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HomeMy WebLinkAbout1980-04-15; City Council; Resolution 6154I v- 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. 6154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAXLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SEDWAY/COOKE, A CONSULTANT FOR THE CONSULTANT COSTS INCURRED FROPll SERVICES INCLUDING THE PREPARATION OF AN ANALYSIS OF PUBLIC FACILITIES AND GROWTH MANAGEMENT PROGFUQM. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Sedway/Cooke for the payment of consultant costs incurred from services involving the preparation of an analysis of public facilities and a growth management program, a contract of which is attached hereto titled Agreement for Consulting Services Between the City of Carlsbad and Sedway/Cooke for an Analysis of Public Facilities and Growth Management Program is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th day of Apri 1 , 1980, by the following vote, to wit: AYES : Councilmen Packard, Lewis, Anear, Councilwoman Casler and Kul chin NOES : None ABSENT: None ATTEST : ALETHA L. RAUTENKRANZ, 2 @- City Cler (SEAL) EXHIBIT " 1" L 11 a: El a: 11 a! 1( . 1: 1E 35 2c 21 2.2 22 24 25 26 27 28 TlIIS AGREEMENT made and e-itered into this day of I 19 and between the CITY OF CARLSBAT), a municipai corporaticn of th.2 State of CaliEornia, hereinafter referred to as "CFky" and Sedway/Cooke hereinafter referred to as "Consultant "'.. W I T N E S S E T H: WEEREAS, the City Council of the City of Carlsbad hasdetermi: that a Growth !-lai?agement Program based upon the provision of "adequate" public facilities for new development is necessary and desirable; and WHEREAS a framework for developing a Growth Management Program has been adopted by the City Council; and WHEREAS, an analysis of public facility demand and avail- and ability is necessary to develop such a program; WHEREAS, the Consultant has the qualifications to perform the services in the manner, at the time, and for the compensation set forth herein: NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT a. The Consultant shall provide the City with a written analysis of the public Eacilities, as identified by the City Council, to determine the level of their availability. Exhibit "A", which is attached hereto and by this reference 'The analysis will be in compliance with , I 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 * 16 I€! 19 2c 21 22 22 24 25 26 27 28 0 made a part of this agreeinent. h. The Co_rsulta.nt shall submit ten (1.0) copies of a preliminary repcrt whicn wiil include a preliminary recom- mendation with support information, to the Planning Director * for staff review and comment within sixty (60) days of con- tract execution, The preliminary report shall be 5.n complian ~7ith attached Exhibit "A" ., c, The consultant shall be responsible for four presentations I to be divided between the Planning Comrnission City Council, and citizen groupsr and shall answer any questions these bodies may have concerning said report. . d., The Consultant shall be responsible for providing twenty (20) bound copies of the final report which shall he submitted to the Planning Director within 90 days. e. The Consultant shall be availaSle to confer with City'staff as mutually agreed upon during the contract period (2) DUTIES OF THE CITY a. The City will make payment to the Consultant as provided for in this agreement. b. The City will make available to the Consultant any document, studies, or other information in its possession related to the proposed project, Specifically available will be information approved by City Council on February 19, 1980, relating to General Plan growth potential, identified public services, growth constraints and availability of services. (See Exhibit ''€3") c. The City will review the Preliminary Report by the Consultant within ten (10) working days of their receipt n ? 1 .& 2 3 4: 5 E 1 € $ 1( 13 1; a: 11 3"; 11 1' 1 1 2 2 '2 2 2 2 2 .2 2 L time period. (3 ) TERi'lli.1-T4,'L'TON Of' AGREETCEEL'T - - a* The agreement may be terminated. in whole or in part in writlng by either party in the event of substantial failur by the other party to Eul-Eill its obligations under this agre ment throucjh no fault of the terminating party: Provided, I that no such termination may be effected unless the other party is qiven (I) not less than fifteen (15) days written notice (delivered by certified mail, return receipt requested of intent to terminate and (2) an opportunity for consulta- tion with the terminating.party prior to termination. bo If termination is effected by the City, an equitable ad justnient in the price provided for in this agreement 'shall be made. provide for payment to the Consultant for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs .reasonably incurred by the Consultant relating to commitments which had become firn prior to the termination. Any additional termination settle- ment costs requested by the Consultant relating to eommitnent which had become firm prior to the termination shall be evaluated by th; City and if found valid paid upon receipt of associated work or products. The equitable adjustment for termination shall 1 C- Upon receipt of a termination action pursuant to para- graph (a) above, the Consultant shall (1) promptly discontinu all services affected (unless the notice directs otherwise), and (2) deliver to the City alP data, drawings, reports, -3- 7 2- 2 3 4 5 6 7 8 9 ZC al. 12 1: 14 1: l( 1: 1( l! 2( 2: - 2; 2 2 2 2 .2 2 t i sumimries have been acc-umulated or prepared by the Consultant in per- iorming this agreenent an.d such other. information and materials as hay c whether completed or in progress d.. upon ternination pursuant to paragra-ph (a) above, the City may take over the work and prosecute the same to conple-. tion by agreement vith amother part57 or otherwise (4) RELEASE -..-. OF INFOFCCATION BY - CONSULTANT Any reports, information or other data, prepared or assembled- by the Consultant under this agreement shall not be made available to any individual or organization by the Consultant without'the prior written approval of the City. (5) PUBLICATION, REPRODUCTION ASD USE OF THE ANALYSIS AND OTHER bWTERIAL The City shall have the unrestricted authority to publish, disclose, disgribute and otherwise use in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a total sum of $40,000,00 for work necessary to carry out the requirement of this agreement. of the above fee within fifteen (15) days after receipt of his invoice upon City acceptance of a Technical Xerrorandum due within five (5) weeks of contract execution. '1 Consultant shall. be paid an additional thirty (30) percent OS the above fee within fifteen (15) days after receipt of his invoice for the completion of the preliminary report in accordance with Paragraph 1-a above. The Consultant shall be paid thirty (30) percent The The Consultant shall -4- -.' 1 2 3 4 5 6 7 8 9 10 I1 1% 12 14 . LE It: - 17 1-2 LE 2c 21 2: 2; 24 2: 2t 2'; 2E (15) da.ys af.&= r2ceip.t of his invoice upon submission or-' the final public facility analysis in accordance with paragraph 1-a. The Consultant will be paid the remainicy ten (10) percent within thirty (30) days after receipt of his invoice to be submitted after the report has been reviewed and accepted by the City Council (7) HOLD HAR?.lLESS AND INSURANCE The Consultant will indemriify the City against and hold it harmless from all and any liability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the negligent performance or willful misconduct by Consultant of the Ag-7eement and reimburse the City of all costs, expenses and loss incurred by it in consequent of any claims, demands, and causes of action which may be brought against it by a person other than the city arising out of the negligent, alleged negligent performance or willful misconduct by Consultant of this Agreement, stood that this hold harmless provision shall not apply to any claims, demands, costs, expense (including cost of defense), liability, causes of action, or judgment which occur by reason' of the negligence, alleged negligence, or willful misconduct of the City or City's agents, servants, or other independent contractors who are directly responsibl to the City. The Consultants shall furnish the City with a It is under- certificate of insurance with the limits of at least SlO0;OOO for bodily injuries of each occurrence. -5- (1-1) CONFOI<~~jIc.ry ‘20 LEGAL REQU:::;?.E$$C&~TS ---...I- -“-- -I- The Consultailt sh.al.1 cause the recommendations “io conform to 3-11 applicable reyuirenents of law: Federal State and l.ocal., to all requirements of all. bodies formed under Federal, State or local law whose approval must be obtained e IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year first above wri-tten CONSULTANT CITY OF CARLSEAD OF : TITLE: -6- Tzsk 1 - Administration and Liaison (dwcation of project) Tne intent of this task is to coordinate work of the Coi?sultmt an5 ts provide opprtmities for Consdtmt a2 Cit17 interaction ‘&e intent of i3-L~ task is to collect data related to the project, some of which is idatifid in Exhibit E. scop of services involves bth doc-t reviews arid interviews. Interviews with representatives of various pablic aqencies I public services and special districts will be imprtant to understm6ing the City s q-rawth potential and constraints. Wmt review, cmbined with intexviews , will- raise questions reqxding the asscaptions used 20 the cityls ,wpula’cion projections, service projections, and public facility magmt system. Consultant will meet with, the planning staff to reviev questions raised and to consider appropriate criteria for inhimm levels of service. This segrent of the Ileeting: Task 3 - Assessment of Present Levels of Service (2 weeks) The intent of this task is to analyze each of the ten identifiedl public services in terms of their existing levels of service. Concurrently, som. determination of appropriate levels of ser- vice will be mde in terms of adequacy of service and incjdence of cost. Work Product: the above analyses and providing a corpxison between existing levels of servicedand the appropriate levels of service for each public service. The mrandum will indicate which services are approaching a minimum acceptable level of service and%’ have available remining capcity. A teckiiical mrandumwill be prepad documenting still e "lie i-ntent of this task is 'a dete,m&m the Eutme p&iic service de"d in light of tk City's gr~~~h potential and Lye ability of the City to provise the services to meet the d.emand. In order to carq cxk 'this task, Co~suitant will de'iexmiae an adjv.sked. cpcwth ptentia.1 for ths City based on gansral plan land we 2nd constraints i6entif ied by the City Ccmicil Two different scen- arios to attaining this adjusted growth ptential will bo, con- sidered: one, a continuation of the current growti- pattern with deVdopsi1t mcuring on an .Luurcplated tim frame; and tv:o, a growth pattern tbt reflects efforts to manage the tkxhcj and location of development. ciated costs of providing services md facilities will k identified. Work Prduct: A technical mmm"m. will be prepared describing the two scenarios in textural and graphic form and discussing the determination of the adjusted growkh ptential. Weting: adjusted qrowth ptential and constraints analysis and to con- sider appropriate.formulas for each public service. For eacy1 aitemative scenario, asso- Consultant will meet wia planning staff to review Task 5 - Development and Recomndatioii of interh Growth Management Prqrm (5 weeks) The intent of this task is to recomnd a program to the City that will allow the City staff to anticipate the availability of each identified public service and a process to provide and distribute these services. implications of the two alternative growth scenarios and recom- rend the nost logical future growth pattern for the City and its sphere of influence. will enable City staff to determine if a given request for that service can be adeqgately met will be developed. A program will be proposed whereby the City can provide and dis- tribute public services in a tirely manner in anticipation of future developwht. the relative imprtance of providing the public services, appro- priate levels of service, extemalization of costs, 3rd implica- tions for other public policy. The program will also be 6eveloped to allow the City to Mify it to address other concerns that will emerge, as the City under"&es its general plan review and final growth managemnt program. Consultant will review the policy and fiscal A formula €or each identified service which The program will include same weighing of -2- The'px-pse of this task is to evaluate the adequacy of tlie Citfi s &sting public facilities rmnaqa~mt sys'cer?, and public facilities fee ordinance in liqht of the findings from Tasks 2 tlhrough 5. Th.2 public facilities fec ordinance which relies upn a chxge to be used for provision of public services, will be revis& and incorporated as part of the interin ~TOW-L'I'I rmagment progrm developed under Tzsk 5. It will be undertaken simultanaxdy wit3 Task 5. Task 7 - City iieview (l$Jeeks) The purpse of this task is to allow the City to review am3 com-t on the Consultant' s' pre1imina-y reprt. be prepared and submitted to the Consultant within ten (10) days of the receipt of Lye preliminary report. Commts will Meeting: Consultant will &e two (2) formal presentations, one to the Planning Corranission and one to the City Council, on the preliminary report. Task 8 - Prepaxation of Final Report (3 weeks) The pvse of this task is to prepare a final documntwhich incorprates, as appropriate, the City's cments. will prepare twenty (20) bound copies of the final report and subnit them to the Planning Director within ninety (90) days of the date of the agreexent, provided that there are no delays beyond the Consultant's control. \ark Prduct: Consultant will submit twenty (20) bund copies of the final report recomding an interim growth mnagmt prcgram to the Planning Director. Consultant 7 -3- 1 tKTE;: do not XWI consecutively* eicjlit tasks, will be prfonwd withhi the nin3Q7 (90) da57 pesricd %e tirnes ind.icat,d for each task are esthates and The entire program, including all e m-IIUIT "13" 1. 2. 3. 4. 5. 6. 7. 8. . 9. Public Facility Element of the General Plan. Public Facility Fee 0rdina.nce (1979). Capital kpcovemmt Program, Grorvth Kanageinent Frograms of other comities. Existing levels of public service. a. Water b. Sewer c, Folice Protection d. Fire Frotection e. Street (Circulation) f. Drainage g. Schools h. Parks and ,%creation i. Library j. Physical Administration Facilities City Ihps Special District Naps.