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HomeMy WebLinkAbout09/18/1990, C-3 - HIRING A CONSULTANT TO DEVELOP A MASTER PLAN FOR LAGUNA LAKE PARK. ME ETI G DATE: �u p! /city of San Lays OBISpo COUNCIL AGENDA REPORT REM NUMBER: C- FROM: Arnold B. Jonas, Community Development Director P PREPARED BY: Jeanette Di Leo, Long Range Planner SUBJECT: Hiring a consultant to develop a master plan for Laguna Lake Park. CAO RECOMMENDATIONS: (1) Authorize the selection of Crawford Multari & Starr as the consultant for the Laguna Lake Park. Master Plan study, and (2) Authorize the Mayor to sign the consultant services contract for an amount of compensation. not to exceed $26, 010 for the completion of the study and the project's preliminary design phase. DISCUSSION: The 1989-91 Financial Plan includes $50,000 for the hiring of a consultant to develop a master plan for Laguna Lake Park. The purpose of the plan is to guide future development and uses of Laguna Lake Park property, including recommendations for appropriate uses, possible expansion, trail links, and environmental management of the park's land and water resources. In February 1990 Requests for Proposals (RFPs) were distributed. The Community Development Department received five proposals. The quality of these five proposals were rated by Community Development, Parks, and the Public Works Department staff. The consultants with the three highest scores were then interviewed by a consultant selection committee composed of staff from the Community Development, Public Works, Recreation, and Administration departments . . Although RFPs were distributed in February" 1990 consultant interviews did not occur until July, 1990 due to changes in Community Development Department staff. Proposals are available in the Council Office for City Council and public review. PROPOSED CONSULTANT RANKING Following City procedures, the three consultants were ranked by the consultant selection committee as follows: city of San WIS OBISPO WRIMN COUNCIL AGENDA REPORT Page 2 -- Laguna Lake Master Plan 1. Crawford Multari & Starr 2. RRM Design Group 3. Callander Associates The interview committee recommended Crawford Multari & Starr for this project based on their experience in the community, their understanding of the project, and the quality of their work program. FISCAL IMPACTS The 1989-91 Financial Plan identifies this project as item D-4 on page B-43. The Capital Improvement Plan Fund includes $50,000 for completion of the Laguna Lake Park Master Plan (e.g. , the study, draft, and final design phases) . Prior to approval of any new facilities at Laguna Lake Park environmental review would be necessary. Money for an environmental document has not been allocated at this time. At the time the City Council implements the Laguna Lake Master Plan additional monies would need to be allocated for environmental review of the project (e.g. , beyond the - $50,000 already allocated) . Crawford Multari & Starr (CMS) have provided a cost estimate of $26,010 to complete a portion of the proposed work scope (e.g. , completion of the study and preliminary park designs) . The $26,010 would be fully supported by the general fund. The cost estimate provided by CMS does not include the final design .phase of the project. Since the consultant team will need to evaluate park constraints and community needs prior to a final design, an estimate for this task was not provided. The preliminary study will determine the future size and level of park development. Once the preliminary study is completed .it will be more feasible to provide realistic bids for the park's final design phase. After completion of the preliminary park design and City Council review of this design, Crawford Multari & Starr would provide a proposal for the park's final design. Staff would then negotiatea contract. The contract and the applicant's proposal would be brought to the City Council for approval. It is expected that the final design would have a not to exceed cost of $23,990 (consistent with the project's $50,000 funding) . Attachments: Consultant's Services Agreement c-3 -z Exhibit 1 O CONSULTANT'S SERVICES AGREEMENT This agreement, made this _ day of . 1990, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and Crawford Multari & Starr, (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the development of the Laguna Lake Park Master Plan. The services being provided by this consultant under this contract include:review of adopted plans and existing city information related to Laguna Lake Park,a constraints analysis of the park site,presentations to the city regarding findings, conducting and analyzing park user surveys, organization and management of workshops, the drafting of planning principles, a minimum of three alternative designs for the park, the completion of an administrative draft and final draft written report which identifies and communicates the master plan's intent, and an administrative draft and final draft of preliminary cost estimates for construction, acquisition, and park operations. 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: C. 1. PROJECT COORDINATION a. Silt. The Community Development Director shall be the representative of the city for all purposes under this agreement. The director, or the director's designated representative,hereby is designated as the Project Manager for the City. The director or the director's designated representative shall supervise the progress and execution of this agreement. b. Consultant. Consultant stall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Paul Crawford is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is identified in Exhibit "A" (The Consulting Team) attached hereto and incorporated herein by this reference. The individuals identified to complete the work shall not be changed except by prior written approval of City. 2. DUTi>~S OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services C'-3-3 Page 2 — Consultant Services Agreement Laguna Lake Park Master Plan i as set forth in Exhibit"B" (Scope of Work) attached hereto and incorporated herein by this reference. Consultant may not amend the Scope of Work, either to modify provisions or to add or delete provisions, without prior written consent of the City's Project Manager. b. Quali Control. All instruments of service shall reflect high standards of professional research, analysis, and written and graphic communication. The Community Development Director shall be responsible for evaluating the quality of Consultant's work and for the issuance of consultant payments upon satisfactory completion, delivery, and city acceptance of work 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; and the services to be provided 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, of 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. dies of reports and information. If City requests additional copies i Page 3 =- Consultant Services Agreement Laguna Lake Park Master Plan 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 "B" attached hereto and incorporated by this reference. 4. COMPENSATION Compensation shall be provided consultant as shown on Exhibit"C"—Compensation. Schedule.. Consultant will bill City upon successful completion of each phase of work as described in Exhibit"C." City will pay this invoice within 30 days of receipt provided there is no dispute regarding successful completion of work. OThe Consultant may not charge more than the amount shown,in Exhibit "0 without prior written approval of the City's Project Manager. 5. TIME OF COMPLETION OF THE WORK Program scheduling shall follow that shown on Exhibit C unless revisions to the chart are approved by the City's Project Manager and the consultant in writing. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant 6. TEMPORARY SUSPENSION The Community Development Director shall have the authority to suspend this agreement wholly or in part, for such period as the director 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 susvend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven 6315" Page 4 — Consultant Services Agreement Laguna Lake Park Master Plan 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 the arbitrator's 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 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 drawings, plan documents andother 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 consulting services to develop a master plan for the Laguna. Lake Park and is not assignable by the Consultant C�3-� Page 5 — Consultant Services Agreement C' Laguna Lake Park Master Plan without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior written approval by the City. 12. NOTICES All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: Jeanette Di Leo Community Development Department City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-,8100 To Consultant: Paul Crawford, AICP Crawford Multari & Starr 641 lEguera Street, Ste 200 San Luis Obispo, CA 93401 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. CONSULTANT AS INDEPENDENT CONTRACTOR Consultant and City agree that Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between parties. 15. INDEMNITY Consultant hereby agrees to indemnify and hold harmless City, its officers, agents and employees of and from: L'3- Page 6 -- Consultant Services Agreement Laguna Lake Park Master Plan a. 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; b. 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; C. 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; d. 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 e. 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 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. 16. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California,which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. Page 7 — Consultant Services Agreement � Laguna Lake Park Master Plan 17. INSURANCE The Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) satisfactory to the City. 18. 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. 19. 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. 20. 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. 21. 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. 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 Page 8 -- Consultant Services Agreement Laguna Lake Part: Master Plan 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. , 22. AGREEMENT CONTAINS ALL UNDERSTANDING 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 By ?,44! Paul Crawford CITY OF SAN LUIS OBISPO By Mayor C;3-t0 i' O Exhibit A The Consulting Team In order to best meet the needs of the City, a team of professionals in related fields has been assembled.for this project. We do propose a true team approach, so that individuals in the different firms will participate together on many of the tasks. SEDES Site and Environmental Design 849 Monterey St., Suite 205 San Luis Obispo, CA 93401 Dale A. Sutliff ASLA California Landscape Architect 1205 David W. Foote ASLA Calitomia.Landscape Architect 2117 (805) 544-8406 Crawford Multarl & Starr 641 Higuera Street #200 San Luis Obispo, CA 93401 Paul Crawford,AICP Michael Muftari (805) 541-3848 O Leisure Visions P.O. Box 1854 Morro Bay, CA 93442 Lynn Jamieson, Re.D. Stephen Wolter (805) 528-2021 Michael Hanson, Ph.D. Biological Sciences Department Callomia Polytechnic State University San.Luis Obispo, CA 93406 (805) 756-2444 fiam T1Ll@ IndividLiN Participation S E D E S Project Principal: Dale Sutliff (25%) Managing Principal: David Foote (400/6) Assisting Principal: Jerry Emery (100/9) Designer/Draftsman: Rodney Mayfield (25%) CMS Project Principal: Paul Crawford (50%) Assisting Principal: Michael Multad (40%) Associate: David Moran L V Project Principal: Lynn Jamieson (6090) Assisting Principal: Stephen Wolter (46%) i Biologist Michael Hanson (100%) 63� 1� Exhibit B SCOPE OF WORK Note: in the following outline SEDES = Site and Environmental Design CMS = Crawford Multari & Starr LV = Leisure Visions TASK ONE: Preliminary Study of Community Needs and Preferences Subtask 1: Review of Adopted Plans and Existing Information • The team will review all relevant documents. These include the existing general plan and draft updates of the LUE and the work-to-date on the revised Parks and Open Space Element; earlier Technical Reports; the existing Park and Recreation Element; the Laguna Lake Management Plan; and other sources suggested by the City. Team Assignment: This will be conducted jointly by SEDES, CMS and LV to ensure familiarity with past efforts. The team will next prepare a site analysis/opportunities and constraints analysis. This analysis will include key natural and physical factors such as: vegetation, wildlife and sensitive habitats; environmental management factors related to land resources and the lake; climate (wind, solar, exposure, etc.); visual quality assessment; drainage conditions; soil capability and erosion conditions; slopes and topographic conditions; existing infrastructure (roads, paths and accessibility, utilities, built features and existing proposals for the park); existing leases, ownership patterns and other influences of adjacent land uses. This step will also involve consultation with other relevant agencies, such as the County and the Department•of Fish and Game. Team. Assignment: SEDES will prepare this analysis with assistance in land use and environmental factors from CMS and specific biological analyses by Dr. Hanson. • The team will present analysis results to city staff and steering committee, and,other advisory committees as deemed desirable by the City. Team Assionment: All team members may participate in these presentations; however, primary responsibility for public presentations and liaisons with the advisory bodies and the Council will be carried out by CMS. C 3-�� Subtask 2 Park_User.:Survev_ OThe team will review existing surrey data and the methodology used in the 1980 effort. Two new surveys will be administered: 1) on site during various times to at least 60 randomly selected park users, and 2) by telephone to at least 300 randomly chosen City residents (potential park users) in different geographic areas. The team will analyze and interpret the data. Team Assignment: LV will be lead on the survey work, with assistance from SEDES and CMS. • At. least two public workshops, in addition to the surveys, steering committee, advisory body reviews and public hearings already included in the work program, shall be conducted. The first will focus on the neighborhoods closest to Laguna Lake Park; the second will be for city- wide participation. The workshop format would include an overview of the park planning process, small group discussions on what is good, bad and needed at Laguna Lake Park and then graphic presentations by the participants of their "preferred park", using colored pens and other materials. This method has been used in some General Plan update workshops in San Luis Obispo and in pier and beach planning workshops in Santa Monica, among other places. O The purpose of the two meetings would be to see If there are special neighborhood needs different from community needs that should be addressed in the master plan... Team Assi ng ment.• CMS will organize and manage these workshops. Subtask 3: Draft Planning Principles • The team will take information from past documents, the constraints and opportunities analysis, input from the public, the staff and steering committee (as well as any advisory body or Council direction to this point) and the ,park users survey and prepare draft planning principles to guide the master planning process. The principles will cover: active vs.. passive uses; habitat protection areas vs. limitations on human activities; types of uses; linkages to other parks and open space areas; access and links to other parts of the city; possible commercial uses (leases); buffers and possible future. acquisitions; multiple service roles for this park (neighborhood, district and community park functions); phasing; relation to other open space and planning efforts in the City and the County; other issues raised by the analysis and input. Team Assignment: CMS will draft the principles with assistance from other team members. SEDES and LV will specifically assist in C, preliminary program definition1development for the next task in the Page 2 C�-3-13 planning process. Dr. Hanson will provide assistance on guidelines concerning environmental protection elements of the principles. • The team will present these principles to the staff, steering committee and advisory bodies and City Council. Based on direction from the City, modifications to the Principles will be made, if necessary. Team Assignment: CMS will have primary responsibility for the presentation of the principles; SEDES and LV may assist, especially regarding site constraints analysis and survey analysis, respectively. TASK TWO: Design of Laguna Lake Master Plan and Cost Estimates Subtask 1: Preliminary Design (Master .Plan) • The team will utilize the foregoing data, analyses, principles and guidelines to prepare at least three alternative designs (Master Plan concept strategies) for the development and use of Laguna Lake Park. These will be reviewed by the staff, steering committee and such other advisory bodies (and perhaps the Council) before the final preliminary Master Plan design is drawn. Team Assignment: SEDES will be respons/ble for this task; assistance will be provided by CMS (especially regarding presentations) and LV. The team will prepare the Laguna Lake Park Master Plan drawing to lead the ultimate development and use of the park. An explanatory (written) document will be prepared to identify and communicate the Master Plan intent. This document will also include a recommended phasing plan coupled with priorities for action. The plan will include all of the issues outlined in the "principles", above. An administrative draft of the Master Plan and accompanying text will be submitted to the City staff for review and comment. The team will respond to the comments received from staff and incorporate them into a final version of the plan and text. Team Ass_ianment: SEDES will be responsible for this task with assistance from CMS and LV. • The team will present completed Master Plan for Laguna Lake Park to the city staff, steering committee, Parks and Recreation Commission, Planning Commission and City Council This contract covers up to five (5) meetings total with the committee, commissions and council for the presentation of the Master Plan. Additional meetings may be attended by the consultants with compensation on a time and materials basis. Team Assianment: CMS will be primarily responsible for public presentations with technical assistance from SEDES and LV. Page 3 63-�� Subtask 2: Preliminary Cost Estimates O • The team will prepare a cost estimate.for construction, acquisition and park operations for the developed Laguna Lake Park Master Plan. Team A ianm nt: SEDES will be primarily responsible for this task with assistance from LV. • Cost estimates will be presented to city staff, the steering committee and the City Council along with the presentation of design options and the developed Master Plan. An administrative draft of the cost estimates will be submitted to the city staff for review and comment. The team will respond to the comments received from staff and incorporate them into the final version of the estimates. Team Assignment: CMS will be lead in public presentations, with technical assistance from SEDES. C Page 4 EXHIBIT "C" COMPENSATION AND WORK SCHEDULE Work Phase Maximum Compensation Completion Per Work Phase chedule° Completion of Research and $ 640 30 days from Assembly of Research Materials contract date Completion of User Survey and $ 7,700 45 days from Constraints Analysis contract date Completion of Draft $ 3,620 60 days from Planning Principles contract date Completion Conceptual $ 3,080 90 days from Design Alternative contract date Completion of Master $ 4,718 135 days from Plan Administrative Draft contract date and Draft Cost Estimates Completion of Master Plan $ 6,252 165 days from Final Draft and contract date 'a Final Draft Cost Estimates Totals $269010 165 days `Measured in calendar days. "Final Drafts to be submitted within fifteen days after comments on administrative draft are received by the consultant from the city. U MMON2 r