HomeMy WebLinkAbout09/19/1995, C-7 - CONSULTANT SERVICES FOR IMPLEMENTATION OF OPEN SPACE PLAN "° �I�I�II��I I���► city O f San tUiS OBISPO MDATE:
Sept.Se t. 19, 1995
ffft= COUNCIL AGENDA REPORT 702r-8-.7
rEna N —8-.
FROM: Paul LeSage, Parks & Recreation Director
PREPARED BY: Kathy Koop, Principal Recreation Supervisor
SUBJECT: Consultant Services for Implementation of Open Space Plan
CAO RECOMMENDATION:
By motion, approve and authorize the Mayor to execute a contract with the Land Conservancy
of San Luis Obispo County in an amount not to exceed $20,000 to provide continuing assistance
to the City for property acquisition services for Open Space Implementation.
DISCUSSION:
On July 25, 1995, the City Council reviewed the Land Conservancy report, Saying Special
Ply. Staff was directed to work with the Land Conservancy of San Luis Obispo County to
develop a contract/agreement (Attachment A) for property acquisition services to coincide with
the, phased implementation of the Open Space Element.
The Land Conservancy of San Luis Obispo has been instrumentally involved in open space
implementation in San Luis Obispo. Assistance has been provided the City by the Land
Conservancy in the areas of greenbelt mapping, open space inventory, open space mapping,
public ownership inventory, acquisition opportunity evaluation, and development of the
document, Saying ,Special Places.
Submitted for review and adoption is the scope of work detailed in the letter from the Land
Conservancy (see Attachment A). A summary of the Land Conservancy proposal is outlined as
follows:
1. Cly Consensus — meetings with Staff and Council to review alternative properties and set
priorities for acquisition.
2. Landowner Contact — approach individual landowners, discuss alternative proposals in
relationship to property owners' needs.
3. Review with the City — after property owner contact, return to City Staff and Council for
final approval on priorities and offer(s) for submittal.
4. Submit Preliminary Offer(s) — obtain letter of intent from owner to enter negotiations.
5. Obtain Appraisal and Necessary Documents--coordinate meetings with City and landowners
to determine grounds for appraisal, obtain and authorize appraisal, and secure any site-
specific information pertaining to toxic survey.
6. Complete a Final Offer To Purchase -- prepare documents in conjunction with City Staff.
7. Complete Final Negotiations -- address counter, or revised, offers.
8. Qpen Escrow — prepare and execute instructions, documents to be assigned to City for
signature.
9, Continuing Tasks -- on-site "baseline" documentation and upgrade to Land Conservancy
database.
��u►►�Ni�ullNllllllii���lll city of San Ss OBISPO
A
COUNCIL AGENDA REPORT
In reviewing the scope of work, Staff has determined that it is consistent with direction of the
Open Space Element and actively involves City Staff and Council throughout the process.
Additionally, the proposal submitted by the Land Conservancy provides for the continuance of
on-site "baseline" documentation and upgrade of database on landscape units.
The database upgrade entails obtaining and recording information on such items as viewsheds,
more detailed inventory of wetland data, etc. This task will not come into play until after the
first parcel acquisition is completed but should be included in this contract negotiation to insure
it's implementation into the process.
FISCAL IMPACT:
Funding for this item, in the amount of $20,000, was included in the approved Natural
Resources Program of the 1995-96 Budget (Page D-109 of the 1995-97 Financial Plan). The
recommended contract establishes hourly rates with the total contract cost not to exceed$20,000.
ATTACIIVIENT:
A. Agreement and Letter from the Land Conservancy
AGREEMENT FOR CONSULTANT SERVICES
PROPERTY ACQUISITION SERVICES: 1995-96 OPEN SPACE IMPLEMENTATION
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of
, 1995, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and the Land Conservancy of San Luis Obispo, hereinafter called Consultant.
WITNESSETH
WHEREAS, on July 25, 1995, the City Council directed Staff to develop an agreement with the San Luis
Obispo Land Conservancy to address the implementation process of the "Saving Special Places" report; and
WHEREAS,pursuant to said request, Consultant submitted a proposal which was reviewed, and approved,
by staff for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until August, 1996.
2. INCORPORATION OF REFERENCE. The following documents are hereby incorporated in and
are hereby made a part of this Agreement:
Exhibit A: Report titled, "Saving Special Places"
Exhibit B: Consultant's proposal letter dated August 28, 1995, which includes the scope of work
Exhibit C: "Insurance Requirements For Consultants"
This agreement and the exhibits shall supersede any conflicting provisions in the Consultant's proposal and adopted
report, "Saving Special Places."
3. CITY'S OBLIGATIONS. For providing the services as specified in Exhibit B, "Consultant's
Proposal," City will pay and Consultant shall receive therefor compensation as follows:
• Director: $50.00/hour
• Professional Staff support: $30.00/hour
• Special expenses are to be authorized by Staff before expending and be included in the total sum and
not-to-exceed budget.
• Costs resulting from escrow expenses such as closing costs, title insurance, etc., are to be paid by the
City directly into escrow.
• Total sum not to exceed $20,000
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements
mentioned to be made and performed by City, Consultant agrees with City to do everything required by this
Agreement and the said exhibits.
ATTACHMENT A
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Administrative Officer of the City.
6. COMPLETE AGREEMENT. This written Agreement,including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto.
7. NOTICE. ALL WRITTEN NOTICES TO THE PARTIES HERETO SHALL BE SENT BY UNITED
STATES MAIL,POSTAGE PREPAID,BY REGISTERED OR CERTIFIED MAIL,ADDRESSED AS FOLLOWS:
City: City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant: Land Conservancy of San Luis Obispo County
P.O. Box 12206
San Luis Obispo, CA 93406
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Acting City Clerk, City Administrative Officer, John Dunn
APPROVED AS TO FORM: SLO COUNTY LAND CONSERVANCY
*.V By:
om J ey rgensen Si e
4WAW04O
Print Name
ca.cnc R>
-/)F
T
yr_r•: •�.. r ._.�F c
of
Land Conservancy of San Luis Obispo Count\.,
August 28, 1995
Mr. Paul LeSage
City of San Luis Obispo
860 Pacific Street
San Luis Obispo, CA 93401
RE: PROPERTY ACQUISITION SERVICES
Dear Paul,
The Land Conservancy would be pleased to provide continuing assistance to help the City
implement its greenbelt program. We believe the "Saving Special Places" report has been
successful in identifying opportunities. Now, we need to proceed with actually acquiring
the open space.
We visualize two phases in the implementation program. The first phase will involve
continuing meetings with the City and landowner(s) until a formal proposal has been
offered to a specific landowner(s). The second phase will be closing escrow and dealing
with all of the related property acquisition issues.
There are two ways we could enter into an agreement. The first would be a service
contract billed at an hourly rate. The second would be a fixed percentage contract based
on the purchase price of the property. We recommend the service contract because we
are entering uncharted territory, and it is not clear exactly what will be required. We
would be happy to discuss the percentage concept if this is of interest to the city. The
difference to the city could be in budgetary allocations.
SCOPE OF WORK
1. City consensus - We will meet with staff and council as necessary to review the
alternative properties and set priorities for acquisition.
2. Landowner contact - We will approach individual landowners based on City
direction and discuss alternative proposals that would meet their needs.
3. Review with City - Following initial contact with landowners, we will meet again
with City staff and council to obtain Final approval on priorities and offer(s) to be
submitted.
Exhibit B
P.O. Box 12206 0 San Luis Obispo. CA 93406 o (805) 544-9096 F:1 ?; (,S05)
4. Submit preliminary offer(s) - This would only be for the purpose of obtaining a _
letter of intent from the owner to enter negotiations. We would be reluctant to
authorize an appraisal without some indication by the seller that there is potential
to complete the acquisition.
5. Obtain appraisal and other necessary documents - We would meet with the City
and landowner to set the assumptions to be used in an appraisal, obtain a proposal
for an appraisal, and authorize the appraisal and any additional site-specific
information needed. There may, for example be the need for a Phase I toxic
survey to protect the long-term interest of the City. The costs for these reports
are not included.
6. Complete a final offer to purchase - This document would be prepared in
conjunction :with City staff as to form and content.
7. Complete final negotiations - There may be a need for a revised offer based on
counter offers or changes from ongoing negotiations.
8. Open escrow- We'would open escrow, but all instructions and official documents
would be assigned to the City for signature. All closing costs, such as title
insurance, etc., are to be paid directly by the City into escrow.
This is the typical procedure that is anticipated. There may be substantial variations
depending on the property. If the owner wishes to sell an easement, involves a bargain
sale, etc.
There are other continuing tasks that you may want us to complete as part of this scope of
work that are excluded above. This would include an on-site "baseline" documentation of
the site.
Another ongoing task is to upgrade our database on the landscape units to complete our
historical information, consider items such as viewsheds, complete a more detailed
wetland inventory, etc. We have not included this task because there will be little need
once the first acquisition is complete. It may, however, be wise to continue this work as a
way to obtain continuing public input and involvement leading towards a long-term
funding program.
METHOD PAYMENT
Services will be based on an hourly fee schedule to a maximum of$20,000 through the
end of August, 1996. No work will be undertaken past the threshold of$10,000 without
written authorization. This allow us to mutually refine or redefine the scope of work
based on our early experience.
2
Hourly rates:
Director, $50.00/hour
Professional staff support, $30.00/hour
The hourly rate includes all expenses unless there are special expenses that would be
authorized by City staff. All such expenses would be included in the $20,000 not-to-
exceed budget.
Invoices may be submitted monthly.
Please let us know if we can answer any questions.
Sincerely yours,
Ray Belknap
Executive Director
lcs_pr2
3
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant•
his agents, representatives, employees.
Minimum Scoot of insur•tnct
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverag
auto). e (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) coverin• Automobile Liability, coda I (any
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Alinimtmt Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the, neral
gen
aggregate limit shall apply separately to this project/location or the gentwice
the required occurrence limit. eral aggregate limit shall
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductihles and Stlf-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisinns
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1• The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leasee!, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policiesincluding breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured
brought, except with respect to the limits of the insurer's liability.against whom claim is made or suit is
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty(30)days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceotahility of insurer
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coveraue
Consultant shall famish the City with a certificate of insurance showing maintenance of the required insurance
coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause C-,07-9must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by the City before work commences.
Exhibit C