Loading...
HomeMy WebLinkAbout1980-04-01; City Council; 6216; Agreement for provision of Growth ManagementCITY OF CARLSBAD y / • INITIAL AGENDA BILL NO. &3-/£ (Cdk. fat.•UV--A -t^A•<** —; Dept. Hd. DATE: T/l/^0, ^s~s,\:.,£.. *%&,} ' 'f- Cty. Atty. DEPARTMENT: PIANNIN& > ^ v^-^ Cty. Mgr. SUBJECT: , AGREEMENT FOR PROVISION OF A GROWTH MM3AGEMENT PROGRAM. OF THE HATTER On February 19, 1980, the City Council directed staff to send out Request for Proposal (RFP's) for the preparation of a Growth Management Program to five (5) selected con- sultant firms. The Council also designated a selection committee made up of Councilman Skotnicki, the City Manager and the Planning Director to bring back recommendations to the Council on the selection of a consultant. . The Selection Committee, after reviewing the five- Request for Proposals, selected four of the consultant firms for interviews on March 27, 1980. In interviewing the four consulting firms' representatives, the Selection Ccfrtnittee considered how each of the four proposals presented would provide for the identified list of products. The following are the four consulting firms interviewed and their respective bids: Sedway/Cooke , San Francisco - $40,000 Levander Company, Palos Verdes Estates - $28,000 Criterion, La Jolla - $53,400 PRC TOUPS, La Jolla - $49,800 Based on review of the request for proposals and the consultant interviews the Selec- tion Committee determined that Sedway/Cooke had excellent qualifications and the sound- est proposal. The Sedway/Cooke proposal centers around the work tasks of determining available service levels; comparing these service levels with projected growth ser- vices and formulation of a growth management system. Therefore, the Selection Committee is prepared to make the following recommendation: Recommendation The Selection Committee recommends that the City Council adopt the attached Resolu- tion authorizing the Mayor to enter into agreement with the Consulting Firm of Sedway/ Cooke for the preparation of a Growth Management Program for the City of Carlsbad for the amount of $40,000 as outlined specifically in the attached Agreement. EXHIBITS: 1. Exhibit "1" Resolution No , approving Agreement with Sedway/Cooke 4 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SEDWAY/COOKE , A CONSULTANT FOR THE CONSULTANT COSTS INCURRED FROM SERVICES INCLUDING THE PREPARATION OF AN ANALYSIS OF PUBLIC FACILITIES AND GROWTH MANAGEMENT PROGRAM. 6 The City Council of the City of Carlsbad, California, does hereby resolve as follows:8 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 for an Analysis of Public Facilities and Growth Management Program is hereby approved.15 2. That the Mayor of the City of Carlsbad is hereby16 authorized and directed to execute said agreement for and on behalf of the City of Carlsbad.18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the day of , 1980, by the following vote, to wit: Kt J. ~"~" 22 AYES: 23 NOES: ABSENT:24 25 26 27 ATTEST: RONALD C. PACKARD, Mayor ALETLIA L. RAUTENKRANZ, City Clerk28 (SEAL) > EXHIBIT "1" 1 AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF CARLSBAD AND FOR AN ANALYSIS 2 OF PUBLIC FACILITIES AND GROWTH MANAGEMENT PROGRAM THIS AGREEMENT made and entered into this day of , 19 , and between the CITY OF CARLSBAD, a municipal5 corporation of the State of California, hereinafter referred6 to as "City", and Sedway/Cooke hereinafter referred to as "Consultant".8 WITNESSETH; WHEREAS, the City Council of the City of Carlsbad has __ that a Growth Management Program based upon the provision of "adequate" public facilities for new development is necessary __ and desirable; andJLo WHEREAS, a framework for developing a Growth Management __ Program has been adopted by the City Council; andJ-O _ WHEREAS, an analysis of public facility demand and avail- _„ ability is necessary to develop such a program; and WHEREAS, the Consultant has the qualifications to perform J-O _ _ 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 meet with the City Council within one week from the contract execution to discuss the details of Consultant services. fcQ . I b. The Consultant shall provide the City with a& i written analysis of the public facilities, as identified T ft-1-0 22 P7*"' Pfl by the City Council, to determine the level of their availability. The analysis will be in compliance with Exhibit "A" , which is attached hereto and by this reference made a part of this agreement. c. The Consultant shall recommend a system, based " on data generated in the analysis, whereby the City can ri ' evaluate a project to determine if it provides "adequate" o public facilities. q d. The Consultant shall submit ten (10) copies of a preliminary report to the Planning Director for staff •^ review and comment within forty-five (45) days of contract 1 ?•*• execution. The preliminary report shall be in compliance 13 with attached Exhibit "A" . 1 e. The Consultant shall be responsible for four' 15 presentations, to be divided between the Planning Commission n fi City Council, and citizen groups, and shall answer any 17 questions these bodies may have concerning said report. f. The Consultant shall be responsible for providing 19 thirty (30) bound copies of the final report which shall be 20 submitted to the Planning Director within 60 days. 21 g. The Consultant shall be available to confer with staff as required 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 - n and make written comments to the Consultant within this o •.-. -,2 n, -,« 22 23 24 28 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. c. The City will review the Preliminary Report by the Consultant within ten (10) working days of their receipt time period. (3) TERMINATION OF AGREEMENT The City may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In the event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. In the event of termination, the City will pay Consultant for all work completed to the effective date of such termination, based upon Consultant's regular hourly t 2Q rates and cost of materials. 21 ^ RELEASE OF INFORMATION 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 AND USE OF THE ANALYSIS AND OTHER MATERIAL 27 The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use in whole " 24 25 f)Q^ or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be pad a total sum of $40,000.00 for work necessary to carry out the requirement of this agreement. The Consultant shall be paid thirty (30) percent rf of the above fee within fifteen (15) days after recexpt of o his invoice upon City acceptance of a progress report * due within four (4) weeks of contract execution. The Consultant shall be paid an additional thirty (30) percent of the above fee within fifteen (15) days after receipt of 1 ?x his invoice for the completion of the preliminary report in 1 "^4-0 accordance with Paragraph 1-a above. The Consultant shall be paid thirty (30) percent of the above fee within fifteen (15) days after receipt of his invoice upon submission of T fix the final public facility analysis in accordance with ] n paragraph 1-a. The Consultant will be paid the remaining ten (10) percent within thirty (30) days after receipt of 19 his invoice to be submitted after the report has been ?0 (7) HOLD HARMLESS AND INSURANCE reviewed and accepted by the City Council. 21 oo The Consultant will indemnify the City against and p-z 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 Agreement and reimburse the City of all costs, expenses and loss incurred by it in consequent of any iy L-. " 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. It is under- stood that this hold harmless provision shall not apply to any claims, demands, costs, expense (including cost of rt' defense), liability, causes of action, or judgment which Q0 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 responsible •*••'• to the City. The Consultants shall furnish the City with a certificate of insurance with the limits of at least $100,000 for bodily injuries of each occurrence. 14 'Q1> ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder 1 7•*•' without the prior written consent of the City. Any change in project personnel listed shall be subject to the prior 19 approval of the Planning Director. 20 (9) SUBCONTRACTING on If the Consultant shall subcontract any of the work to be performed under this contract, the Consultant shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of — 5— Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 6 (10) VERBAL AGREEMENT OR CONVERSATION TJ No verbal agreement or conversation with any officer, o0 agent or employee of the City, either before, during, or ' after, the execution of this Agreement, shall affect or modify any of the terms of obligations herein contained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the •I -Z terms of this Agreement. (11) CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause the recommendations to conform to all applicable requirements of law: Federal, State and local, to all requirements of all bodies formed under Federal, State or local law whose approval must be 19 obtained. 20 27 28 IN WITNESS WHEREOF, the parties hereto have caused this 21 agreement to be executed as of the date and year first above 22~~ written. 23 CONSULTANT CITY OF CARLSBAD 24 BY BY RONALD C. PACKARD, Mayor The analysis of public facilities is designed to generate data which will assist the City of Carlsbad in developing a 'growth management program. The analysis to be provided by the Consultant should include the following: 1. A determination of the adjusted growth potential of the city based on general plan land use and identified constraints. 2. A report on the current demand and availability of services identified by Council. 3. A report determining appropriate service levels for identified services, and a comparison with current availability. 4. Provide graphics including the extent of existing public facilities and areas where the next logical expansion should occur. 5. A formula for each identified service which will enable city staff to determine if a given request for that service can be met adequately. 6. A system which will allow city staff to anticipate the availability of all identified public services and a method of provision and distribution of these services. 7. A link between the consultants proposed system and the subsequent steps of the comprehensive planning program to provide for modification in city policy. 8. Analyze/evaluate the city's existing public facilities management system in light of the consultant's recommended program to determine it's availability. < The following data relative to the Public Services Analysis is available to the consultant at the Carlsbad Planning Department: 1. Analysis of the General Plan Growth Potential (1979) includes - maximum dwelling units and population - maximum square footage of potential industrial uses (plus existing). - maximum square footage of potential commerical uses (plus existing) 2, Public Facility Element of the General Plan EXHIBIT "A1 3. Public Facility Fee Ordinance (1979) 4. Capital Improvement Program 5. Growth Management Programs of other communities 6. Existing levels of public service i 7. Identified minimum public services 8. City maps 9. Special district maps