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HomeMy WebLinkAbout1980-12-18; City Council; 6140-2; CONTRACT LA COSTA ECONOMIC REPORT% 0 * % CITY GF Cf"\F\LSt7,i\D . ___ I- ----I ITlAL AGCN3J BILL i'JO. p*L.Hd. && Cty . At-ty. 1) i"l November 18, 1 --- ___----.--- ' DATE : DEPARTMENT: -__--- Planning Department -- CtY 0 flv.p+2l --- - --I ____ -------.-- SUBJECT: CONTRACT LA COSTA ECONOMIC REPORT ________ i__- __ ______ --".-.-.-..------- >,T/\.TTf'IFr\!T OF THE Vq?TER ____.I- --- _1 In January of 1977, the City Council approved an agreement between the City and Angus McDonald for the provision of an economic impact report for the La Costa Master Plan. The contract was for 33,190.00. the expenditure of $27,283.41 work was halted by La Costa. At that the there, was $5,906.56 remaining in the account. In mid-1980, La Costa authorized the consultant to resume work which was tantarmi to the consultant starting over. amended by adding $19,614.00 to the original contract total of $33,190.00. new economic impact report will cost La Costa approximately $25,500 (19,614.00 + 5,906.56). bulk of the funds into a trust account with the City. Fiscal Impact Tktere will be no fiscal mct to the City because the La Costa Land Capany is providing the funding. EXHIBITS After about eight mnths work and The consultant requested. that the contract be The La Costa is aware of this amendment and has already deposited the Resolution No. 93 Resolutjon No. 4082 and Existing Contract with Angus McDonald FECOimATION It is recommended that the Council adopt the attached Resolution No. 6J&p L9 authorizing the mayor to sign a agreement revising the contract with McDonald. Counci 1 Action: 11-18-80 Council adopted Resolution 6364, authorizing the Mayor to sign an agreen revising the contract with McDonal d. '71 3i 4 51 61 7 8 9 10 11 IC? n CI'i'y OF' CARLSEAD ; CALIFOR?JIA, A?PROVIMG AfJD ?.?c DOT~JALI! $ND GREFE FOP, COl\!SUT,'?IPJG SE;I<?J:[CES TO I'E~VIE~ AN ECONOblIC II.IDACT . A>: ~~Rl3?.;Z!<T' EETWBN TIIE CITY OF' CARLSEAD I I ---_ REPOR'T @>J THE LA COSTh !aSTEp. PYAAN. I TY,~ City Cognci', of the City of Carlsbad: California, hereby resolve as follows: 1. That that. certain zgreement between the City of C and McEonald and Graze for consulting.services to provide E use and. public facilities Economic Impact Report on the-La . Master Plan, a copy of which is attached hereto marked Exh: I \ and nade a part hereofs is hereby approved. < .fa Sggd 16 LIIENG 20 $ =* >+ -I u 17 6uQ wv PASSED, APPROVED AND ADO?TED at a regular meeting of City Council of the City of Carlsbad, California, hei!d on I 21 22 PBSEPJT: Councilwoman Cas? er y~ yc dd2exy v&-- ,/I 6Gi)d ROBER'J C, FP.AZE~~ 7' r 23 24 27 25 26 28 1 ATTEST: -L mI GA>;cy .+,& tg @.J crdr E .. &?La4*,. AD~KS L City Tlerlc 1 $"? -?pCzpfE 2; J I/ (SEAL') JEB 0 1 1977 I ClTY OF CARLSBA . Planning ~~~~e~~~ .. I -1 .. '. AGREEMENT FOR CONSULTING SERVICES TO PROVIDE A LAND USE AND PUBLIC FACILITIES ECONOMIC IMPACT ANALYSIS OF THE RANCHO LA COSTA MASTER PLAN - I THIS AGREEMENT made and entered into this 18th day of January , 1977 , by and between the CITY OF CARLSBAD, a rnunici corporation of the State of California, hereinafter referred to "City", and McDonald & Grefe, Inc. , 303 Sacramento Street, San Francisco, California 94111, hereinafter referred to as "Consul WITNESSETH: WHEREAS, the City desires ts evaluate the land Use & Publi Facilities Economic Impacts of the Rancho La Costa Master Plan; WHEREAS, Consultant presented to the City a proposal datec October 20, 1976, to evaluate these economic impacts; and WHEREAS, the City desires to employ Consultant to provide necessary consulting services to undertake said study, d NOW, THEREFORE, in consideration of the mutual covenants i agreements contained herein, the parties hereby agree as follos 1. SCOPE OF CONSULTANT SERVICES. The Consultant shall pi professional services necessary for the completion of the Land and Public Facilities Economic Impact Analysis of the Rancho Li Master Plan as described in Tasks 1 through 7 of Consultant's 1 of October 20, 1976, which task descriptions are attached here Exhibit "A" and incorporated herein- by this reference The findings of the Consultant study shall be documented final report which will include a clear summary of the Broad e base of the North County, the limitations of the methodologies the key issues to be resolved by the Planning Commission/City and the basic conclusions and/or recommendations of the study. \‘ \. ”. \ A draft final report shall be submitted to the City for comment The final report will be submitted in thirty-five (35) copies. 2. PROGRESS AND COMPLETION. Consulting services as provi herein shall begin promptly following written authorization by City. be in accordance with the following schedule: Completion of Tasks 1-7 as described in paragraph I abo\ Event Completion Date (weeks offer authori; Task I: Develop alternative analysis framework 1 Task 11: Market estimates 5 Tasks 111 & IV: Public Services cost estimates 8 Task V: Revenue Estimates 10 ‘ Tasks VI & VI1 (Portion): Draft Report 12 Task VI1 (Remainder): Final Report 15 3. COMPENSATION. Fees for consulting services proyided I graph 1 above shall be determined on the basis of the professi service rates listed below, and by the direct nonsalary costs inafter defined, except that the total fee for consulting serv I shall not exceed the guaranteed maximum fee given in paragraph 1 1 A. Professional services shall be compensated at applica i hourly professional rates according to the following schedule: I ; 1 1 P ! j Consultant Hourly Rate E i i A. N. McDonal d 855 W. Zion $35 $30 E. Chase W. Kent $20 5 3 1 1 I i B. Direct nonsalary costs shall include the following: Services directly applicable to the work such as computer and programming costs associated with analysis for the projeci j -2- '. b mercial printing and binding, the use of an engineering subcont I to produce capital estimates, and similar costs that are not ap to general overhead; Identifiable communication expense such as distance telephone, telegraph, cable, express charges and posta other than for general correspondence; Living and travelfng exF of employees when away from home offices on business connected the work, except for automobile travel which shall be at the ra 15 cents ,per mile. 3. < P 4. GUARANTEED MAXIMUM FEE. The guaranteed maximum fee fr sulting services described in Paragraph I, Tasks 1-7, shall be $33,190.00. 5. PAYMENT OF FEES. Charges determined on the basis set in paragraph 3 above shall be billed on a monthly basis on or I the 15th day of each calendar month following any month in whii sultant performs services. Invoices shall contain the follow<. (I) Each item OS: direct salary costs showing the number of' ho ed by each person for whom a charge is made, together with the of the work performed, (2) each item of direct nonsalary costs precise proportion of each invoice attributable to overhead an and (4) an itemization of any miscellaneous consulting service dered containing the data set forth in (l), (2) and (3) above, which are not disputed in writing by the City and which are mo 90 days past due shall be subject to interest charges at the r seven percent per annum. Payment of fees may be withheld by t for costs incurred on Tasks not completed according to the sck set forth in paragraph 2, until such tasks are completed. a 6. CONTRACT SUPERVISION. While Consultant is undertakir performance of the aforementioned study, contract performance -3- .. .. '0 a . ~ supervised on a day-to-day basis by a Project Manager assigned City. 7, RESPONSIBILITY OF THE CONSULTANT. The Consultant is e herein to render a professional service only and any payments IY him are compensation solely for such services as he may render recommendations he may make in the course of the project. The sultant makes no warranty, either expressed or implied, as to h findings, recommendations, or professional advice other than th promulgated in accordance with the terms of this agreement. 8. EQUAL EMPLOYMENT OPPORTUNITY. The Consultant shall no criminate against any employee or applicant for employment beca race, color, religion, sex or national origin. The Consultant take affirmative action to ensure that applicants are employed that employees are treated during employment, without regard tc race, color, religion, sex, or national origin. Such actions s include, but not be limited to, the following: Employment, upc demontions or transfers, recruitment or recruitment advertisin: offs or terminations, rates of pay or other forms of compensati selection for training including apprenticeship, and participat recreational and educational activities, The Consultant agree: in conspicuous pl aces avai 1 ab1 e to employees and appl i cants for ployment notices to be provided setting forth the provisions 01 .? non-discrimination clause. The Consultant shall, in all solici or advertisements for employees placed by or on behalf of the ( state that all qualified applicants will receive consideration employment without regard to race, color, religion, sex or nat- origin. The Consultant shall cause the foregoing provisions tc inserted in all subcontracts for any work covered by this Conti -4- ! .. b w . that such provisions will be binding upon each subcontractor pr that the foregoing provisions shall not apply to contracts or s contracts for standard commercial supplies or raw materials. 9. CONSULTANT'S QUALIFICATIONS. At all times while any w subject hereto is in progress, Consultant shall be, and remain, to conduct business in California and shall have a corporate of responsible charge of such work. Such officer shall be one who authorized to make and enter into any and all agreements, and t . responsible for any and all things to be performed by Consultar under. 10, WORKMEN'S COMPENSATION INSURANCE. Consultant shall F and maintain at a17 times during this agreement Workmen's CompE Insurance in conformance with the laws of the State of Califorr of the Federal laws where applicable, and be unlimited as respe Employer's Liability Insurance. 11, CHANGES IN SCOPE OF PROJECT. If conditions beyond tl trol of the Consultant necessitate a change in scope of the prc after work under paragraph 1 above has commenced, the guarante imum fee shall be adjusted as follows: (I) Increased or decri in proportion to the net change in the estimated cost of the p and (2) increased by the amount of charges for any work accomp to the date of change in scope which cannot be incorporated in changed project. 12. SUSPENSION OF SERVICES OR TERMINATION OF AGREEMENT. for any reason, may be written notice postpone or suspend all part of the consulting services authorized under this agreernen written notice may terminate the entire agreement. In the eve such suspension or termination, consultant shall have the rigt expend additional time to assemble the work in progress for tb c; .- 2 of properly closin5 pi the job. Such additional Q ime shall not ex I- >.. ten percent of the total time expended on the portion of the pr 1 i * affected by such notice or suspension or termination before the ceipt thereof. In the event that suspension of services exceeds twelve ma in duration, the Consultant mayo by not less than thirty day's terminate this agreement as it applies to the suspended portion project. 13. STATUS OF CONSULTANT. The Consultant shall perform f services provided for herein in its own way as an independent c and in the pursuit of its independent calling, and not as an en of the City; and it shall be under the control of the City on14 the result to be accomplished, and the personnel assigned to tt The personnel assigned to the project by Consultant shall be tt under Paragraph 3, above. 14. OWNERSHIP OF DOCUMENTS. All plans, studies, compute! outs and software, specifications and estimates supplied? as hi required, are the property of the City. In the event this con terminated, all plans, studies, computer printouts and softwar ifications and estimates shall be delivered forthwith to the C 15. HOLD HARMLESS AGREEMENT. The City, its agents, offi employees shall not be liable for any claims, liabilities, pen fines or for any damage to goods, properties or effects of any whatever, or for personal injuries to or death of them, or any caused by or resulting from any act or omission of Consultant, agents, employees or representatives; Consultant further agree demnify and save free and harmless the City and its authorized officers and employees against any of the foregoing liabilitie -6- - * - .( .- * e e . claims therefor, and any cost and expense that is incurred by tht on account of any claiim therefor. 16. ASSIGNMENT OF CONTRACT. The Consultant shall not assi! contract or any part thereof or any monies due or to become due under without the prior written consent of the City. 17. SUBCONTRACTING. The use of any subcontracting in the formance of the work {shall require the approval of the Project M If the Consultant subcontracts any of the work to be performed u this contract by Consultant, the Consultant shall be fully respo to the City for the acts and omissions of its subcontractor and persons either directly or indirectly employed by its subcontrac it is for the acts and omissions of persons directly employed by Nothing contained in this contract shall create any contractural lationship between any subcontractor of Consultant and the City. Consultant shall bind every subcontractor and every subcontractc a subcontractor by the terms of this contract applicable to its unless specifically nioted to the contrary in the subcontr:ct in approved in writing by the City. 18. PROHIBITED INTEREST. No official of the City who is orized in such capacity and on behalf of the City to negotiate, accept or approve, or to exercise any executive, supervisory or similar functions in connection with the performance of this co shall become directly or indirectly interested personally in th tract or any part thereof. 19. NOTICES. A11 communications relating to the day-to-d activities for the project shall be exchanged between the City’ ject Manager and Consultant’s Project Manager, who will be desi -7- i by the representative parties promptly upon C hereunder. ?b .. . *I' 1. .. encement of serv All other notices and communications in writing required or mitted hereunder may be delivered personally to the respective r resentatives of the City and Consultant set forth below, and in event, the same shall be deemed given to the party receiving thi as of the date of such delivery, or any such notice or written 1 nunication may be mailed by United States mail, with first clast age fully prepaid, adldressed as hereinafter provided in which e the same shall be deemed delivered forty-eight (48) hours after posit in the United States mail. Until changed by notice in wr all such notices and communications shall be addressed as follo 20. VERBAL AGREEMENT OR CONVERSATION. No verbal agreemen conversation with any officer, agent or employee of the City, E before, during or after the execution of this contract, shall i! or modify any of the terms or obligations herein contained, nor verbal agreement or conversation entitle the Consultant $0 any itional payment whatsoever under the terms of this contract. 21. SUCCESSORS OR ASSIGNS. Subject to the provisions of graph 12 above, all terms, conditions and provisions hereof sh, to and shall bind each of the parties hereto, their and each 0' respective heirs, executors, administrators, successors and as 22. EFFECTIVE DATE. This contract shall be effective on the day and year first written. -8- I !A .- 1 >e ‘2) c .’ IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California ATTEST: BY \ yZd“r”-- Ma ga et E. Adams City lerk MCDONALD & GREFE, INC, r BY&/ .nm.Ed P- - BY APPROVED AS TO FORM: .? ‘Vg- 1 y*I/ q f-9- Vin-cent‘ F‘. BiOrbd8’ VI City Attorney AM: ar ! 1 i i I ‘i 1 1 4 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 2 'I 28 41 e 8 RESOLUTION NO. 6364 --- A RESOLiJTTOI.7 OF THE CITY COUNCTL OF THE CTT!! OF CARLSBAD, CALIFORNIA, AMENDING EXHIBIT A itlAXIMUM FEE BY AN ADDITION OF $ 19,614.013 FOR PROVISION - OF AN ECGTU'OMIC RETORT FijX LA COSTA. WHEREAS, the City of Carlsbad executed an agreement wltk OF RESOLUTIOZ? NO. 4 3 8 2 CHANGING THE GUARANTEED Angus McDonald on January 18, 1977 (Exhibit A of Resolution No. 4082); and WHEREAS, additional. funds totaling $19,614.00 are requh to complete said econoxic report. NOW, THEREFORE BE IT RESOLVED that Section 4 of Exhibit A of Resolution No. 4082 be amended to show the guaranteed maximum fee as $52,804.00 (an increase of $19,614.00). PASSED, APPROVED AND ADOPTED at the regular meeting of City Council of the City of CarksSad, California, held on thc 18th day of November, 1930, by the following vote, to Wit: Council Members Packard, Casler, Anear, Lewis and Kulchi AYES : NOES : None ABSENT: None @(![HA ( 1 A3tL. fi *- L/ lbc &, +Y RONALD C. PACKARD, Mayo CITY CF CARZSBAD ATTEST: ALETiIA -f- HA. i 54 hzAdJ-b L. RRUTENKPJiNZ , City Clspk CITY OF CARLSBAD