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.