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HomeMy WebLinkAbout1980-04-15; City Council; 6216-1; Agreement for provision of Growth Managementv M) * CITY OF CARLSBAD INITIAL AGEN DATE DA B ILL NO. bald,- JL^& Apri 1 15. 1 DEPARTMENT:PLANN Vt 980 ING aJL&^c^dC ** / Dept ) Cty. Cty. . Hd. Atty Mgr . J^>^. / 7;/^- \T\ SUBJECT: AGREEMENT FOR PROVISION OF A GROWTH MANAGEMENT PROGRAM rrA7E'Ml¥T''~OF~l: H E MATTER On February 19, 1980, the City Council directed staff to send out Reauest for Proposal (RFP's) for the preparation of a Growth Management Program to five (5) selected consultant 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 recommended the consulting firm of Sedway/Cooke to be awarded the contract (April 1, 1980). The Council accepted the recommendation by minute motion. However, they set a workshop meeting (joint City Council/Planning Commission) for April 9, 1980, to further discuss details with the consultant. The scope of work for the project was discussed at the meeting of April 9th, and' the Council agreed to extend the contract from 60 to 90 days. RECOMMENDATION Staff recommends that the Council adopt the attached Resolution authorizing the Mayor to enter into an agreement with 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. (Note: The Resolution and Contract will be made available separately from this Agenda Bill prior to the April 15, 1980, meeting). EXHIBITS 1. Exhibit "1" Resolution No. Jti^d, approving agreement with Sedway/Cooke,including: a) Contract b) Exhibit "A" Duties of the Consultant c) Exhibit "B" Information Available to the Consultant Council Action: 4-15-80 Council adopted Resolution 6154, approving agreement with Sedway/Cooke to include contract and Exhibit "A" and "B". 8 9 10 11 12 13 14 15 16 17 18 19 20 21 26 RE S OLUTION N0. 6154 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 FACILITI! MANAGEMENT PROGRAM, 3 4 5 ' OF PUBLIC FACILITIES AND GROWTH 6n 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 _day of April , 1980, by the following vote, to wit:' AYES: Councilmen Packard, Lewis, Anear, Councilwoman Casler and KulchinNOES: None ABSENT: None 25 ll ~RONALET~c7 PACKARD;"Mayor ATTEST: IA ^-UiW-f ixui. . "V- Y \ ^^^^^-^^^\^\^Lf^^. ALETHA L. RAUTENKRANZ, City Clerji (SEAL) 5 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 AGREEi-lKNT FOR CONSULTING SERVICES BETWEEN THE CITY OF CARLSBAD AND FOR AN ANALYSIS OF PUBLIC FACILITIES AND GROWTH MANAGEMENT PROGRAM THIS AGREEMENT made and entered into this day of , 19 , and between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as !'Ci.ty" , and Sedway/Cooke hereinafter referred to as "Consultant" •„ W I T N E S S E T H: WHEREAS, the City Council of the City of Carlsbad has determin that a Growth Management 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-- ability is necessary to develop such a program; and 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 facilities, as identified 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 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 made a part of this agreement. b. The Consultant, shall submit ten (10) copies of a preliminary report which will 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 in cornplianc with attached Exhibit "A". c. The Consultant shall be responsible for four presentations, to be divided between the Planning Commission City Council, and citizen groups, 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 be submitted to the Planning Director within 90 days, e. The Consultant shall be available 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 b'e 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 "B") c. The City will review the Preliminary Report by the Consultant within ten (10) working days of their receipt -7- 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 and make written ccnmionrs to the Consultant within this time period. (3) TERMINATI ON_J3F_ AGREEMENT a- The agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agree ment through no fault of the terminating party: Provided, that no such termination may be effected unless the other party is given (1) 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. k. If termination is effected by the City, an equitable adjustment in the price provided for in this agreement'shall be made. The equitable adjustment for termination shall 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 firm prior to the termination. Any additional termination settle- ment costs requested by the Consultant relating to commitments which had become firm prior to the termination shall be evaluated by the City and if found valid paid upon receipt of i associated work or products. c- Upon receipt of a termination action pursuant to para- graph (a) above, the Consultant shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City all data, drawings, reports, — 3— summaries, and. such other information and materials as may have been accumulated or prepared by the Consultant in per- forming this agreement, whether completed or in progress. 4 d. Upon termination pursuant to paragraph (a) above, the 5 City may take over the work and prosecute the same to comple- 6 tion by agreement with another party or otherwise. 7 (4) RELEASE OF INFORMATION BY CONSULTANT 8 Any reports, information or other data, prepared or 9 assembled by the Consultant under this agreement shall not 10 be made available to any individual or organization by the 11 Consultant without" the prior written approval of the City. 12 (5) PUBLICATION, REPRODUCTION AND USE OF THE ANALYSIS AND OTHER MATERIAL 13 ~~ The City shall have the unrestricted authority to 14 publish, disclose, distribute and otherwise use in whole 15 or in part, any reports, data, or other materials prepared 16 under this agreement. 17 (6) PAYMENT 18 The Consultant will be paid a total sum of $40,000.00 19 | for work necessary to carry out the requirement of this 20 agreement. The Consultant shall be paid thirty (30) percent 21 of the above fee within fifteen (15) days after receipt of 22 his invoice upon City acceptance of a Technical Memorandum 23 due within five (5) weeks of contract execution. The 24 Consultant shall be paid an additional thirty (30) percent 25 . of the above fee within fifteen (15) days after receipt of 26 his invoice for the completion of the preliminary report in 27 accordance with Paragraph 1-a above. The Consultant shall 28 3 4 5 8 10 11 15 22 23 24 25 26 27 28 be paid thirty (30) percent of the above fee within fifteen. (15) days after receipt of his invoice upon submission of the final public facility analysis in accordance with paragraph 1-a. The Consultant will be paid the remaining 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 HARMLESS AND INSURANCE The Consultant will indemnify 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 Agreement 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. It is under- 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 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. -5- 1 (11) COMrORIUTY TO LEGAL REQUIREMENTS The Consultant shall cause the recommendations to conform to all applicable requirements of lav/: Federal, State and local, to all requirements of all bodies formed under Federal, State or local lav/ whose approval must be obtained. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year first above written. 10 CONSULTANT CITY OF CARLSBAD 11 12 13 BY DONALD C. PACKARD, Mayor 14 15 16 TITLE:17 18 19 20 21 22 23 24 25 26 27 28 -6- EXHIBIT A DUTIES OF THE CONSULTANT Task 1 - Administration and Liaison (duration of project) The intent of this task is to coordinate work of the Consultant and to provide opportunities for Consultant and City interaction. Task 2 - Reconnaissance (1% weeks) The intent of this task is to-collect data related to the project, some of which is identified in Exhibit B. This segment of the scope of services involves both document reviews and interviews. Interviews with representatives of various public agencies, public services and special districts will be important to understanding the City's growth potential arid constraints. Document review, coirbined with interviews, will raise questions regarding the assumptions used in the City's population projections, service projections, and public facility management system. Meeting: Consultant will meet with the planning staff to review questions' raised and to consider appropriate criteria for minimum levels of service. Task 3 - Assessment of Present Levels of Service (2 weeks) The intent of this task is to analyze' each of the ten identified public services in terms of their existing levels of service. Concurrently, some determination of appropriate levels of ser- vice will be made in terms of adequacy of service and incidence of cost. Work Product: A technical memorandum will be prepared documenting the above analyses and providing a comparison between existing levels of service- and the appropriate levels of service for each public service. The memorandum will indicate which services are approaching a minimum acceptable level of service and Vliich still have available remaining capacity. Task 4 - Assessment of Future Levels of Service (4 weeks) The intent of this task is to determine the future public service demand in light of the City's growth potential and the ability of the City to provide the services to meet the demand. In order to carry out this taskr Consultant will determine an adjusted growth potential for the City based on general plan land use and constraints identified by the City Council. Two different scen- arios to attaijiing this adjusted growth potential will be con- sidered: one, a continuation of the current growth pattern with development occuring.on an unregulated time frame; and two, a growth pattern that reflects efforts to manage the timing and location of development. For each alternative scenario, asso- ciated costs of providing services and facilities will be identified. Work Product: A technical memorandum will be prepared describing the two scenarios in textural and graphic form and discussing the determination of the adjusted growth potential. Meeting: Consultant will meet with planning staff to review adjusted growth potential and constraints analysis and to con- sider appropriate•formulas for each public service. Task 5 - Development and Recommendation of interim Growth Management Program (5 weeks) The intent of this task is to recommend 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. Consultant, will review the policy and fiscal implications of the two alternative growth scenarios and recom- mend the most logical future growth pattern for the City and its sphere of influence. A formula for each identified service which will enable City staff to determine if a given request for that service can be adequately met will be developed. A program will be proposed whereby the City can provide and dis- tribute public services in a timely manner in anticipation of future development. The program will include some weighing of the relative importance of providing the public services, appro- priate levels of service, externalization of costs, and implica- tions for other public policy. The program will also be developed to allow the City to modify it to address other concerns that will emerge, as the City undertakes its general plan review and final growth management program. -2- Vfork Product: A preliailnary report recoirirnending an Interim growth management program based on an analysis of public ser- vices demand and availability. Consultant will submit ten (10) copies of the preliminary report for staff review and comment. Meeting: Consul tent will rreet with the planning staff to review tlie standard formulas and to consider the mechanics and implica- tions of the interim growth management, program. Task 6 - Evaluation of the City's Public Facilities Management System (3 weeks) The'purpose of this task, is to evaluate the adequacy of the City's existing public facilities management system and public facilities fee ordinance in light of the findings from Tasks 2 through 5. It will be undertaken simultaneously with Task 5. The public faciliti.es fee ordinance which relies upon a charge to be used for provision of public services, will be revised and incorporated as part of the interim growth management program developed under Task 5. Task 7 - City Review (l^sweeks) The purpose of this task is to allow the City to review and comment on the Consultant's'preliminary report. Comments will be prepared and submitted to the Consultant within ten (10) days of the receipt of the preliminary report. Meeting: Consultant will make two (2) formal presentations, one to the Planning Commission and one to the City Council, on the preliminary report. Task 8 - Preparation of Final Report (3 weeks) The purpose of this task is to prepare a final document which incorporates, as appropriate, tlie City's comments. Consultant will prepare twenty (20) bound copies of the final report and submit them to the Planning Director within ninety (90) days of the date of the agreement, provided that there are no delays beyond the Consultant's control.^ Work Product: Consultant will submit twenty (20) bound copies of the final report recommending an interim growth management program to the Planning Director. -3- Meeting: The Consultant will make two (2) formal presen- tations, one to the Planning Commission and one to the City Council, on the final report. I'-IOTE: The times indicated for each task, axe estimates and do not run consecutively. The entire program, including all eight tasks, will be performed within the ninety (90) day period. EXtiluiT "B MVrTC^ AVAII/vELE TO TEE CV^ULT The following data relative to the Public Services Analysis is available to the Consul tant at the Carlsbad Planning Deportment: 1. Analysis of the General Plan Growth Potential (1979) includes - Maximum dwelling units and population - Ilaximum square footage of potential industrial uses (plus existing) . - Maximum square footage of potential commercial uses (plus existing) . 2. Public Facility Element of the General Plan. 3. Public Facility Fee Ordinance (1979). 4. Capital Improvement Program. 5. Growth Management Programs of other communities. 6. Existing levels of public service. 7. Identified minimum public services. a. Water b. Sewer c. Police Protection d. Fire Protection e. Street (Circulation) f . Drainage g. Schools h. Parks and Recreation i. Library j . Physical Administration Facilities 8. - City I laps 9. Special District Maps.