HomeMy WebLinkAbout05/21/1991, C-2 - FUNDING FOR CONTINUED STAFF SUPPORT OF THE DOWNTOWN PHYSICAL CONCEPT PLAN COMMITTEE. a.1 �����1►►d����� u, FETING
� � AGENDA
�il�l►i COUNCIL AGENDA REPORTATE S-
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FROM: Arnold B. Jonas, Community Development
Director C
SUBJECT: Funding for continued staf f. support of the
Downtown Physical Concept Plan Committee.
CAO RECOMMENDATION: Approve and authorize the Mayor to execute
a contract with Crawford, Multari and
Starr in an amount not to exceed $12, 500
for continued staff support for the
Downtown Physical Concept Plan Committee.
A. DISCUSSION
1. Background
The Council Work Program for Fiscal Years 1989-1991 included
development of a physical design plan for the downtown, an item
which was assigned to the Community Development Department for
production. By Spring of 1990, it was recognized that the workload
of the Community Development Department was such that a number of
included items could not be produced within the assigned budgetary
timeframe. During a City Council worksession to reorder the
priority and timing of departmental workprogram items to facilitate
their production, it was decided by the Council to utilize
community resources for the creation of the downtown physical
design plan.
The City Administrative Officer was assigned to organize and guide
the community effort for production of the plan. Two separate
committees were subsequently established, and work was begun. A
five member technical design committee is presently engaged in
drafting the plan, with oversight and guidance from a larger review
committee composed of members of a number of city commissions,
committees, civic groups and individuals.
It was immediately recognized that the City Administrator, either
personally or utilizing his existing personnel, did not have the
resources to adequately staff the activities of either or both of
the two committees. Michael Multari was thus retained to provide
support to the planning effort.
2 . Current Situation
Since beginning work in November of 1990, the technical committee
has met weekly for two to three hours, with individual members
investing additional time on specific detailed aspects of the
matters under discussion at any given time. Joint meetings with the
larger oversight group occur approximately every four to five
weeks.
"' n�u;►I!Ililli'jlii�il! city of San 1 's OBISPO
COUNCIL AGENDA REPORT
i
In addition to the process generally taking more time than
expected, during early 1991 the committees, at the request of the
city, spent considerable time on the issue of retaining County.
office operations in the downtown area. While worthwhile to the
longterm viability and vitality of the downtown, these activities
were somewhat tangential to the primary charge of the committees
and added to the time consumed in process so far. As a consequence,
the funds originally budgeted for staff support have been totally
expended in advance of the final product being produced.
i It is highly desirable that work on the plan .continue to completion
in the present productive format. For that to occur additional
funds must be provided for continued staff support. Approximately
four months of committee work and several City Council, Planning
Commission and Architectural Review Commission meetings are
anticipated to be required to finish production of the plan.
3. FISCAL IMPACT
The initial cost for staff support was $10, 000. The additional work
noted above will cost an additional estimated $12, 500 for planning,
drafting and clerical assistance. Both prior and proposed funding
are accommodated by Community Development Department budgeting for
General Plan activities.
4. ALTERNATIVES
Alternatives to the provision of staff assistance as at present
appear to be:
a) Withdrawal of staff support for the committees, relying on the
members themselves to provide the research, graphic and clerical
support needed to complete the plan. Given that the committees are
i composed of citizen volunteers who already provide a considerable
amount of skilled free service to the community it appears
unreasonable to expect them to shoulder that additional burden.
i
b) Have city staff assume the support role for the committees. The
circumstances surrounding the original decision to utilize outside
assistance as staff to the committees has not changed appreciably.
To attempt to redirect the plan support effort to city staff at
this time would be disruptive to the flow of work from the
committees. Additionally, the production time for the downtown plan
and other significant projects for which staff is responsible would
be greatly increased.
c) Terminate work on the plan. Given. community interest in and need
for the plan this alternative appears neither practical nor
appropriate.
Attachment:
Consultant contract
1
CONSULTANT SERVICES AGREEMENT
DOWNTOWN DESIGN PLAN
This agreement, made this _ day of May, 1991, by and between the CTFY OF SAN LUIS
OBISPO, California (hereinafter referred to as "City"), and CRAWFORD, MULTARI AND
STARR, (hereinafter referred to as "Consultant").
WITNESSETH:
WHEREAS, City desires to retain certain services in conjunction with the development of a
design plan for downtown San Luis Obispo. The services being provided by this consultant
under this contract include professional planning and committee support, drafting and clerical
assistance; and
WHEREAS, City desires to engage Consultant to provide services by reason of its
qualifications and experience for performing such services, and Consultant has offered to
provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROJECT COORDINATION
a. i +. The Community Development Director shall be the representative of the City for
all purposes under this agreement. The Director, or his designated representative,
hereby is designated as the Project Manager for the City. He shall supervise the
progress and execution of this agreement.
b. Consultant. Michael Multari is hereby designated as the Project Manager for
Consultant with the overall responsibility for the progress and execution of this
agreement for consultant.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all specified services as set forth in
"Exhibit A -- Scope of Work" attached hereto and incorporated herein by this reference.
Consultant may not modify the Scope of Work without prior written consent of the
City's Project Manager.
b. Ouality Control. All instruments of service shall reflect high standards of professional
research, analysis, and written and graphic communication. The Community
Development Director or his designated representative, shall be responsible for
evaluating quality of Consultant's work and for the issuance of.consultant payments
upon satisfactory delivery, completion, and city acceptance of work.
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Consultant Services Agreement
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c. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all notices which
may be necessary and incidental to the due and lawful prosecution of the services to
be performed by Consultant under this agreement;
(2) Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or
employed under this agreement, any materials used in Consultant's performance
under this agreement, or the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned
above.
(4) Immediately report to the City's Project Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees
mentioned above in relation to any plans, drawings, specifications, or provisions of
this agreement.
d. Release of reports and information. Any reports, information, data, or other material
given to, or prepared or assembled by, Consultant under this agreement shall be the
property of City and shall not be made available to any individual or organization by
Consultant without the prior written approval of the City's Project Manager.
e. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the services under this agreement,
Consultant shall provide such additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such copies at Consultant's direct
expense.
3. DUTIES OF CITY
City agrees to cooperate with Consultant in the completion of the work described in
"Exhibit A -- Scope of Work" attached hereto and incorporated by this reference.
4. COMPENSATION
Consultant will invoice City monthly on a time and material basis for services rendered
during the prior period at rates specified in "Exhibit B" attached hereto and incorporated by
this reference.
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Consultant Services Agreement
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The Consultant may not charge more than the amount identified for each component of
work as shown in "Exhibit B" without prior approval of the City's Project Manager.
5. TIME FOR COMPLETION OF THE WORK
Meetings and presentations will occur at schedules agreed upon by the City's Project
Manager and the Consultant. The Consultant is to prepare and provide the materials to be
used at each meeting, as well as provide for meeting follow-up. The number of meetings
and the time required for each are detailed in "Exhibit B."
6. TEMPORARY SUSPENSION
The Community Development Director shall have the authority to suspend this agreement
wholly or in part, for such period as he deems necessary due to unfavorable conditions or to
the failure on the part of the Consultant to perform any provision of this agreement.
Consultant will be paid the compensation due and payable to the date of temporary
suspension.
7. SUSPENSION: TERMINATION
a. Right to suspend or terminate. The city retains the right to terminate this agreement
for any reason by notifying Consultant in writing seven days prior to termination and by
paying the compensation due and payable to the date of termination; provided,
however, if this agreement is terminated for fault of Consultant, City shall be obligated
to compensate Consultant only for that portion of Consultant services which are of
benefit to City. Said compensation is to be arrived at by mutual agreement of the City
and Consultant and should they fail to agree, then an independent arbitrator is to be
appointed and his decision shall be binding upon the parties.
b. Return of materials. Upon such termination, Consultant shall turn over to the City
immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by Consultant, and for which Consultant has
received reasonable compensation, or given to Consultant in connection with this
agreement. Such materials shall become the permanent property of City.
Consultant, however, shall not be liable for City's use of incomplete materials or for
City's use of complete documents if used for other than the project contemplated by
this agreement.
8. INSPECTION
Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of Consultant are being performed in accordance with the requirements and
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Consultant Services Agreement
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intentions of this agreement. All work done and all materials furnished, if any, shall be
subject to the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS
All original reports, maps, plans, drawings, documents and other materials prepared by or in
possession of Consultant pursuant to this agreement shall become the permanent property
of the City, and shall be delivered to the City upon demand.
10.INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of
differences in matters of judgment shall not be construed as a failure on the part of
Consultant to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS• EMPLOYEES
This agreement is for the performance of professional planning services of the Consultant
and is not assignable by the Consultant without prior consent of the City in writing. The
Consultant may not employ others to perform work associated with this contract without
prior written approval by the City's Project Manager.
12. NOTICES
All notices shall be given in writing and mailed, postage prepaid, by Certified Mail,
addresses as follows:
To City: Director of Community Development
City of San Luis Obispo
Post Office Box 8100
San Luis Obispo, CA 93403-8100
To Consultant: Michael Multari
Crawford, Multari and Starr
641 Higuera Street, Suite 202
San Luis Obispo, CA 93401
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Consultant Services Agreement
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13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of the services hereunder. Consultant further covenants that, in the
performance of this agreement, no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City.
It is expressly agreed that, in the performance of the services hereunder, Consultant shall at
all times be deemed an independent contractor and not an agent or employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its officers, agents and
employees of and from:
1. Any and all claims and demands which may be made against City, its officers, agents, or
employees by reason of any injury to or death of any person or corporation caused by
any negligent act or omission of Consultant under this agreement or of Consultant's
employees or agents;
2. Any and all damage to or destruction of the property of City, its officers, agents, or
employees occupied or used by or in the care, custody, or control of Consultant, or in
proximity to the site of Consultant's work, caused by any negligent act or omission of
Consultant under this agreement or of Consultant's employees or agents;
3. Any and all claims and demands which may be made against City, its officers, agents, or
employees by reason of any injury to or death of or damage suffered or sustained by
any employee or agent of Consultant under this agreement, however caused, excepting,
however, any such claims and demands which are the result of the negligence or willful
misconduct of City, its officers, agents, or employees;
4. Any and all claims and demands which may be made against City, its officers, agents, or
employees by reason of any infringement or alleged infringement of any patent rights or
claims caused by the use of any apparatus, appliance, or materials furnished by
Consultant under this agreement; and
5. Any and all penalties imposed or damages sought on account of the violation of any law
or regulation or of any term or condition of any permit, when said violation of any law
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Consultant Services Agreement
Page 6
or regulation or of any term or condition of any permit is due to negligence on the part
of the Consultant.
Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions,
or other legal proceedings that may be brought against or for employees on any such
claim or demand of such third persons, or to enforce any such penalty, and pay and
satisfy any judgment or decree that may be rendered against City, its officers, agents, or
employees in any such suit, action or other legal proceeding, when same were due to
negligence of the Consultant.
15. INSURANCE
The Consultant shall procure and maintain for the duration of the contract insurance which
meets the requirements of "Exhibit C — Insurance Requirements for Consultants." As
evidence of this insurance, the consultant shall provide the City with a Certificate of
Insurance and an endorsement naming the City as "Additional Insured."
16. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the
heirs, successors, executors, administrators, assigns, and subcontractors of both parties.
17. WAIVERS
The waiver by either party of any breach -or violation of any term, covenant, or condition of
this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of
any subsequent breach of violation of the same or of any other term, covenant, condition,
ordinance, or law. The subsequent acceptance by either party of any fee or other money
which may become due hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or condition of this agreement
or of any applicable law or ordinance.
18.COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this agreement brought to enforce
the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attorney's fees expended in connection with such an action from the other party.
19. DISCRIMINATION
No discrimination shall be made in the. employment of persons under this agreement
because of the race, color, national origin, ancestry, religion or sex of such person.
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Consultant Services Agreement
Page 7
If Consultant is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive
order in the performance of this agreement, it shall thereby be found in material breach of
this agreement. Thereupon, City shall have the power to cancel or suspend this agreement,
in whole or in part, or to deduct from the amount payable to Consultant the sum of
Twenty-five Dollars ($25) for each person for each calendar day during which such person
was discriminated against, as damages for said breach of contract, or both. Only a finding
of the State of California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this paragraph.
If Consultant is found in violation of the nondiscrimination provisions of this agreement or
the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be
found in material breach of the agreement. Thereupon, City shall have the power to cancel
or suspend this agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during
which Consultant is found to have been in such noncompliance as damages for said breach
of contract, or both.
20. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and Consultant
and supersedes all prior negotiations, representations, or agreements, either written or oral.
This document may be amended only by written instrument, signed by both City and
Consultant. All provisions of this agreement are expressly made conditions. This
agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and
year first above written.
CONSULTANT CITY OF SAN LUIS OBISPO
By By
Mike Multari, Principal Mayor
7
EXHIBIT "A"
SCOPE OF WORK
DOWNTOWN DESIGN PLAN
A. Introduction
The City of San Luis Obispo has retained the Consultant to assist city staff and two
committees charged with the preparation of a downtown design plan. Although not
an employee of the City, the Consultant will act as an administrative assistant to the
City Administrative Officer (CAO) in this project, performing those tasks as directed
by the CAO.
B. Nature of the Work
The Consultant will:
1. Attend Design Committee and Joint Committee meetings; help with facilitating
the meetings; assist in the development of project consensus; record and
synthesize ideas for later editing and refinement.
2. Provide graphic and clerical support for the committees by producing maps, plans
and other exhibits as needed.
3. Prepare and present, as requested, committee proposals to the Architectural
Review Commission, Planning Commission and City Council.
C. Materials and Services Provided by the City
The city will make available its maps, plans, files and reports for the consultant's use
as needed. Materials specifically noted will be returned to the City at the end of the
project.
The City's Project Manager will be available to answer the Consultant's questions
and provide information, guidance and direction as needed.
EXHIBIT B
Crawford Multari & Starr
planning • architecture • public policy
Estimated Costs for Support Services through
Completion of Downtown Physical Plan
Work will continue to be billed on a time-and-materials basis,with the following rates:
Principal: $60.00/hour
Clerical/Drafting: $30.00ihour
Materials, supplies, etc: reimbursement of the direct cost only
The following breakdown was used to estimate expected costs through completion of the plan. If
actual time is less, costs will be lower accordingly.
average time for average time for
type of meeting # preparation preparation
of and follow-up and follow-up
mtgs
(principal) (draftinaclerical)
Design Committee Meetings 12 3 hours each' 36 total 4 hours each 48 total
Joint Committee Meetings 3 6 hours each 18 8 hours each 24
ARC presentation 2 8 hours each 16 16 hours each 32
PC presentation 2 8 hours each 16 16 hours each 32
CC presentation 2 8 hours each 16 16 hours each 32
totals 102 hours 168 hours
102 principal hpurs @ $60/hour= $6120
168 draft ing,+clerical hours @ $30/hour= $5040
Total labor costs: $11,160
does not include principal attending these meetings, just preparation and follow-up: we will
provide rreeting attendance at no cost to the city.
Blue prints, copying and other production costs = $1000
Total $12,160
Note, too, that we expect the final report and graphics to be included in these costs, as part of the
meeting preparation for the commissions and the City Council.
r.41 Higuera St.. Suite 202 San Luis Obispo. CA 53401 15051 541 -3845 Fa> '8051 5='4
EXHIBIT "C
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall pro-re and ma_.%zin for the &-ztion of the coat-ac[ insurance against clairns for injuries to persons or ds-.ages to
Property chieb may a-se from or in connection wirer the pe.io.-i..anee of the tyo:k hoeundcr by the Coruultani his agents,
reprscn:atives,or cmployees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. tela-z--tce Se.ieet OPice Go.r-necia]Gertcal I�al>:liy ea,•eage(oecL-ze:t:e fare CG ODOl).
Z Lnsww=Services Offize for r.•sinbe CA DD01 (Ed 1JV)covering Automobile Lia'biliy,code] (ar.;•auto).
3. Weulcers'Cortpesxion i nuance as required by the State of Calife-:a grid Employer's L'abilir,•Lssance.
4. Eros and om ssiors liabq iruv-an:e app ox:atc to the rorsulsns's p ofession
Minimum limits of Insurance
Coarslta-u Shan mai-ttin t-::its no less that:
1. C'O=I] 7-44:01•: SI-MO-DM per os•=encs for bo:Dy e..•,peaoaal �r7• and proper}• da-.ala if Cotnrcecial Geacal
Liabili-•Lsxan:e or=t zr forst w5L'r a general a,ggzgz:e II-nit is used,eithw-the general &.-;relate limit sha]1 apply les,a-ataly
to this JT.J1eCLl0:S:i0n Cr tLle gC:7C:a] rig':Cg83e L:.1t Shall be N7Ca the reCu ed Occur— :1cC IL:.iL
2 SI.000.030 per accident Par bo.:7y injury Fuld prope-y damage.
3. En pEye's Uzb2i-:S1^?:t,OJD per e:ddea[fol bodiy iai� o:dscsse.
4. E-."and c.-tssio�s lie' 1=y.SI.0%P�0 aCr o��C-1
Deductibles and Sell-Insured Retentions
Any deductibles or self-L==ed retentions must be declared to and approved by tine Est y. At the op ion of the Enid, cit'n r the
irst_m shall reduce or et.'-:.ase s s:h de4ucdbles or self. S%ed :euticrs as respects the =-std•• its cfia.-s• officials• r.-plc%cas and
voluruer--r, or the Consul= shall ,rs:set: a bond g.a rtee_.g pre}-set; of losses and related invesclaiors, claim adreris�a tan and
drfrse expenses.
Other Insurance Provisions
The general liabsiiy and auumo'»ie liab7i-,%•policies are to eo:sim or be ende:sed in contain,the foDo%_Sp ovsions:
]. The Eriy, its offices, oPcials, c..ployees and vol••=nee:: are to be covered as iarseds as respects: liabifiry nren- out of
Activities ,xr:o.-zed by or oa behalf of Lhe Corsulaat: prod=u a-sd eom.pitied operations of the Cons•_'tF-M pier-ses owned.
occupied or used by the or cto-tob:7.
is oulsn•!, lersed• hired or borrowed by the Corsul:nt The coverage shall
coni=m s?e..al lirri:atiens on the scope of protection arfo:ded to the Enuy,its offsoe:s.0Ejeizs.employees or voluuecs.
2 For ary clairu related to this projecL the Ccrsul:z:u's L rarnice coverage shall be primary'rs Twice as respect the F--:ry is
ot'fiecs, Off"Ci4s. cnpleyees and voltm-tecs. Ary astran:e or self• st.ant mzirstained by the E.nd y, its officers, o5e.a2s,
employees or voh ataers shall be excess of:he Consultant's irsrance and shall not contribute with it.
3. Any to comply uith repo .:-sg or other proysio s of the Policies including breach: of warranties stall not Lffeet
coverage provided to the Entity,its on cers,o.Yicizs,employees or volunteers.
4. The Consultant's :sti ince shall s.?ly separately 10 each insured aga.^st whom claim is mbrought.made or suit is ought. exceptwith
respect to the lknits of the isuioa's liability.
S. Each insurw ce policy required by this clause shall be endorsed to state that coverage shall not be suspended,voided cancclied
by either party, reduced in eoverage or in limits except after thirry (30) days' prior w ittat notice by ccnLitd mail rest-n
receipt requcsud,has been.gives to the Eritiy.
Acceptability of Insurers
Luo'anee is to be placed with insurers with a current A-K Best's rating of no less than AL'IL unless otherwise acceptable to the eniy.
Verification of Coverage
Consultant shall ftirznish the Entity with original endorsements effecting coverage required by this clause. The endo:sencnts are to be
signed by a person authorized by that insurer to band coverage on its behalL The endorsements are to be on forms provided by the
Entity. All endowments are to be received and approved by the Entity before work emnmersces. As in alternative to the Entity's
forms, the Consttlast's insurer may provide complete, eerdfsed copies of all required irutranee policies, including cndorsencnts
effecting the coverage regtcred by these specifications.
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