope of
construction of said project. Consultant shall be on
call and available to City to provide said services
under the general direction of the Municipal Projects
Department of the City. Under no circumstances
Consultant proceed with work under this agreement .
without the prior direction of City.
shall
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B. Act as liaison between the City, the Project
Contractor, and any other parties including materials
suppliers and manufacturers as may be required and
directed by City to perform the services set forth
herein.
C. Attend such meetings of public or private groups as may
be required in conjunction with the project.
D. Provide all personal transportation, equipment,
materials, supplies, and any other articles of work or
services required during the course of this agreement.
E. Provide any and all additional landscape architecture
services with other consultants or professional
personnel as may be required to accomplish the
objectives of said projects in accordance with the
terms and conditions of this agreement.
F. Maintain automobile, bodily injury, and property damage
general liability insurance covering owned, non-owned,
rented and hired automobiles and other vehicles, the
combined single limit for bodily injury and property
damage shall not be less than $300,000.
2. CITY OBLIGATIONS
Under the general direction of the Municipal Projects Department
and subject to the provisions of Section 12 of this agreement,
the City shall:
A. Set the specific tasks and responsibilities to be
accomplished by the Consultant in accordance with the
provisions of this agreement, using its best efforts to
consider the needs and the schedule of Consultant.
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B. Make available to Consultant all records, reports,
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correspondence, construction data and schedules, plans
and specifications, and any other documents deemed
necessary by Consultant to properly perform the
services required by the City.
PROGRESS AND COMPLETION
The work under this Contract will begin immediately after
receipt of notification to proceed by the City and continue until
such time as work under this agreement is completed as determined
by City. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City. In
consideration of such requests, the City will give allowance for
documented and substantiated unforeseeable and unavoidable delays
not caused by a 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
Fees to be paid to the Consultant shall be in accordance
with the hourly rates as provided herein. No other compensation
for services will be allowed except those items covered by
supplemental agreements per Paragraph 6, "Changes in Work.11 The
hourly rates for the duration of the work to be performed for
said project shall be as follows:
Assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16-37/hr Assistant 1 $16 Assistant 2 $24 Assistant 3 $32 Assistant 4 $37 Design Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31-58/hr Design Technician 1 $31 Design Technician 2 $37 . Design Technician 3 $46 Design Technician 4 $58
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Design Professional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $46-76/hr Design Professional 1 $46 Design Professional 2 $56 Design Professional 3 $64 Design Professional 4 $76
Project Director/Department Head . . . . . . . . . . . . . . . . . . . . . . $76-89/hr Project Director 1 $76 Project Director 2 $82 Project Director 3 $85 Project Director 4 $89
Vice President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85-llO/hr Vice President 1 $95 Vice President 2 $103 Vice President 3 $110
President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125/hr
Consultant shall be compensated for the reasonable and customary
reimbursables required to perform said services as provided
herein to include mileage, postage, document reproduction, and
related miscellaneous expenses. Said costs are to be billed at
the rate of 1.1 percent of actual costs and shall be submitted
with the regular monthly billings as provided herein subject to
the approval of City.
5. PAYMENT OF FEES
Payment of fees shall be made by City to Consultant upon
receipt and approval of monthly invoices.
6. CHANGES IN WORK
If, in the course of this Contract, 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 by Consultant to inform them of .
the proposed changes along with a statement of estimated changes
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in charges or time schedule. After reaching mutual agreement on
the proposal, a supplemental agreement shall be prepared by the
City and approved by the City Council. 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 City 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.
7. DESIGN STANDARDS
The Consultant shall prepare any additional required 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.
8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide 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 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,
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commission, percentage, brokerage fee, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
10. TERMINATION OF CONTRACT
In the event of 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 City. The City shall make a determination of
fact based upon the documents delivered to City of the percentage
of work which
worth to the
that finding
determine the
11. DISPUTES
the Consultant has performed which is usable and of
City in having the Contract completed. Based upon
as reported to the City Council, the Council shall
final payment of the Contract.
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 a 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 City. 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 City or principal receiving
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the letter 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 for
their resolution through the Office of the City Manager. The
City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall
be binding upon the parties involved, although nothing in this
procedure shall prohibit the parties seeking remedies available
to them at law.
12. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services for
the Carlsbad Streetscape projects, 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 a Landscape
Architect's registration number.
13. SUSPENSION OR TERMINATION OF SERVICES
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
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be made in compliance with the Code of Federal Regulations.
14. STATUS OF THE 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.
The Consultant is an independent contractor of the City.
The payment made to the Consultant pursuant to this contract
shall be the full and complete compensation to which the
Consultant is entitled. The City shall not make any Federal or
State tax withholdings on behalf of the Consultant. The City
shall not be required to pay any workers' compensation insurance
on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which the City
may be required to make on behalf of the Consultant or any
employee of the Consultant for work done under this agreement.
The Consultant 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 REOUIREMENTS
The Consultant shall cause all drawings and specifications
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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.
16. 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 to 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.
17. HOLD HARMLESS AGREEMENT
The City, its 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 claimed to have been
caused by, or resulting from, any intentional or negligent acts,
errors 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 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.
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la. 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.
19. 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
Consultant's 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.
20. 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
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behalf of the City to exercise any executive,
other similar functions in connection with the
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supervisory, or
performance of
this Contract shall become directly or indirectly interested
personally in this Contract or any part thereof.
21. VERBAL AGREEMENT 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 entitles the Consultant to any additional payment
whatsoever under the terms of this Contract.
22. SUCCESSORS OR ASSIGNS .
Subject to the provisions of Paragraph 17, "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.
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year
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with
the
EFFECTIVE DATE
This agreement shall be effective on and from the day and
first above written.
CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
the City Clerk of the City of Carlsbad in accordance with
requirements of the City of Carlsbad Conflict of Interest
Code.
25. INSURANCE
The Consultant shall obtain and maintain a policy of
liability insurance from an insurance company authorized to be in
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business in the State of California, in an insurable amount of
not less than one million dollars ($l,OOO,OOO). This insurance
shall be in force during the life of this agreement and shall
not be cancelled without ten (10) days prior notice to the City.
The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
Title
APPROVED AS TQ FORM: ATTESTED:
EXHIBIT 5 ’ .
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May 5, 1989
TO: CITY MANAGER
FROM: Finance Director
REDEVELOPMENT BOND FUNDS AVAILABLE FOR STREETSCAPE PROJECT
On May 14, 1989, the City Council will be considering awarding contracts for the downtown streetscape projects. This action will have a significant fiscal impact on the Redevelopment Bond Program and should be taken only with a full understanding of the issues. The following review of the program and its current status should allow the Council to make an informed decision.
The Council should be aware that the Agency will not have sufficient funds to complete the entire streetscape project from bond issue proceeds. As much as $560,000 (in 1989 dollars) may have to be funded from other sources or the scope of the ultimate project may have to be reduced.
Fundinu Capital Proiects
In April 1988 the Redevelopment Agency sold $12 million in Tax Allocation Bonds. The proceeds of these bonds were to be used to finance three major projects in the area: the Senior Center, the Elm and Carlsbad Blvd streetscape, and parking facilities.
When the bonds were sold the Agency received a total of $10.4 million in usable funds in two pieces. The first portion, totaling $6.4 million, was immediately available for use. The Agency was able to expend as much as necessary to meet current obligations. The second portion, totaling $3.95 million was placed in escrow to be transferred to the Agency when tax revenue grew to a level sufficient to pay the debt service costs. If funds remain in the escrow account at the end of the third year (April 1991), the trustee will call outstanding bonds in the amount of unused escrow funds.
As of this date the Council has approved two key projects funded from bond proceeds: the Senior Center and parking lot leases in the downtown area. In addition, the Council will be awarding contracts for Phases I and II of the streetscape program at the 5-14-89 meeting.
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I’ I 'As the table below shows, the bond program will have adequate funds to support these projects through completion.
City of Carlsbad
Redevelopment Agency
Tax Allocation Bond Program Projects
Project Costs Through 1989-90
Values in Millions
~~~~~~~~~~ Amount
Senior Center 3,500
Parking Program 950
Streetscape Phase I 750
Streetscape Phase II 2,200
Total Project Cost 7,400
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Direct Bond Proceeds
Escrow Funds Available lo/89
6,440
1,750
Total Funds Available 8,190
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""""'.'.'A.. ,.../.... ,.,.,.,. ,._._. ::.:::::::'::::::::~'.:.:::;:::::::::::::j;.:.: . . . . . . . . . i,i,:. .(,.(/,(, ..I.., .,.,,,._,.,.,.,.,.,.,.
N~~~~~,~ll~:~~~~~~~~~~~~~ :::::::::::::::::::::.: . . . . . . . . ../......_. . . ../................_........ ,.,..., ,,.......,.. 790
At the end of 1989-90 the Agency will have access to about $8.2 million with about $7.4 million obligated to projects.
Although the Agency is in good position to enter into the next phases of the streetscape program a conflict begins to appear between total project costs and the funds available. As shown below the total bond program will provide $10.4 million in funds, while the project costs are projected to total $10.95 million.
City of Carlsbad
Redevelopment Program
Tax Allocation Bond Program
Total Project Costs
Values in Millions ~~ .:.:.:.+: ._,. ~:,~.:.~~:.i:.:.:.:.~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .,.,.(.,., Amount ,.,.,..
Senior Center 3,500
Parking Program 950
Streetscape - All Phases 6,500
10,950
Total Bond Funds Available 10,390
I ,~~~~~~~~~~i~~~~~~~~ * :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .:.:.:. ~ ,.,.,.,,,.,., 560
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. I. I 'Based on this projection the streetscape program may fall as much as $560,000 short. The cash flow estimates show that by January 1991 the agency will have expended all available bond funds. Prior to that date the City/Agency will have to elect to reduce the scope of the project or to advance funds to allow completion of the project as planned.
Withdrawal of Escrowed Bonds
The Agency's ability to withdraw funds from escrow is a central element in the cash flow projections. Without a significant cash inflow into the project funds in 1989-90 the City would be required to halt construction on major projects or to advance funds to fill in the cash flow gap until escrowed funds could be accessed in 1991.
The staff recently conducted a detailed review of the county's records to verify the amount of tax allocation revenues the Agency will receive in 1989-90. According to the review the total tax revenue to the agency will be about $1.33 million. This figure compares favorably with the estimates prepared by the economic consultant, Katz Hollis, used to support the feasibility of the bond issue. As shown below, the current estimate falls just short of the Katz Hollis estimate.
City of Carlsbad
Redevelopment Program
Projected Tax Allocation Revenue
Values in Millions
Year
1988-89
1989-90
Per Katz Current Increase
Hollis Estimate (Decrease)
1.12 1.12 0.00
1.35 1.33 (0.02)
If this revenue level is verified by the county Auditor and Controller in August, the agency will be able to withdraw between $1.750 and $2.0 million from escrow on October 15, 1989. This level is sufficient to allow the Council to proceed with the Streetscape Program Phases I & II without danger of experiencing a negative cash position in the bond program through 1989-90.
Summary
As shown above, the Council should be aware of the financial issues surrounding the bond program. The funding program should be
adjusted to reflect the Agency's ability to fund projects from bond proceeds. Although the senior center and parking lot plans can be fully funded, additional resources will be necessary to support the streetscape project.
Additional data is available on this subject is available if you would like to review cash flow projections or other issues.
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AGREEMENT FOR CONSULTING ENGINEERING SERVICES
DURING THE CONSTRUCTION OF THE
CARLSBAD STREETSCAPE PROJECT
THIS AGREEMENT, made and entered into as of the 9th day of
May, 1989, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as 'ICity," and Church
Engineering, hereinafter referred to as '@Consultant.l'
RECITALS
City requires the services of a civil engineering consultant
to provide the necessary engineering services for the Carlsbad
Streetscape Project, Phases I, II, III, IV and V; and
Consultant possesses the necessary skills and qualifications
to provide the services required by the City.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
1. CONSULTANT'S OBLIGATIONS
A. Consultant shall provide civil engineering services
related to the Carlsbad Streetscape Project, Phases I,
II, III, IV, and V as may be required by City during
the course and scope of construction of said project.
Consultant shall be on call and available to City to
provide said services under the general direction of
the Municipal Projects Department of the City. Under
no circumstances shall Consultant proceed with work
under this agreement without the prior direction of
City.
B. Act as liaison between the
Contractor, and any other parties
City, the Project
including materials
C.
D.
E.
F.
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suppliers and manufacturers as may be required and
directed by City to perform the services set forth
herein.
Attend such meetings of public or private groups as may
be required in conjunction with the project.
Provide all personal transportation, equipment,
materials, supplies, and any other articles of work or
services required during the course of this agreement.
Provide any and all additional engineering services
with other consultants or professional personnel as may
be required to accomplish the objectives of said
projects in accordance with the terms and conditions of
this agreement.
Maintain automobile, bodily injury, and property damage
general liability insurance covering owned, non-owned,
rented and hired automobiles and other vehicles, the
combined single limit for bodily injury and property
damage shall not be less than $300,000.
2. CITY OBLIGATIONS
Under the general direction of the Municipal Projects Department
and subject to the provisions of Section 12 of this agreement,
the City shall:
A. Set the specific tasks and responsibilities to be
accomplished by the Consultant in accordance with the
provisions of this agreement, using its best efforts to
consider the needs and the schedule of Consultant.
B. Make available to Consultant all records, reports,
correspondence, construction data and schedules, plans
and specifications, and any other documents deemed
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necessary by Consultant to properly perform the
services required by the City.
3. PROGRESS AND COMPLETION
The work under this Contract will begin immediately after
receipt of notification to proceed by the City and continue until
such time as work under this agreement is completed as determined
by City. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City. In
consideration of such requests, the City will give allowance for
documented and substantiated unforeseeable and unavoidable delays
not caused by a 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
Fees to be paid to the Consultant shall be in accordance
with the hourly rates as provided herein. No other compensation
for services will be allowed except those items covered by
supplemental agreements per Paragraph 6, t'Changes in W0rk.l' The
hourly rates for the duration of the work to be performed for
said project shall be as follows:
Office Engineering: Field Engineering: $ 60.00 per hour $ 120.00 per hour for 2 man crew $ 80.00 per hour for 1 man survey crew $ 60.00 per hour for office personnel on the site
Computer time is charged at $15.00 per hour of use.
5. PAYMENT OF FEES
Payment of fees shall be made by City to Consultant upon
receipt and approval of monthly invoices.
6. CHANGES IN WORK
If, in the course of this Contract, changes seem merited by
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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 by Consultant to inform them of
the proposed changes along with a statement of estimated changes
in charges or time schedule. After reaching mutual agreement on
the proposal, a supplemental agreement shall be prepared by the
City and approved by the City Council. 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 City who will
inform a principal of the ConsultantIs firm of the necessity of
such action and follow up with a supplemental agreement covering
such work.
7. DESIGN STANDARDS
The Consultant shall prepare any additional required plans
and specifications in accordance with the engineering 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.
8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide 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 bona fide employee, any fee, commission,
.
I b,.
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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 fee, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
10. TERMINATION OF CONTRACT
In the event of 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 City. The City 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
worth to the City in having the Contract completed. Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the Contract.
11. 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 a part of a dispute among persons operating
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under the provisions of this Contract, shall be reduced to
writing by the principal of the Consultant or the City. 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 City or principal receiving
the letter 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 for
their resolution through the Office of the City Manager. The
City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall
be binding upon the parties involved, although nothing in this
procedure shall prohibit the parties seeking remedies available
to them at law.
12. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services for
the Carlsbad Streetscape projects, and any payments made to
Consultant are compensation solely for such services. Consultant
shall certify as to the correctness of all engineering services
and sign all plans, specifications, and estimates furnished with
Registered Civil Engineer's number, (or Landscape Architect's
registration number.)
13. SUSPENSION OR TERMINATION OF SERVICES
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
. . . .’ .
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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.
14. STATUS OF THE 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.
The Consultant is an independent contractor of the City.
The payment made to the Consultant pursuant to this contract
shall be the full and complete compensation to which the
Consultant is entitled. The City shall not make any Federal or
State tax withholdings on behalf of the Consultant. The City
shall not be required to pay any workers' compensation insurance
on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which the City
may be required to make on behalf of the Consultant or any
employee of the Consultant for work done under this agreement.
The Consultant 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,
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subcontractors and consultants that are included in this
agreement.
15. CONFORMITY TO LEGAL REOUIREMENTS
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.
16. 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 to 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.
17. HOLD HARMLESS AGREEMENT
The City, its 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 claimed to have been
caused by, or resulting from, any intentional or negligent acts,
errors 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 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
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on account of any of the foregoing liabilities, including
liabilities or claims by reason of alleged defects in any plans
and specifications.
18. 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.
19. 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
Consultant's 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.
20. 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.
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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.
21. VERBAL AGREEMENT 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 entitles the Consultant to any additional payment
whatsoever under the terms of this Contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "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.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
24. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of Carlsbad in accordance with
the requirements of the City of Carlsbad Conflict of Interest
Code.
25. INSURANCE
The Consultant shall obtain and maintain a policy of
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liability insurance from an insurance company authorized to be in
business in the State of California, in an insurable amount of
not less than one million dollars ($l,OOO,OOO). This insurance
shall be in force during the life of this agreement and shall
not be cancelled without ten (10) days prior notice to the City.
The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CHURCH ENGINEERING
APPROVED AS TO.FORM: ATTESTED:
Li-LLRQ+ City Clerk