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HomeMy WebLinkAbout1980-12-02; City Council; 6340-1; Consultant Recommendation Parks & Rec Macario Park••-,««*' ^ CITY OF CARLSBAD / x 6 /) ~L iL I Initial: AGENDA BILL NO. Qr 3 */0 - ^iJL*f&pJu-*+ *-, T *** / Dept. Head DATE: December 2, 1980 ' Clty Atty- City Mgr. DEPARTMENT: Parks and Recreation Subject: CONSULTANT RECOMMENDATION - PARKS AND RECREATION ELEMENT/MACARIO CANYON.PARK PLAN Statement of the Matter The City Council directed staff to request proposals from consultants to update the Parks and Recreation Element of the General Plan and to prepare a preliminary development plan for Macario Canyon Park. Ten proposals were received (see Exhibit 2) with bids ^ ranging from $45,000 to $80,000. A preliminary screening committee recommended six consultants to the final selection board and reference investigations were conducted. The selection board, consisting of Mary Casler, Raul Tarango, Bill Baldwin, Jim Hagaman and Dave Bradstreet, interviewed the six consultants on November 19, 1980. The board unanimously recommends the firm of Iwanaga Associates of San Marcos, Cal- ifornia for the reasons stated in Exhibit 1. . Fiscal Impact . Iwanaga Associates bid $62,000 for this project; however, staff was able to negotiate a revised bid.of $57,500. City Council has-already budgeted $18,000; therefore, addi- tional funds of $39,500 will need to be appropriated. Exhibits 1. Memorandum to City Manager dated November 24, 1980. 2. Bid Summary Sheet. Recommendation That the Council approve the committee's recommendation and direct staff to return with appropriate documents. Council Action: ' • 12-2-80 Council approved the committee's recommendation and directed staff to invite the firm to a Council joint workshop with the Parks and Recreation Commission on December 9, 1980, at 6:00 P.M. ' W MEMORANDUM --„.»•> TO: FRANK ALESHIRE, City Manager FROM: David Bradstreet, Parks and Recreation Director DATE: November 24, 1980 SUBJECT: CONSULTANT - PARKS AND RECREATION ELEMENT/MACARIO PARK PLAN Background On August 19, 1980 City Council directed staff to request proposals from consult- ants to update the Parks and Recreation Element and to prepare an initial develop- ment plan for Macario Canyon Park. Ten proposals were submitted with bids ranging from $45,000 to $80,000. A screening committee narrowed the consultants to six and these six were interviewed by the selection board consisting of Mary Casler, Raul Tarango, Bill Baldwin, Jim Hagaman and David Bradstreet. Recommendation The selection board recommends the firm of Iwanaga Associates to perform the studies at a contract price of $57,500. To date, $18,000 has been appropriated for this project. Discussion The selection board, after reviewing the proposals, interviewing the consultants and checking references, unanimously selected Iwanaga Associates as the best con- sultant to recommend to Council. Iwanaga's project team has proven expertise in the areas of design, fiscal planning and future maintenance and has just completed the Parks and Recreation Element for the City of San Clemente. Reference in- vestigations showed they are highly regarded in their field. Iwanaga Associate's bid was $17,000 over the lowest bid of $45,000; however, staff was able to negotiate a revised bid of $57,500, reducing the original bid by $4,500. The board strongly believes that a study having long-term effects on the City and impacting a proposed half million dollars in future parks development should go to the best responsive professional consultant. The board was impressed with the firm's concept of the City's philosophy and the strong fiscal planning staff that would be used. They proposed a revenue generation analysis and private industrial contribution to park development. They stated that the new Parks and Recreation Element would show the character of the City as determined by existing Council policy and further analysis. They showed a genuine concern for the needs of Carlsbad. In conclusion, the board found that Iwanaga Associates was the best qualified con- sultant to handle this project for the City. DB:ML:lb EXHIBIT 2 PARKS AND RECREATION ELEMENT/MACARIO DEVELOPMENT PLAN BIDS RECEIVED Consultant Bid Recreation Systems $45,000 Kater, Grina 47,600 Sedway/Cooke 48,000 Planning Center/Practice 53,480 Van Dyke/Halsey 54,000 Saito/Sullivan 55,024 Iwanaga Associates 62,000* Reynolds Environmental Group 62,000 Donald King 67,241 Wimmer/Yamada 80,000 *Revised bid after negotiation is $57,500. 1 AGREEMENT 2 THIS AGREEMENT made and entered into this day of December, 1980, 3 between the City of Carlsbad, a political subdivision of the State of California, 4 hereinafter referred to as the "City" and Iwanaga Associates, hereinafter 5 referred to as the "Consultant". 6 RECITALS 7 WHEREAS, pursuant to Government Code Section 65303(b), the City may include 8 in the General Plan a Parks and Recreation Element setting forth a comprehensive 9 system of areas and public sites for recreation, including the following, and 10 their locations and proposed development: 11 (1) Natural Reservations 12 (2) Parks 13 (3) Parkways 14 (4) Beaches 15 (5) Playgrounds 16 (6) Other recreation areas. 17 WHEREAS, the Consultant has the qualifications to prepare the Parks and 18 Recreation Element and a development plan for Macario Canyon Park, 19 NOW, THEREFORE, in consideration of their mutual covenants and conditions, 20 the parties hereto agree as follows: 21 I. DUTIES OF THE CONSULTANT 22 a. The Consultant shall (1) provide the City with a revised Parks 23 and Recreation Element to the General Plan which is consistent with all other 24 elements of the General Plan; (2) provide the City with a phased Development 25 plan for Macario Canyon Park which is consistent with the Parks and Recreation 26 Element. 27 b. The Parks and Recreation Element and Macario Development Plan 28 shall (1) meet the requirements of the National Environmental Protection Act, the 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 California Environmental Quality Act and the Carlsbad Environmental Protection Ordinance; (2) be consistent with the California State Coastal Act of 1976, City Council goals and objectives, Growth Management Study, Regional Outdoor Recre- ation Plan and Program and any other related City, County and State documents; (3) be a document so designed that the information it contains can be easily updated upon the receipt of new data; (4) be prepared in accordance with the Understanding of the Assignment, Scope of work and Work Plan and Timetable stated in the Consultant's proposal dated September 30, 1980 which is incorpor- ated as part of this agreement (Exhibit A attached) with the exception that the scope of work time will begin January 1, 1981 and extend through May, 1981; (5) be prepared in accordance with the Scope of Consultant Services outlined in the City's Request for Proposals which is incorporated as part of this agreement (Exhibit B attached). c. The Consultant will proceed with the projects in the manner de- scribed in the Consultant's proposal (Exhibit A attached) and will make no changes to the project team without the prior approval of the City Manager. n- DUTIES OF THE CITY agreement. a. The City will make payment to the Consultant as provided in this b. The City will make available to the Consultant any documents, studies, or other information in its possession related to the proposed project. c. The City will distribute and collect survey data to be prepared by the Consultant. d. The City will expeditiously schedule public meetings and meet with Consultant staff so as to meet the Consultant's time schedule. HI. TERMINATION OF AGREEMENT . The City may terminate this agreement at any time by giving written notice to the Consultant and specifying the effective date thereof, at least -2- 1 fifteen (15) days before the effective date of such termination. In that event, 2 all finished or unfinished documents and other materials prepared pursuant to 3 this agreement shall, at the option of the City, become its property. 4 In the event of termination, the City will pay Consultant for all 5 work completed to the effective date of such termination, based upon Consultant's 6 regular hourly rates and cost of materials or as otherwise provided in this 7 agreement. 8 IV. RELEASE OF INFORMATION BY CONSULTANT 9 Any reports, information or other data, prepared or assembled by the 10 Consultant under this agreement shall not be made available to any individual or 11 organization by the Consultant without the prior written approval of the City. 12 V. PAYMENT 13 The Consultant shall be paid a total sum of fifty-seven thousand and 14 five hundred dollars for work necessary to carry out the requirements of this 15 agreement. The Consultant shall be paid thirty (30%) percent of the above fee 16 within 30 days of acceptance of this contract; thirty (30% percent of the total 17 fee after completion of Phase III and a final payment of forty (40% percent 18 upon completion and acceptance by the City Council. 19 Fees for any additional services not described in this agreement 20 shall be fixed by mutual consent. Additional services may include, but are not 21 limited to the following: 22 1. Colored presentation drawings and models. 23 2. Any services made necessary by revisions or changes in the 24 boundaries of the City existing on the date this Agreement is executed. 25 VI. TIME OF COMPLETION 26 The Consultant shall have the final report ready for City Council 27 review by May 31, 1981. The City Manager may approve an extension'to this 28 deadline providing the delays -in the work were the responsibility of the City -3- C 1 of Carlsbad. 2 VII. CHANGES IN NORK 3 If, in the course of this contract and design, changes seem 4 merited either by the Consultant or from the City and informal consultations 5 with the other party indicate that a change in the conditions of the con- 6 tract is warranted, the Consultant or the City may request a change in con- 7 tract. Such changes shall be processed by the City in the following manner: 8 A letter outlining the required changes shall be forwarded to City or Con- 9 sultant to inform them of the proposed changes along with a statement of 10 estimated changes in charges or time schedule. After reaching mutual agree- 11 ment on the proposal, a supplemental agreement shall be prepared by the City 12 and approved by the City Council. Such supplemental agreement shall not 13 render ineffective or invalidate unaffected portions of the agreement. 14 Changes requiring immediate action by the Consultant or City shall be or- 15 dered by the Parks and Recreation Director who will inform a principal of the 16 Consultant's firm of the necessity of such action and follow up with a 17 supplemental agreement covering such work. 18 VIII. COVENANT AGAINST CONTINGENT FEES 19 The Consultant warrants that Consultant has not employed or 20 retained any company or person, other than a bona fide employee working for 21 the Consultant, to solicit or secure this agreement, and that Consultant 22 has not paid or agreed to pay any company or person, other than a bona fide 23 employee, any fee, commission, percentage, brokerage fee, gift, or any 24 other consideration, contingent upon or resulting from the award or making 25 of this agreement. For breach or violation of this warranty, the City shall 26 have the right to annul this agreement without liability, or, in its dis- 27 cretion, to deduct from the agreement price or consideration, or otherwise 28 recover, the full amount of such fee, commission, percentage, brokerage 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 fee, gift, or contingent fee. U. DISPUTES If a dispute should arise regarding the performance of work under this contract, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement be- tween parties. Such question, if they become identified as part of dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the consultant firm or the Parks and Recreation Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties involved. The Parks and Recreation Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten 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 office of the City Manager. The City Council may then opt to consider the directed solution to the 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. X. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Con- sultant's independent calling, and not as an employee of the City. Con- sultant shall be under control of the City only as to the result to be ac- complished and the personnel assigned to the Project but shall consult with the City as provided for in the Request for Proposal. XI. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications 1 2 3 4 7 8 9 10 13 14 15 16 17 18 20 22 23 24 25 26 27 28 to conform to all applicable requirements of law: Federal, State arid local. Consultant shall provide the necessary copies of such project drawings and specifications, together with all necessary supporting documents to be filed with any agencies whose approval is necessary, XII. 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. XIII. SUBCONTRACTING If 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 and omissions of Consultant's subcon- tractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons di- rectly 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 subcon- tract in question approved in writing by the City. XIV. 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 here- in contained nor such verbal agreement or conversation entitle the Consul - tant to any additional payment whatsoever under the terms of this contract. XV. HOLD HARMLESS AND INSURANCE The Consultant will indemnify the City against and hold it harmless 1 from all and any liability for damages on account of injury to persons or damage 2 to property resulting from or arising out of or in any way connected with the 3 negligent performance or willful misconduct by Consultant of the Agreement and 4 reimburse the City of all costs, expenses and loss incurred by it in consequence 5 of any claims, demands and causes of action which may be brought against it by 6 a person other than the City arising out of the negligent, alleged negligent 7 performance or willful misconduct by Consultant of this Agreement. It is under- 8 stood that this hold harmless provision shall not apply to any claims, demands, 9 costs, expense (including costs of defense), liability, causes of action, or 10 judgment which occur by reason of the negligence, alleged negligence, or willful 11 misconduct of the City or the City's agents, servants, or other independent con- 12 i tractors who are directly responsible to the City. The Consultants shall furnisi 13 the City with a Certificate of Insurance with the limits of at least $100,000.00 14 for bodily injuries on each occurrence. 15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be 16 executed as of the date and year first above written. 17 18 CONSULTANT CITY OF CARLSBAD 19 20., Name ''Ronald C. Packard, Mayor 21 22 23 24 25 26 27 28