HomeMy WebLinkAbout1993-03-16; Housing & Redevelopment Commission; 227; Streetscape Phase V Action Plan Approval-EDEVELOPMENT COMMlSr -
STREETSCAPEPHASEV
ACTION PLAN APPROVAL
RECOMMENDED ACTION:
Housing and Redevelopment Commission approval of Resolution No. to A-a.3
proceed with final design and construction of the Streetscape Phase V project, including
the following:
1.
2.
Construction to begin in September of 1993.
Project to be constructed in stages. Stage I to incorporate a detour of
westbound Carlsbad Village Drive traffic to both Grand Avenue and Oak
Street.
3. Approval of design contract with Nieto Consulting Engineers to revise and
finalize construction documents.
4. Instruct staff to form a Village Merchants Subcommittee for Streetscape
Phase V to establish a public information and signing program to direct
shoppers during construction and to review the ongoing construction
program.
5. Instruct staff to include signalization of Carlsbad Village Drive and Madison
Street intersection within the project.
ITEM EXPLANATION:
On December 15, 1992 the Commission directed staff to meet with local merchants and
the public to review the Streetscape Phase V project and proposed construction staging,
detours and timing. Staff recently completed that process which involved the following
meetings.
l Commission Presentation December 15, 1992
0 Village Merchants Association January 12, 1993
0 Advertised Public Meeting January 14, 1993
0 Open Houses January 18 and 21, 1993
0 Traffic Safety Commission Meeting February 1, 1993 0 Chamber Legislative Committee February 3, 1993
l Public Presentation Updating Survey Results February 11, 1993
l Parks and Recreation Commission February 22, 1993
l Northeast Quadrant Meeting February 23, 1993
In addition to the formal meetings, businesses along Carlsbad Village Drive, Grand
Avenue and State Street were individually contacted and numerous mailings, press
releases, notices and brochures were distributed.
Throughout this process a survey form was distributed seeking comments and direction
from the public. The two specific issues polled were the time of year for construction and
whether or not to implement the proposed detour of westbound Carlsbad Village Drive
traffic during the Stage 1 construction. The attached Exhibit B contains a sample
questionnaire and summarizes the results of this survey. Several of the more common
questions raised during the public review process are included as Exhibit C.
PAGE TWO OF AB# a a?
Over two-thirds of those returning survey forms supported the staff recommended
program which calls for a detour and for construction to begin in late September of 1993.
Under the proposed program the eight month construction program will extend from
September 1993 to May of 1994, assuming no significant weather delays. Winter weather
conditions cannot be predicted and could extend the project completion dates.
The construction program will be phased from west to east in three stages, Major
construction west of Roosevelt Street should be completed within the first four months
of construction. During this period no work would occur east of Harding Street fronting
the Poinsettia Plaza “Big Bear” shopping center.
The detour stage will only be in effect for an estimated 12 week period. This short
duration will allow for storm drain construction and completion of the enhanced
crosswalks.
A detailed description of the project and proposed staging are included as Exhibit A
attached.
MAJOR ISSUES
Four major issues were raised during the public review process:
Issue
Response
Issue
Response
Issue
Response
Why do the project? Other priorities should be addressed. This
project should be redesigned to incorporate drainage, traffic
signals and other traffic safety features only.
It was explained that the purpose of the outreach program was not
to redesign the project but to deal with the timing and construction
logistics. There does however, appear to be opposition to the
project which will be presented at the Council meeting.
This is a poor time to begin construction. City should wait for a
healthier economic climate. Construction will cause some
businesses to fail.
There were people on both sides of the issue. Many people felt
that it would be better to do the project now when the impact will
be the least rather than wait until business is good.
The project should incorporate a traffic signal at Madison Street.
A large number of people objected to the proposed “pork chop”
island at Madison Street and recommended that it be replaced with
a traffic signal. The Traffic Engineer has reanalyzed the traffic
impacts of various alternatives and concluded that a traffic signal
at this location will better serve the overall needs of the community.
Design of the new traffic signal has been included in the proposed
design contract. The Traffic Engineer’s memorandum is attached
as Exhibit D.
-
PAGE THREE OF AB# a&?
Issue Concern was raised as to the need for an ongoing communication
program.
Response Staff concurs in this need and recommends that Council establish
a Village Merchants Subcommittee to work with the Housing and
Redevelopment and Engineering Departments in communication
and coordination throughout final design and construction. This will
help continue the positive communication program begun over the
past two months. Staff would seek applications to submit to the
Mayor to select a seven person committee.
STATUS OF RIGHT OF WAY ACQUISITION
The proposed project includes provisions, at Carlsbad Village Drive and Harding Street
to accommodate some U-turn movements. Implementation of the U-turn provisions
requires the acquisition of triangular portions of six different parcels of land. Four parcels
of land have been acquired to date. Parcels outstanding are the Carl’s Jr. frontage and
Desert Petroleum frontage located at the northeast corner of Carlsbad Village Drive and
Harding Street.
Neither parcel owner is cooperating with the City at this time. Staff has therefore initiated
the process required to condemn these parcels. This process includes: appraisals, a
cash offer, public hearing and potential court action. An appraiser, acquisition agent and
legal counsel have been retained and the appraisal is being prepared. Subsequent
actions will proceed in the next few months to insure that construction will not be delayed.
STATUS OF PLANS, SPECIFICATIONS AND ESTIMATES
Attached for Commission action is a design contract with Nieto Consulting Engineers, Inc.
to complete design plans in conformance with the proposed construction program and
revision approved at the December 15, 1993 City Council meeting. The authorized
changes reduced overall construction costs by more than $600,000. The design revision
and addition of the Madison Street traffic signal reduce those savings to over $400,000.
The proposed design contract requires plans and specifications be complete by early
May of 1993 to meet the September construction date.
FISCAL IMPACT:
A detailed cost estimate has not been prepared since the project was revised. However,
if the deleted elements of the project are deducted and the costs associated with design
changes, right of way costs, the additional traffic signal at Madison Street, the
construction engineering and contingency costs are added, the estimated cost would be
approximately $2,700,000.
C
PAGE FOUR OF AB# aa?
Funds are available in the 1992-93 Capital Improvement Program as follows:
ITEM
Streetscape Phase V
FUNDING SOURCE
Redevelopment Bond Fund
AMOUNT ’
$2,370,208
Traffic Signal Interconnect I PFF I 115,000
Carlsbad Village
Drive/Jefferson Street Signal
PFF
I
100,000
Carlsbad Village
Drive/Roosevelt Signal
PFF
I
100,000
Carlsbad Village Drive Storm
Drain
Redevelopment Funds 500,000
$3,18@~:::~:;::
:..: :.:... ;. $2;7~o$(iQ . : j
Projected annual median maintenance costs are $12,000 for landscaping and $4,000 for
street lighting. Funds for maintenance will be included in the Landscape and Lighting
District which is predicted to increase by 5% for landscaping and approximately 8% per
year for the lighting district. Annual signal maintenance cost will increase by $5,000 per
signal or a total of $15,000 per year for the proposed new signals.
Approval of the design constract with Nieto Consulting Engineers, Inc. will encumber an
additional $80,195 from the project account.
The Austin Hansen Group will review the redesigned plan under existing purchase order.
Cost for these services are not expected to exceed $10,000.
A.
B.
C.
D.
E.
F.
Project Description and Construction Staging Plan.
Survey Questionnaire and Results.
Streetscape Phase V - Questions and Answers.
Memo from Traffic En ineer on Madison Street Signalization dated March 1, 1993.
Resolution No. 213 .
Design Contract with Nieto Consulting Engineers, Inc.
C -
EXHIBIT A
STREETSCAPE PHASE V - PROJECT DESCRIPTION
Streetscape Phase V is the final project to implement the Downtown Enhancement Program that
was approved by the City Council in late 1987. This portion of the project completes
construction of the Carlsbad Village Drive portion of the project from Washington Street to Pio
Pica Drive. Key features of the project include:
1. Raised landscaped median islands from State Street to Pio Pica Drive.
2. Installation of traffic signals on Carlsbad Village Drive at Jefferson, Madison, Roosevelt
Streets. Modification to signals at State and Harding Streets. Signals will be
interconnected.
3. Carlsbad Village Drive will be widened at Harding Street to accommodate some U-turn
movements.
4. A storm drain will be installed in Carlsbad Village Drive from State Street to Jefferson
Street.
5. Special street design features include:
. Replacement planting with Magnolia Street trees and palm trees. Existing trees
will be maintained fronting Poinsettia Plaza.
. Replacement of street lights with gas lamp style lighting fixtures.
. Replacement sidewalks incorporating a patterned concrete system with a two-foot
brick paving. edge adjacent to the curb.
. Special paver crosswalks are proposed for the intersections at State Street and
Roosevelt Street.
STREETSCAPE PHASE V - PROPOSED CONSTRUCTION STAGING PLAN
STAGE 1 - 16 WEEKS (LAST 4 WEEKS OVERLAP WITH STAGE II)
Intent:
Completion of all improvements on Carlsbad Village Drive from Washington Street
through the Roosevelt Street intersection as early in the project as possible and still allow
the contractor sufficient working area to maintain reasonable production. Generally,
construction to proceed from west to east. All concrete removals and replacement on
north and south sides of Carlsbad Village Drive between State Street and Roosevelt Street
shall be accomplished after regular business hours. Temporary pedestrian access to
businesses shall be maintained at all times.
Page:1 of 4
EXHIBIT A
City to pay contractor $1,000 per calendar day for early completion of work required in the 12
week detour phase of Stage I. Contractor to be assessed $1,000 per calendar day as liquidated
damages for each day in excess of the 12 week detour of Stage I in which required work is not
complete.
Traffic:
Carlsbad Village Drive will be closed to westbound traffic from Jefferson Street to
Washington Street and will be detoured to Grand Avenue and Oak Street for a 12 week
period. During this detour one eastbound lane will be maintained on Carlsbad Village
Drive. Eastbound left turn pockets on Carlsbad Village Drive at Madison Street, Jefferson
Street, and Harding Street to be reopened as median curb and slot paving is completed.
The detour will allow for only one way southbound traffic on State Street between Grand
Avenue and Carlsbad Village Drive. Upon completion of the storm drain and intersections
at State and Roosevelt, one westbound lane on Carlsbad Village Drive will be reopened
to traffic and two way traffic restored on north/south streets.
Construction Svnopsis:
b Storm drain installed from Railroad to Jefferson Street b Median Islands constructed from State Street to Jefferson Street b Intersections constructed at State Street and Roosevelt Street b Street lighting, traffic signal, and irrigation undergrounding installed. b Curb, gutter, sidewalk, and pavers constructed/installed on north and south sides
of Carlsbad Village Drive from Washington Street to Roosevelt Street and on the
north side to Jefferson Street.
b Signal construction on Carlsbad Village Drive at State Street and Roosevelt Street
to be complete and operating by end of Grand Avenue detour.
Construction Phasinq:
1) Construct storm drain including laterals and structures starting at Railroad tracks
and ending at Jefferson Street.
2) Start median island asphalt removals and follow with north curb/gutter and
sidewalk concrete removals at Roosevelt Street concurrent with start of storm
drain work and proceed to Jefferson Street. Median island asphalt removals to
precede north side concrete removals on a block by block basis.
31 Immediately after storm drain work clears State Street, start concrete removals on
north side between Washington Street and Roosevelt Street and median island
between State Street and Roosevelt Street. Removal of concrete on south side
between Washington Street and Roosevelt Street shall be done immediately after
installation of median curb between State Street and Roosevelt Street.
4 Intersection removals at State Street and Roosevelt Street will commence as storm
drain work clears State Street. Complete 3/4 intersection restoration of concrete
and paver improvements at State Street and Roosevelt Street within 8 weeks of
start of storm drain work and complete the remaining l/4 of intersection within an
additional 4 weeks.
Page:2 of 4
EXHIBIT A
5)
6)
7)
8)
9)
Construct north curb/gutter and median curb between Washington Street and
Roosevelt Street. Immediately upon completion of median curb between State
Street and Roosevelt Street remove south side concrete between Washington
Street and Roosevelt Street and construct south curb and gutter. Construct
remaining north curb and gutter and median curb to Jefferson Street upon
completion of curbing between Washington Street and Roosevelt Street. Median
curb east of Roosevelt Street to be constructed prior to north curb and gutter
when feasible.
Install future traffic signal detector loops and overlay north and south sides of
Carlsbad Village Drive from west project limit through Roosevelt Street intersection
immediately upon completion of Roosevelt Street intersection concrete.
Install street light, traffic signal, and irrigation undergrounding immediately after
curbing between Washington Street and Roosevelt Street and then continue same
on north side and median to Harding Street.
Construct crosswalk and install pavers on north and south sides of Carlsbad
Village Drive between Washington Street and Roosevelt Street and then proceed
with crosswalk and pavers on north side to Jefferson Street.
Install irrigation and landscape on north and south sides and median between
Washington Street and Roosevelt Street and then continue to proceed with north
side and median installation to Jefferson Street.
STAGE II - 4 WEEKS (OVERLAPS WITH STAGE I)
Traffic:
One lane in each direction must be maintained on Carlsbad Village Drive at all
times.
Construction Svnopsis:
b Construction of median island improvements between Jefferson Street and
Pio Pica Drive. This stage will begin when westbound traffic is restored to
Carlsbad Village Drive.
b Complete traffic signals at Madison Street and Jefferson Street.
b Complete south side improvement from Roosevelt Street to Jefferson
Street.
Page:3 of 4
EXHIBIT A
Traffic:
One lane of traffic in each direction shall be maintained at all times on Carlsbad Village
Drive.
Construction Svnopsis:
b Construct remaining north and south side improvements including asphalt overlay
and final signing and striping. This stage begins upon completion of all median
island landscaping. Remaining north side improvements to be started first.
Page:4 of 4
EXHIBIT B
STREETSCAPE ,PHASE V
CONSTRUCTION SURVEY
MARCH $1993
RESPONSES RECEIVED: 126
SEPTEMBER
CONSTRUCTION: ( CONSTRUCTION:
NO PREFERENCE OF DATE: 3
DETOUR:
YES: 70 NO: 45
NO PREFERENCE ON DETOUR: 2
NO CHOICE: AGAINST PROJECT:
2 5 /
DO PROJECT IN 1994 OR 1995:
2 I
Page 1 of 5
STREETSCAPEPHASEV
CONSTRUCTION AND DETOUR
SURVEY RESULTS AND COMMENTS
MARCH 3,1993
~.
RESPONSES RECEIVED: 126
SEPTEMBER CONSTRUCTION 75
MAY CONSTRUCTION 39
NO CHOICE OF DATE 3
DETOUR:
YES 70
NO 45
NO CHOICE OF DETOUR 2
NO CHOICE: 2
DON’T WANT PROJECT: 5
DO PROJECT IN 1994 OR 1995: 2
COMMENTS:
Better contractor, not low bidder.
Good contractor staging area.
Agrees with contractor incentives +l .
City should be their own general contractor.
Implement a strict and enforceable performance bond and incentives.
Do work at night.
Start & completion dates require performance bond by general contractor.
Use $1,000 penalty to help businesses on CVD, + 1.
Pedestrian safety.
Big Bear Plaza exit preparedness.
Postpone construction until recession is over.
Page 2 of 5
n Postpone the project until 1995.
n Don’t do the project, + 1.
n Don’t do until the City has a balanced budget.
n Don’t spend the money at this time.
w Do project after economy is better 1994-l 995.
8 Do the project now before the economy picks up.
w Put in U-turn at Harding before median is installed at Harding.
n Install U-turn at Harding and CVD.
n Summer construction is better because of longer daylight hours, people come down in
the summer to go to the beach even with construction going on, + 1.
8 Can’t afford to lose another Summer’s business, + 3.
n Don’t detour onto Oak because of church and school.
n No advantage to one way traffic on State Street.
n Keep two way traffic on State Street; use private property at corner of CVD & State to
route traffic.
8 Leave access to public parking lot on CVD @ Roosevelt open from CVD.
n Detour will negatively impact business customers.
m Detour will help business north of CVD.
n Detour will put merchants out of business.
n Prefers two way traffic on CVD, one way east will hurt business.
n Prefer two way traffic with parking on CVD (as is was), + 3.
n Have traffic west bound on CVD, + 2.
8 Need assistance with parking on Grand, maybe l/2 hour parking limit.
8 Install stop light at Madison and CVD, + 4.
n Put in Jefferson and Roosevelt traffic signals first.
8 Don’t install the pork chop at Madison and CVD.
n Do storm drain and medians only.
Page 3 of 5
.
* 8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
Use Community Access TV Channel to inform and update the public.
Keep merchants informed personally on a daily basis.
Advertise in the Blade & Carlsbad Sun on a daily basis on the detour routes and advise
of inconveniences.
City participate in community advertising program to encourage shopping in Village.
Work with the merchants to lessen the impacts.
Do attractive construction and detour signs and banners.
Install only the traffic signals and storm drain.
Pleased with project as presented in the brochure.
Get the project done ASAP with the least confusion.
Can they retain their sidewalk signs.
Consider impact on Street Faires, + 1.
Drainage on Madison between CVD and Grand.
Make one way arrow larger behind Bob’s Clock Shop.
Don’t remove existing lighting.
Police Department should consider the confusion created by the project and issue
warnings instead of tickets.
Coordinate construction with Transit Center.
Move the trash can redemption to behind Big Bear.
Build restrooms downtown.
Madison & Roosevelt intersections at Laguna should be done prior to Streetscape.
Expand the Redevelopment MP to include residents.
No need for gingerbread brick work or sidewalk bricks .
Install a small triangular park & fountain at CVD, Carlsbad Boulevard and Lincoln.
Chestnut Street should go all the way through.
+ number = additional like response
Page 4 of 5
CITY OF CARLSBAD
STREETSCAPE PHASE V
CONSTRUCTION OPTION SURVEY
INSTRUCTIONS: After reading the enclosed brochure, please complete this form and return it in person
to the presentation/open house, or by mail to:
PATRICIA CRATT-Y CITY OF CARLSBAD
ENGINEERING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009
Name:
0 Home, or 0 Business Address
City
I am a Village (check as many as apply):
Cl Resident 0 Business Owner
0 Property Owner 0 Other
State Zip
I prefer:
q Construction Option ONE: September 1993 to May 1994
q Construction Option TWO: May 1994 to January 1995
I prefer:
•I The Grand Avenue detour to shorten the construction time.
q To extend the overall construction to avoid a detour of traffic.
Describe other questions or concerns.
(Please attach additional sheets as necessary)
Page 5 of 5
EXHIBIT C STREETSCAPEPHASEV STAFF PRESENTATION
FEBRUARY 11, 1993
QUESTIONS AND ANSWERS
1. HOW CAN THIS PROJECT BE STOPPED OR MODIFIED?
A number of concerns have been raised about various aspects of the project, including:
8 Suggestions that only the storm drains and traffic signals should be constructed.
8 The project should be delayed until after the recession is
over, or canceled in its entirety.
The project, as proposed, was reviewed and approved by the City Council in 1988 after
considerable review throughout the community. Minor revisions were approved in December of 1992 to reduce cost and to simplify construction. The project is designed
to enhance the major downtown corridor to provide an attractive entrance into the City with safe and efficient access. No further modifications to the design of the project are
contemplated at this time.
Cancellation of this project would free bond funds for other redevelopment projects, but
will not result in a savings to the City’s General Fund. The project will be presented to
the City Council prior to final design in March of 1993. Final design and construction
schedule suggestions from the public can be presented to Council at that time.
2. WHAT PENALTIES OR INCENTIVES ARE BEING PROVIDED TO ENSURE
THAT THE CONTRACTOR WILL COMPLETE THE PROJECT ON TIME?
Staff is proposing a $1,000 per working day penalty for every day beyond the stipulated
time of completion for the complete project and the time allocated for the detour. This
will also be accompanied by a $1,000 per day bonus for early completion.
These measures will provide some incentive, but historically, have not proven to be a panacea for an expeditious Contract. Many other factors influence a contractor’s
economic situation and these could easily negate the impact of any penalties or bonuses.
The amount of a penalty is restricted by law to only that amount that can be directly attributed to damages incurred by the agency. Loss of business or other peripheral impacts are excluded by law from consideration.
It should be noted that construction time is measured in working days. When the
contractor is prevented from working because of weather or other agency-generated
delays, the contract time will be extended in accordance with the law.
Page 1 of 5
3. HOW WILL BUSINESSES BE KEPT INFORMED DlJRlN6 CONSTRUCTION?
It is the intent to have project personnel assigned to the project full-time in an office accessible to businesses at all times. The responsibility of these staff members will be to maintain daily contact with impacted businesses to ensure full information on all
activities and to troubleshoot any problems. Although every reasonable effort will be made to accommodate specific needs, there will be times when inconvenience cannot be
avoided.
In addition, it is intended that the,management staff will attend weekly merchant meetings
to give general project progress.
Through the public information process, it has been suggested that special efforts be
made to keep the public informed and directed as to how to access businesses.
Suggested means include:
n Periodic Council Updates
n Television Information Releases
n Public Information Fliers
n Extensive Downtown Parking Signage
All of these are good suggestions and will be incorporated.
4. WHY WILL STATE STREET BE DESIGNATED AS A TEMPORARY ONE-WAY
SOUTHBOUND STREET?
Under the proposed detour program, Carlsbad Village Drive traffic is being restricted to
one-way eastbound. This is to allow concurrent construction of median islands, storm
drains, traffic signals and crosswalks to minimize overall construction duration. Provisions for two-way traffic would eliminate the ability for concurrent median island construction
and extend the overall construction period up to three (3) months.
In order to continue to provide full parking on State Street, it is necessary to make it
one-way southbound and re-stripe the east side parking during the operation of the
detour.
This situation will only be in effect during operation of the detour, which is estimated to
last 12 weeks.
5. COULD STATE STREET REMAIN TWO-WAY IF TRAFFIC WAS DETOURED
THROUGH THE VACANT LOTON THE NORTHWEST CORNER OF CARLSBAD
VILLAGE DRIVE AND STATE STREET?
Implementation of this approach could not be recommended for the following reasons:
A. Inadequate room exists to transition traffic onto State Street south.
6. Transition would require elimination of parking on State Street.
C. Detour would interfere with storm drain construction.
Page 2 of 5
D. The sight in question is an abandoned service station site and could require
hazardous waste mitigation if disturbed by construction.
E. lf two-way traffic is required, it would be preferable to stage the intersection construction and accept minor delays.
WHY NOT MAKE CARLSBAD VILLAGE DRIVE ONE-WAY WESTBOUND
DURING THE DETOUR PHASE?
This question was raised during the public process and evaluated by the staff.
Advantacres:
A. This approach would provide more direct access to businesses fronting along Carlsbad Village Drive as they enter the Village.
B. Potential impacts of detour traffic on Oak Street would be alleviated.
C. Access to City parking facilities will be more direct.
Disadvantaaes:
A. The lane available for traffic is the most southerly eastbound lane. The public will
be used to this being an eastbound lane which increases the probability of
someone proceeding the wrong way.
B. No suitable detour exists between State Street and Carlsbad Boulevard. All
eastbound traffic would have to be detoured at Carlsbad Boulevard to Grand
Avenue. This will limit access to the Village Faire and other businesses in the block between Carlsbad Boulevard and the railroad.
C. Traffic would be routed through the traffic signal at State Street on the wrong side. The signal would require modifications’ or disconnection.
D. Transition of traffic on the eastern job limit would have to occur between Jefferson
and Harding, which will limit median island construction during the detour phase.
E. The transition back to the appropriate travel lane between State Street and the
railroad will be abrupt.
F. Pedestrians crossing the street will not expect westbound traffic in the far south
lane. This could diminish pedestrian safety.
Staff is seeking further public input on this atternative and will review the issues and options with the City Council prior to finalization of the program.
WHY IS NO TRAFFIC SIGNAL BEING INCLUDED AT MADISON STREET?
The project, as originally approved, constructs a “pork chop” island at Carlsbad Village
Drive and Madison Street, which prevents through traffic and left-turns from the side street
onto Carlsbad Village Drive. Left-turns from Carlsbad Village Drive onto Madison Street
will continue to be allowed.
Page 3 of 5
-
This design eliminates the need for a traffic signal, which enhances the overall traffic
efficiency along Carlsbad Village Drive and saves an estimated $30,000 in construction and $5,000 per year in operation and maintenance costs. Madison Street was eliminated
because it is the least traveled roadway.
A traffic signal at this location would improve business access and pedestrian safety.
Staff is further evaluating the impacts of this option and will review them with the City
Council prior to project finalization.
8. IS CONSTRUCTION BEING COORDINATED WITH THE TRANSIT STATION
CONSTRUCTION AND OPENING?
If the project proceeds in September of 1993, it will be completed prior to the opening of
the Commuter Rail Station. The May 1994 start date would have to deal with traffic
generated by the transit station.
It is likely that the two projects would be under construction at the same time, which
would increase overall construction traffic and activity. The nature of the Commuter Rail
Station is such that other than construction traffic, other traffic patterns will experience
limited disruption.
9. WHAT PROVISIONS HAVE BEEN MADE FOR ACCESS TO OAK STREET
FROM THE “POINSElTIA PLAZA” (BIG BEAR) SHOPPING CENTER?
Staff has reviewed the rear access to the Poinsettia Plaza and agree that this area is an
existing problem which could be improved to better accept additional traffic.
The City Traffic Engineer, during project implementation, will meet with shopping center
owners to review potential driveway construction, on-site traffic channelization, improved
lighting, and other options to improve access to this area.
10. WILL PROVISIONS BE MADE FOR PEDESTRIANS THROUGHOUT THE
CONSTRUCTION?
Yes. Arrangements for pedestrian access to all businesses will be available during
business hours. Certain construction operations will be scheduled after business hours
to minimize disruption. Ail critical locations will be coordinated with individual businesses.
11. WILL PROVISIONS BE MADE FOR U-TURNS AT HARDING STREET DURING
CONSTRUCTION?
During median island construction on Carlsbad Village Drive between l-5 and Harding
Street, the inside westbound lane will be converted to left-turns and U-turns. When the median is complete, the permanent U-turn situation will have been implemented and allow standard size vehicles to complete the U-turn. There may be short periods during Phase Ill construction that U-turns will be restricted.
12. WILL TRAFFIC BE DETOURED DURING STAGES II AND ill OF
CONSTRUCTION?
No. The proposed detour will only be in effect while the storm drain and intersections at
State Street and Roosevelt Street are under construction during Stage I. At all other times, a minimum of one lane of traffic will be provided for in each direction.
Page 4 of 5
13. WHAT PROVISIONS ARE BEING MADE TO ACCOMMODATE INCREASED
TRAFFIC ON GRAND AVENUE AND OAK STREET DURING THE DETOUR PHASE OF CONSTRUCTION?
Detailed detour plans have not been completed at this time. Provisions to handle the
detour will be required and the details will be coordinated as a part of the final design.
Issues addressed will vary depending on whether Carlsbad Village Drive is westbound or
eastbound and whether the detour is initiated at Harding Street or Jefferson Street,
Temporary traffic control modifications may be appropriate to facilitate added traffic.
14. WHAT IMPACTS WOULD RAINY WEATHER HAVE ON THE LENGTH OF
CONSTRUCTION AS RELATED TO PROPOSED START DATES?
A September start has a greater risk of construction delays due to rain than the May start
since it encompasses the “rainy” season.
15. WHAT WILL BE THE IMPACT TO EMERGENCY VEHICLES THAT USE
CARLSBAD VILLAGE DRIVE TO RESPOND TO AN INCIDENT IF RAISED
MEDIANS ARE INSTALLED?
Emergency vehicles are driven by trained, professional drivers accustomed to driving in
congested conditions. To facilitate movement along Carlsbad Village Drive for the
emergency vehicle, an OPTICOM system is installed at each traffic signal location. This
system permits the emergency vehicle to utilize an emitter that uses optical energy from
a distance of approximately 1,800 lineal feet to turn the indication at a traffic signal green.
The other three directions would have a red indication. Vehicles in front of the
emergency vehicle, seeing the green indication, would clear the intersection and, thus,
allow the emergency vehicle to proceed.
This system is utilized throughout Carlsbad at all traffic signals. No problems with the system have been reported in other congested areas that have raised medians, such as
El Camino Real from Hosp Way to Highway 78.
16. WHY DOESN’T THE CITY ACT AS THE GENERAL CONTRACTOR OR SELECT
A CONTRACTOR BASED ON QUALIFICATION?
State law dictates that the Cii advertise a public contract for any work exceeding
$50,000. This work must be awarded to the lowest, responsive and responsible contractor. lf the contractor is licensed and not proven incompetent, the City must award
the contract to the low bidder.
Page 5 of 5
EXHIBIT D
MEMORANDUM
March 1, 1993
TO: CITY ENGINEER
Traffic Engineer
MADISOfi STREET/CARLSBAD VILLAGE DRIVE INTERSECTION
One feature of Streetscape Phase V is the construction of raised channelization (“pork
chop”) at the above referenced intersection. This feature has been part of the improvement
plans since its initial design inception in 1986. The “pork chop” permits left-turns from
Carlsbad Village Drive to Madison Street, a right-turn in from Carlsbad Village Drive and
a right-turn out from Madison Street. Movements that are eliminated are the through
movements on Madison Street from one side of Carlsbad Village Drive to the other and the
left-turns from Madison Street to Carlsbad Village Drive.
Installation of raised channelization at the Madison Street/Carlsbad Village Drive
intersection was predicated on several assumptions.
1. Relatively low turning movements at this intersection.
2. The desire to maintain vehicular progression along Carlsbad Village Drive
without a traffic signal at each intersection.
3. Out of direction travel of only one block to cross Carlsbad Village Drive after
the traffic signals are installed at Roosevelt Street and at Jefferson Street.
A re-evaluation of the potential benefits of the raised channelization at Madison Street has
been completed. Although some benefits of the original design remain, other factors and
changes have occurred that diminish the need for the proposed raised channelization. As
an alternative, therefore, it would be appropriate to install a traffic signal at the
Madison/CVD intersection.
I recommend that a traffic signal be installed in lieu of the raised channelization at the
Madison/CVD intersection for the following reasons:
1. Increased pedestrian safety when crossing at the intersection by having the
benefit of a traffic signal. Positive right of way assignment for vehicles and
pedestrians is provided with the traffic signal. A traffic signal at each
intersection, including Madison Street, will help discourage midblock crossings
by pedestrians.
City Engineer
Madison Street/Carlsbad Village Drive Intersection
March 1, 1993 Page: 2
2. Full access will be provided to the existing businesses and for each business
expected to locate at or near the intersection within the next several years.
3. Access to nearby parking lots located along Roosevelt Street either via the
alley or from Roosevelt Street.
4. Left-turns from Carlsbad Village Drive to Madison Street will have a
protected phase in each traffic signal cycle rather than the turn being made
uncontrolled against traffic.
Traffic signals are relatively expensive to operate and maintain on a yearly basis. It should
be anticipated that with the installation of a traffic signal at the Madison/CVD intersection,
the annual 0 & M costs will be approximately $5,000 for this signal.
Traffic Engineer
RTJ:rz
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
RESOLUTION NO. 223
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA APPROVING COMPLETION OF THE
DESIGN FOR STREETSCAPE PHASE V, APPROVING A CONTRACT FOR
DESIGN WITH NIETO CONSULTING ENGINEERS AND AUTHORIZING STAFF
TO FORM MERCHANT ADVISORY COMMITTEES
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad has
determined it necessary and in the public interest to construct Streetscape Phase V on
Carlsbad Village Drive; and
WHEREAS, it is desirable for the satisfactory completion of the intended improvements
to include specific requirements, design elements and public information components, and;
WHEREAS, sufficient unencumbered appropriation exists in the project account.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Commission approves completion of the design for Streetscape Phase
V on Carisbad Village Drive.
3. That the Commission approves a design contract with Nieto Consulting
Engineers to revise and finalize construction documents.
4. That the Commission authorizes construction to begin in September 1993.
5. That the Commission authorizes the project to be done in stages with Stage 1
to incorporate a detour of westbound Carlsbad Village Drive traffic to Grand Avenue and Oak
Street.
6. That the Commission authorizes the formation of a seven member Village
Merchants Subcommittee for Streetscape Phase V to be selected by the Mayor and instructs
staff to solicit applications from impacted merchants.
Ill
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
7. That the Commission authorizes the inclusion of a traffic signal on Carlsbad
Village Drive at Madison Street.
8. That the funds in the amount of $3,185,206 are available in the project accounts
to cover the estimated construction costs of $2.7 million.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Housing and
Redevelopment Commission held on the 16th day of March , 1993 by the
following vote, to wit:
AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard and Fknnila
NOES: None
ABSENT: None
‘ATTEST:
RAYMQ@D R. PATCHETT, Secretary
(SEAL) -
h
l
AGREEMENT TO PROVIDE
CIVIL ENGINEERING SERVICES FOR
STREETSCAPE PHASE V
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as “City”, and NIETO CONSULTING ENGINEERS, INC., hereinafter
referred to as “Consultant”.
RECITALS
City requires the services of a civil engineering consultant to provide the necessary
civil engineering services for preparation of Streetscape Phase V plans, specifications and
estimates; 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
Consultant shall provide civil engineering, surveying, landscape, irrigation, and
electrical design services in accordance with applicable City of Carlsbad Standards. The
scope of work shall include the following:
TASK 1: Field survey to tie in existing monumentation along the centerline of
Carisbad Village Drive. Calculate and reestablish horizontal control.
Indicate survey information on existing improvement plans sufficient for re- establishment of base line and staking of proposed improvements by
construction contractor’s surveyor.
Rev. 6/l O/92
TASK 2: Walk site and compile list of existing conditions which have changed since
the existing aerial topography was originally prepared. Field completion
survey by two-man survey crew based on list from walk-through. Update
existing topography shown on improvement plans to reflect current
conditions.
TASK 3: Potholing and conflict check:
a. Coordinate with existing utility companies to determine conflicts and
determine location of proposed potholes. Project engineer to: mark
pothole locations in field based on utility markout, observe pothole
operations, and make necessary measurements when utilities are
exposed. Two-man survey crew to tie in reference marks in
.pavement after potholing is complete.
b. Incorporate measured locations of existing utilities into design and
revise improvement plans as necessary.
C. Two-man crew with truck and digging equipment to pothole and
provide traffic control. (Assumed approximately 20 potholes required
taking five working days to complete).
TASK 4: Project engineer to coordinate with North County Transit District to identify
and address concerns. Any requested plan revisions will be reviewed with
City’s project manager and incorporated into the construction documents
if needed.
TASK 5: Revise legal descriptions and plats, if necessary, for right-of-way acquisition
and right of entry for the project. Coordinate with appraiser, acquisition
agent, and condemnation attorney.
TASK 6: Perform a quantity take-off on the 10096 plans and prepare an engineer’s
construction cost estimate.
TASK 7: Revise the Streetscape Phase V plans and specifications to include the
following changes which have been requested by City staff. Items listed in
this task will be completed for a fixed fee as shown in the fee proposal.
a. Delete full paver sidewalk design Pattern B and utilize Pattern A
throughout.
b. Eliminate crosswalk bollards throughout.
2 Rev. 6/i O/92
C.
d.
8.
f.
9.
h.
i.
i.
k.
I.
m.
Delete art element except median entry monument sign at l-5
freeway ramps. Sign to be provided by artist. Specify collateral
work.
Delete enhanced crosswalks at Madison, Jefferson and Harding
Streets.
Delete drinking fountains.
Delete Magnolia trees between State Street and Roosevelt Street and
on south side of Carlsbad Village Drive west of Jefferson Street to
the alley east of Kentucky Fried Chicken. Replace with Palm trees,
salvaged or new.
Delete parkway improvements east of l-5.
Retain trees on south side in front of Poinsettia Plaza “Big Bear
Center”.
Coordinate drive redesign to be compatible with ARC0 AM/PM
design approval for northeast corner of Carlsbad Village Drive and
Harding Street.
Verify tree locations for salvage and placement of tree grates.
Eliminate base under sidewalk provisions.
Show installation of Vista/Carlsbad sewer within work zone crossing
Carlsbad Village Drive at Jefferson Street. Coordinate plans with
CMWD.
Assemble original mylars for the project, as-built plans for previous
project phases and proposed project plans.
Meet with City Traffic Engineer to discuss traffic signal design
changes to reflect current design policies of the Cii.
Change Elm Avenue to Carlsbad Village Drive on traffic signal, traffic
signal interconnect street light plans.
Revise traffic signal interconnect plans to reflect recent Grand
Avenue signal system.
Rev. 6/l O/Q2
Revise traffic signal plans for Elm Avenue at Jefferson, Roosevelt,
State and Harding to conform to current City design policy (i.e., loop
detectors and striping changes, street name changes, etc.)
Revise traffic signal, street lighting and traffic signal interconnect
special provisions to reflect current City specifications. Revise cost
estimates.
Add illuminated street name sign at Carlsbad Boulevard and
Carlsbad Village Drive.
n. Specify root pruning and tree trimming required when existing trees
are to remain.
0. Narrow sidewalks between Washington Street and the AT&SF
Railroad to avoid additional grading and to match adjacent
improvements.
P- Delete railroad rubber pad extension.
Review all pedestrian ramps for adequate landing area.
r. Delete all references to Elm Avenue. Replace with new name
Carlsbad Village Drive. Fix sheet number references.
S. Revise cross-section details and finished grades for medians and
intersections to allow a 0.10 foot overlay for the entire project limits.
t. Delete median drain systems.
U. Expand thick pavers under driveway curb transition wings.
V. Relocate joint trench to be in front of curb to avoid tree root balls.
W. Revise plans to reflect Kentucky Fried Chicken improvements.
x.- Revise design at State Street to completely demo and replace
intersection pavement.
Y* Check and detail transition paving at alleys and other grade
transitions along right-of-way.
4 Rev. 6/i O/92
TASK 8: Revise the Streetscape Phase V plans and specifications to incorporate the
following changes which have been requested by City staff. Items listed in
this task are proposed to be completed on a time-and-materials basis due
to the fact that the scope may change during design. The budget amounts
listed in the fee proposal are Nieto Consulting Engineers’ estimate of the
‘worst case” scenario. Nieto Consulting Engineers will work with City staff
to try to reduce the amount of work required as much as possible.
a. Revise turn-pocket geometries as required by the City Traffic
Engineer.
b. Coordinate with City Traffic Engineer to determine traffic control and
detour plan for construction. Revise traffic control plans as
necessary.
C. Coordinate with City Traffic Engineer to determine final signing and
striping. Revise signing and striping plans as necessary.
d. Study the possibility of eliminating the proposed storm drain east of
Jefferson Street. Meet with Cii to review effect on storm drain
system. Review design of catch basin relocations on the northeast
corner of Carlsbad Village Drive and Harding Street. to eliminate
junction structures. Add catch basin at southwest corner of
Carlsbad Village Drive and State Street to pick up flows from the
south. Review and redesign local depressions as necessary.
TASK 9: Update existing Hydrology and Hydraulic Report to reflect the revisions to
the storm drain system.
TASK 10: Revise irrigation system to be compatible with Reclaimed Water Criteria of
CMWD and County Health Department. Redesign system to be drip
system. Coordinate with Parks and Recreation Department to incorporate
desired revisions to planting and irrigation specifications.
TASK 11: Printing and reproduction of plans and specifications for submittal during
plan check, outside agency review, and final bidding package. Consultant
M-provide 50 sets of construction drawings and specifications for the fee
stated in this agreement. Additional sets will be billed as additional work at
a cost of $50.00 per set for plans and $10.00 per copy for specifications.
TASK 12: Provide Cii with one photomylar duplicate of each plan sh88t for us8 as
permanent original.
TASK 13: Plan check revisions and meetings with City staff to complete plans.
5 Rev. 6/l O/92
TASK 14: Coordination and responses during bidding as requested by the City of
Carlsbad.
TASK 15: New signal design for Madison Street and Carlsbad Village Drive.
2. CITY OBLIGATIONS
The City shall provide the services of a title company. The City shall provide
copies of plans and maps from City’s records as needed by Consultant to perform the
SetviCeS requested.
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 COmpl8ted within fifty (50) days of that date.
Extensions of time may be granted if requested by the Consultant and agreed to in
writing by the City Engineer. The City Engineer 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
The total shall not 8xc8ed the fee payable according to Paragraph 6, “Payment of
Fees,” and shall be $60,195 (see attached Exhibit A). No other compensation for services
will b8 allowed except those items covered by supplemental agreements per Paragraph
8, “Changes in Work.”
Rev. 6/l O/92
5. DURATION OF CONTRACT
This agreement shall extend for a period of three (3) months from date thereof.
The contract may be extended for an additional one (1) year periods or parts thereof,
based upon satisfactory performance and the City’s needs.
6. PAYMENT OF FEES
Consultant shall be paid for each task on a percent completed basis. Consultant
shall invoice City monthly as work progresses. The following fee schedule indicates a
breakdown of fee by task and indicates which tasks will be completed on a fixed fee
bases and which will be completed on a time and material basis for a fee not to exceed _
the amount indicated.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the plans, specifications, and
estimates, the Consultant shall deliver to the City the following items: The final
construction contract documents.
8. CHANGES IN WORK
If, in the course of the 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
7 Rev. 6/l O/92
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. A supplemental agreement shall be prepared by the City and approved by the
City according to the prOcedur8S described in Carlsbad Municipal Code Section 3.28.172.
Such supplemental agreement shall not render ineffective or invalidate unaffected portions
of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any company
or person, other a bona fide employ88 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 8mpiOye8, any f88, 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 th8 right to annul
this agreement without liability, or, in its discretion, to deduct from the agreement price
or consideration, or othennrise recover, the full amount of such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the stat8 and federal laws regarding
nondiscrimination.
8 Rev. 6/l O/92
.
11. 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 Consultant. The
Consultant, thereupon, has five (5) working days to deliver said documents owned by the
City and all work in progress to the City Engineer. The City Engineer 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 Manager,
the Manager shall determine the final payment of the contract.
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 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
Engineer. A copy of such documented dispute shall be fonnrarded to both parties
involved along with recommended methods of resolution which would be of benefit to
both parties. The City Engineer 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 Cffice of the City
Manager. The City Council may then opt to consider the directed solution to the
9 Rev. 6/l O/92
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.
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 lump sum fee payable under paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s own
way as an in,dependent 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, but shall consult with the Cii as provided for in the
request for proposal.
The Consultant is an independent contractor of the Cii. The payment made to the
Consultant pursuant to the 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
10 Rev. 6/l O/92
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 1966 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 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.
16. OWNERSHIP OF DOCUMENTS
All plans, stud&, 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.
11 Rev. 6/l 0192
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims
to such copyrights in favor of City,.
18. 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 resulting from, any intentional or negligent
acts, errors or omissions 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 claims, liabilities,
penalties or fines, including liabilities or claims by reason of alleged defects in any plans
and specifications, and any cost, expense or attorney’s fees which are incurred by the
City on account of any of the foregoing.
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.
20. SUBCONTRACTING
lf 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
12 Rev. 6/10/92
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.
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 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 and on behalf of the City to exercise any executive, supervisory, or
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 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 entitle the Consultant to any additional
payment whatsoever under the terms of this contract.
13 Rev. 6/l O/92
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 written above.
25. CONFLICT OF INTEREST
The consultant shall not file a conflict of interest statement with the city clerk in
accordance with the requirements of the City of Carlsbad conflict of interest code. The
disclosure categories shall be categories N/A.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
automobile liability insurance, and a combined policy of worker’s compensation and
employers liability insurance from an insurance company authorized to do business in the
State of California which meets the requirements of City Council Resolution No., 91-403
in an insurable amount of not less than one million dollars ($1 ,OOO,OOO) each, unless a
lower amount is approved by the City Attorney or the City Manager. This insurance shall
be in force during the life of this agreement and shall not be canceled without thirty (30)
days prior written notice to the City sent by certified mail.
14 Rev. 6/l O/92
,
The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this day of I 19,.
CONSULTANT:
NW-0 CONSULTING ENGINEERS, INC.
(name of Consultant)
CllY OF CARLSBAD, a municipal
corporation of the State of California
By:
(sign here)
By:
City Manager or Mayor
MANUEL E. NIETO
(print name here)
ATTEST:
PRESIDENT
(title and organization of signatory) ALETHA L. RAUTENKRANZ
City Clerk
By:
(sign here)
(print name here)
SECRETARY
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
.BY Deputy City Attorney
15 Rev. 6/l O/92
FEE SCHEDULE EXHIBIT “A”
TASK
1 2
;ab 3c:
2. 6: 7a. 7b. 7c. 7d. 78. 7f.
79. 7h. 7i. 7j. 7k. 71. 7m. 7n. 70.
7P. 7q. 7r. 7s. 7t. 7u.
St 7x:
7Y- 8a.
iii:* 8d:
FIXED FEE BUDGET - NOT TO EXCEED
$S,OOO.OO $3900.00 $4,ooo.00 $l,ooo.oo
9.
R “:1’E*E
E-
$1:800:00
14: 15. $4.69o.o0
TOTALS $51,045.00 $29,150.00
g%E j7oo:oo $4,ooo.00 $750.00
$3,ooO.oO $1.200.00
TOTAL FEE NOT TO EXCEED $80,195.00
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
-------------------------------
------------------------------------
---------------------------------
-----------------------------------
,-,,,---,,,--,,-,,,,,,,,,,,
---------------------------
---------------------------------
------------------------ --
AzYs!s~~A-Z& @la&!&
--------------------------------------------
--------------------------------
---------------P-----------------------------
-----------------------------
-----a-------------m---- --------------
AlEQ!k?~~!?g~g~~ t-k e m-w-
------------~~~~~--~~~-
7+ltL&cd~~----_________ -------- e!?z.a~ --------- --
,
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF
DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF
CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
--------------m--------e---
----B-w
------w--m 3632 G@-‘L e ----------------m-m-- -L-,,,
/o C&T cg -------------------- ----w-w---- -------
-----2Lf$~ E\ Qwba -‘c-~ -----*-------------- ----
-------!t&---f&k-Q&
K&wErtt lu-mce 421 crR/fNo @~PLv3h -------------------------- ------------------------------BBS
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD
VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF
DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF
CARLSBAD DONOT WANT ANOTHER 'BARS' CONTROVERSY.
iz23_3_-@~~sJ ----- -c?&
wz ----------------
--m---w DQ k6)ck ---------------- -------------------------------------- ---&$!wl3La?d~&~ w ,--z-,,
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
i
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD
VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF
DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF
CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
.
-----------------------------------
-----------------------------------
--------------------------------
-------------------------------
---------------------------
---------------------------
-------------------------------------------
i----------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD
VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF
DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF
CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
------------------------~~~--~~~
---------------------------------
----------------------------------
------------------------------
---------------------------------
---------------------------------
--------------------________c_____
----------------------------------
----VW-- ------------------------~~~~--~~~
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF
CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
. _.-*.
PLEASE DO NOT CONSTRUCT A TRAFFIC DIVIDER ON CARLSBAD VILLAGE DRIVE. IN TODAYS ECONOMY SPENDING MILLIONS OF DOLLARS IN THIS MANNER IS A TRAVESTY. THE PEOPLE OF CARLSBAD DO NOT WANT ANOTHER 'BARS' CONTROVERSY.
, *?
i!F - -E& mm ---------------------------------------------- -------------------*------ ~ 73/5 Rue. akr ckdQ&J ---------------- x -- --
c: ?iz---
- -- ----------------------------------------------
m-B e-w- f -m-e -------------------------------------
March 26, 1993
Mr. Manuel Nieto Nieto Consulting Engineers, Inc. 9675 Business Park Avenue, Suite 110 San Diego, CA 92131
RE: Consultant Agreement for Design of Cannon Roac¶, Reach 1
The Carlsbad Housing and Redevelopment Commission, at its meeting .of March 16, 1993, adopted Resolution No. 223, approving a Consultant Agreement with Nieto Consulting Engineers, Inc. to provide Civil Engineering Services for Streetscape Phase V.
Enclosed'is an original agreement and a copy of Resolution No. 223 for your files.
ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 CD