HomeMy WebLinkAbout1986-06-10; City Council; 8429-1; CONSULTANT SELECTION TO PERFORM THE GOLF COURSE FEASIBILITY STUDYAB# t?r27-e/
MTG. 6/10/86
DEPT. p & R
TITLE: D'EPT. t
CITY A1
CITY M
CONSULTANT SELECTION TO PERFORM
THE GOLF COURSE FEASIBILITY STUDY
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RECOMMENDED ACTION:
City Council adopt Resolution No. E66 approving an agreemen
with Economics Research Associates (ERA) to conduct the Golf
Course Feasibility Study for the Macario Canyon/Agua Hedionda
south shore and authorizing the transfer of $25,000 to fund
this study.
ITEM EXPLANATION:
At the City Council meeting of December 3, 1985, Council adopte agenda bill 8429 and directed staff to proceed with the Golf Course Feasibility Study. Thirty two Request for Proposals for
the study were distributed, with six responses being returned
by the deadline date of February 28th, 1986.
A selection committee consisting of Parks and Recreation Commissioners Jim Popovich and Cathy Regan, the Parks and Recreation Director, Park Planner and Administrative Assistant was formed to review and evaluate each firm's written and oral
presentation.
After an extensive evaluation, the selection committee conclude
that Economics Research Associates was the firm that could most
appropriately conduct the Golf Course Feasibility Study for the
City of Carlsbad. ERA not only rated highest in terms of re- view and evaluation, but was also one of two firms responding with the lowest bid. At the May 19, 1986, Parks and Recreation Commission meeting, the Commission endorsed ERA to perform the feasibility study.
The scope of work to be conducted by ERA shall include, but is not limited to:
1. A determination of whether there is sufficient need and
2. If the selected site can accommodate a public golf facility
3. If there would be interest from private developers to build
demand for a public golf course.
and operate a public facility on City owned or leased land
on a long-term lease agreement with monitory guarantee to the City.
If it Fs'"economical1y feasible for such a facility to be
built and operated by private developers.
which may be appropriate within the study area.
testimony on the analysis at all public meetings and
hearings; make all reports necessary to comply with the
requirements of the approved scope of work.
4.
5. Address the issue of additional recreational facilities
6. Appear and be prepared to answer questions and prepare
a Agenda Bill # m ?-&I
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FISCAL IMPACT:
The transfer of $20,000 from Account No. 001-840-4121-2111 (Vehicle Maintenance - Park Operations) and $5,000 from Account No. 001-840-4132-1300 (Part-Time Salaries - Recreation Fee Supported) to Account No. 001-840-4110-2470 (Professional Services - Parks Administration) will be necessary to provide funding for this study. Upon the approval of this transfer, unencumbered funds in the amount of $25,000 will be available
in Account No. 001-840-4110-2470.
EXHIBITS:
1. Resolution No. -04
2. ERA authorization to proceed.
3. Consultant agreement.
4. List of consultants responding to City R.F.P.
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RESOLUTION NO. 8606
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) , TRANSFERRING FUNDS,
AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
ERA TO CONDUCT A GOLF COURSE FEASIBILITY STUDY
WHEREAS, the City of Carlsbad has requested Requesl
for Proposals for a Golf Course Feasibility Study; and
WHEREAS, a selection committee was formed to evalu(
the oral presentation of each firm's proposed study; and
WHEREAS, the transfer of funds in the amount of
$20,000 from Account No. 001-840-4121-2111 and $5,000 from
Account No. 001-840-4132-1300 to Account No. 001-840-4110-
is necessary to provide funding for this study.
WHEREAS, upon such transfer, unencumbered funds in
the amount of $25,000 are available in Account No. 001-840
4110-2470 for the purpose herein stated;
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad as follows:
1. That the above recitations are true and correc
2. That the City Council hereby approves and autk I
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the Mayor to sign the agreement with Economics Research
Associates to perform the Golf Course Feasibility Study: i
3. That the transfer of $25,000 to fund the stud1
is hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting (
the City Council of the City of Carlsbad, California, held (
the 10th day of June I 1986, by the following vote, to w
AYES : Council Members Casler, Lewis, Kulchin, Chick
and Pettine
NOES: None
ABSENT: None
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‘1 fik 6- AL@HA L. RAUTENKRANZ, Ciy Clerk
(SEAL)
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We hope to have the opportunity to work with you and appreciate thc
opportunity to submit this proposal,
or comments.
Please call if you have any questior
Respectfully submitted,
L1 n /tL$ ___~ /J! Gene P. Krekorian
Senior Vice President
GPK/skc
Enclosures
ACCEPTED : DATE :
ACCEPTED : DATE :
Exhibit
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AGREEMENT
THIS AGREEMENT is made this 10th day of June , 1986
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and ECONOM:
RESEARCH ASSOCIATES, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY, has .entered into an agreement for the
preparation of a Golf Course Feasibility Study of a portion of
the Macario Canyon and South Shore Agua Hedionda Lagoon Area of
the City of Carlsbad; and
WHEREAS, the CONSULTANT has the qualifications to prepare
the required Golf Course Feasibility Study; and
WHEREAS, it is understood that the CONSULTANT shall be
an independent contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenant!
and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
CONSULTANT shall prepare a Golf Course Feasibility Study
for portions of the Macario Canyon and South Shore Agua
Hedionda Lagoon Area of the City. In carrying out this
obligation the CONSULTANT'S duties shall include the
following:
(a) The CONSULTANT shall determine if (1) there
is sufficient need and demand for a public golf
course; (2) the site selected can accommodate a
public golf facility; (3) there would be interest
Exhibit 3
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from private developers to build and operate
a public facility on City owned or leased land
on a long-term lease agreement with a monitory
guarantee to the City; (4) it is economically
feasible €or such a facility to be built and
operated by private developers.
(b) The CONSULTANT shall also (1) appear and be
prepared to answer questions and prepare testi-
mony on the analysis at all public meetings and
hearings; (2) make all reports necessary to
comply with the requirements of the approved
scope of work.
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as pro-
vided for in this agreement.
The CITY will make available to the CONSULTANT any
documents, studies, or other information in its
possession related to the proposed project.
(b)
(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
days prior to the effective date of the termination. In
event of termination all finished or unfinished documents
and other materials prepared pursuant to this agreement sha:
become its property. Upon termination for reasons other
than breach of this agreement CITY shall pay CONSULTANT
the reasonable value of the services completed to the date
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of notice of termination.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled by the CONSULTANT under this agreement shall not be
made available to any individual or organization by the
CONSULTANT without the approval of the CITY.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF GOLF COURSE
FEASIBILITY STUDY AND OTHER MATERIALS
All documents and materials prepared pursuant to this agree.
ment are the property of the CITY. The CITY shall have the
unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, or
other materials prepared under this agreement.
(6) PAYMENT
The CONSULTANT will be paid a maximum of $25,000.00 dollars
for all work necessary to carry out the requirements of thi:
agreement. As identified in the Request For Proposal by tht
City of'carlsbad, and as responded to by the CONSULTANT'S
proposal to conduct a Feasibility Study for a Proposed
Public Golf Course within Macario Canyon Park.
shall be paid sixty percent of the compensable services
completed within 15 days after receipt of his invoice for
the completion of the draft Golf Course Feasibility Study ii
accordance with Paragraph 1 above. The CONSULTANT will be
paid the remaining forty percent upon acceptance by the CIT'
of the final Golf Course Feasibility Study from the
CONSULTANT.
The CONSULT1
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This final percent will be paid not to exceed the maximum
amount provided in this agreement within thirty days after
receipt of invoice.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this
agreement. The time requirement to complete the proposed
scope of work, including preparation of the necessary
graphics and the final report is 90 days (or less) from
the date of authorization for CONSULTANT to proceed.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agree-
ment is in the sum of $25,000.00 which amount is estimated
to be sufficient to compensate the CONSULTANT for all
services performed hereunder during the terms of this agree.
ment. In the event at any time it appears to the CONSULTAN'
that the said sum may not be sufficient, he shall immediate
so notify the Parks and Recreation Director. He will not
perform any work or incur any obligation beyond said sum
of $25,000.00 without appropriate amendment to this agree-
ment.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited
by the CONSULTANT or the CITY and informal consultations
indicate that a change in the conditions of the contract is
warranted, the CONSULTANT or the CITY may request a change
in the contract. Such changes shall be processed by the
CITY in the following manner. A letter outlining the requi
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changes shall be forwarded to the CITY or CONSULTANT to
inform them of the proposed changes along with a statement
of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental
agreement shall be prepared by the CITY and approved by the
City Council. Su'ch supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the CONSULTANT or the
CITY shall be ordered by the City Manager who will inform a
principal of the CONSULTANT'S firm of the necessity of such
action and follow up with a supplemental agreement covering
such work. The lump sum amounts detailed in this agreement
shall be adjusted for changes, either additive or deductive,
in the scope of work.
(10) HOLD HARMLESS
The CONSULTANT will indemnify the CITY against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by CONSULTANT of this agree-
ment, including the defense of any action arising therefrom.
CONSULTANT will reimburse the CITY for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by CONSULTANT of
this agreement.
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( 11 ) MAINTAIN INSURANCE
CONSULTANT shall, at all times that this agreement is in
effect or the premises are occupied by CONSULTANT, cause to
be maintained in force and effect an insurance policy or
policies which will insure and indemnify both CITY and
CONSULTANT against liability or financial loss resulting
from injuries occurring to persons or property in or about
the premises or occurring as a result of any acts or activil
of CONSULTANT. The liability under such insurance policy
shall not be less than $100,000 for any one person injured
or $300,000 for any one accident and $50,000 for property
damage. The policy shall be written by a responsible
company or companies to be approved by CITY, and shall be
noncancelable except on ten days written notice to CITY.
Such policy shall name CITY as co-insured and a copy of
such policy shall be filed with the CITY.
( 12) INDEPENDENT CONTRACTOR
CONSULTANT in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of tht
CITY by reason hereof, and that he will not by reason hereo.
make any claim, demand, or application to or for any right
or privelege applicable to an officer or employee of the
CITY including, but not limited to, workmen's compensation
coverage, unemployment insurance benefits, social security
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coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign this contract or any part
thereof or any monies due or to become due thereunder
without the prior written consent of the CITY.
( 14 ) SUBCONTRACTING .
If the CONSULTANT shall subcontract any of the work to
be performed under this contract by CONSULTANT, 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 contract shall
create any contractual relationship between any subcontract(
of CONSULTANT and the CITY. The CONSULTANT shall bind ever]
subcontractor and every subcontractor of a subcontractor by
their terms of this contract applicable to its work unless
specifically noted to the contrary in the subcontract in
question approved in writing by the CITY.
( 15 ) PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity
on behalf of the CITY to negotiate, make, accept or approve
or take part in negotiating, making, accepting or approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become di-
rectly or indirectly interested personally in this contract
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or in any part thereof. NO officer, employee, architect,
attorney, engineer or inspector of or for the CITY who is
authorized in such capacity and on behalf of the CITY to ex-
ercise any executive, supervisory or other similar functions
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract
or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent c
employee of the CITY, either before, during or after the exec
tion of this contract, shall affect or modify any of the tern
obligations herein contained, nor such verbal agreement or cc
sation entitle the CONSULTANT to any additional payment whats
under the terms of this contract.
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
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C~NS~JLTAE~~ v
ATTEST : -- .. dl&%- 4- ALETHA RAUTENKRANZ, City Cl&k
AyMVED A TO FORM: 7
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Responses to the City of Carlsbad's
Request for Proposal for the Golf Course Feasibility Study
Economics Research Associates - $25,000
10960 Wilshire Boulevard
Los Angeles, CA 90024
The Planning Center - $25,000
240 Newport Center Drive Suite 215 Newport Beach, CA 92660
William Sherman Company - $33,000
880 Las Gallinas San Rafael, CA 94903
Laventhol & Horwath - $28,000 - $32,000
3699 Wilshire Boulevard
Los Angeles, CA 90010
David R. Keltner & Associates - $35,750
577 2nd Street
Encinitas, CA 92024
Florian Martinez Association - $43,750
13132 Newport Avenue
Suite 110
Tustin, CA 92680
Exhibit 4