Monterey Bay Planning Services 07-01-14

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July 1, 2014 Council Meeting Packet Page 130

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SE does hereby:

Authorize the City Administrator to enter into contract PDB-PSA-MBPS-008-13-14) withMonterey Bay Planning Services for contract trail planning services in an amount not toexceed 35,000.

P SSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this1st day of July 2014 by the following vote :

YES : COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN : COUNCIL MEMBERS:

ATTEST: SIGNED,

City Clerk Mayor of Said City

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Attachment BPBD PSA MBPS 008 14 15

CITY OF CARMEL BY THE SEACONTRACT FOR PROFESSIONAL CONSULTING SERVICES

THIS CONTRACT is executed this day of 2014, by and between theCITY OF CARMEL-BY-THE SEA, hereinafter referred to as CITY'' and Monterey BayPlanning Services (MBPS), hereinafter called CONSULTANT.

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:1 Scope. CONSULTANT hereby agrees to provide to CITY, planning

consulting services for a variety of key projects including but not limited to the RIOPark/Larson Field Pedestrian Bicycle Trail Project.

2. Timely Work. CONSULTANT shall perform all duties incidental ornecessary in a timely fashion; and work shall be performed diligently, competently, and inaccordance with professional standards of performance. Failure to so perform is herebydeemed a mater ial breach of this Contract, and CITY may terminate this Contract with nofurther liability hereunder. City may agree in writing with CONSULTANT to an extensionof time . t is expressly agreed and understood that CONSULTANT shall not be heldresponsible for delays occasioned by factors beyond their control, nor by factors that couldnot reasonably have been foreseen at the time of execution of this CONTRACT.

3. Term. The work under this Contract shall commence July 2014, and shallterminate on June 30, 2015. The parties may agree to extend or amend this Contract priorto its expiration.

4. Compensation. CITY shall pay CONSULTANT in an amount not toexceed $35,000, at the hourly rate included in Exhibit A .CITY shall make payment for work invoiced by CONSULTANT within thirty(30) days of receipt of invoice. Written invoices shall clearly itemize each charge. The

payment of any compensation to CONSULTANT hereunder shall be contingent uponperformance of the terms and conditions of this Contract to the satisfaction of the CityAdministrator.

f the City Administrator determines that the work set forth in the writteninvoice has not been performed n accordance with the terms of this Contract, CITY shallnot be responsible for payment until such time as the work has been satisfactorilyperformed.

5. Additional Services. In the event that CITY should request additionalservices not covered by the terms of this Contract, said services will be provided byCONSULTANT and paid for by CITY only after a fee for said services has been agreed uponbetween CONSULTANT and City Administrator and the City Administrator provideswritten authorization for the additional work.


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6. Meet and Confer CONSULTANT agrees to meet and confer with CITY orits agents or employees with regard to services as set forth herein as may be required byCity Administrator to insure timely and adequate performance of this Contract.

7. Indemnification CONSULTANT hereby agrees to the followingindemnification clause:

To the fullest extent permitted by law (including, without limitation,California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legalcounsel reasonably acceptable to designated agents, departments, officials, representatives,and employees (collectively Indemnitees) from and against claims, loss, cost, damage,injury expense and liability (including incidental and consequential damages, court costs,reasonable attorneys fees, litigation expenses and fees of expert consultants or expertwitnesses incurred in connection therewith and costs of investigation) to the extent theyarise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct ofCONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them ,or anyone that they control (collectively Liabilit ies). Such obligations to defend, holdharmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilitiesare caused in part by the negligence, or willful misconduct of such Indemnitee.

Notwithstanding the provisions of the above paragraph, CONSULTANTagrees to indemnify and hold harmless CITY from and against any and all claims, demands,defense costs, liability, expense, or damages arising out of or in connection with damage toor loss of any property belonging to CONSULTANT or CONSULTANT'S employees,contractors, representatives, patrons, guests or invitees.

CONSULTANT further agrees to indemnify CITY for damage to or loss ofCITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out ofCONSULTANT'S negligent performance of the work associated with this Contract or to theproportionate extent they arise out of any negligent act or omission of CONSULTANT or anyof CONSULTANT'S employees, agents, contractors, representatives, patrons, guests orinvitees; excepting such damage or loss arising out of the negligence of CITY.

8. Ownership o Work Upon completion of the work under this Contract,ownership and title to all materials and deliverables produced as part of this Contract willautomatically be vested in CITY and no further contract will be necessary to transferownership to CITY.

9. Licensing CONSULTANT represents that it is properly licensed to performthe work specified under this Contract, including but not limited to, possession of a currentcity business license.

10. Termination This Contract may be terminated by either party uponthirty (30) calendar days written notice to the other party . In the event of such termination,CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to thedate of receipt of notice of termination. An itemized statement of the work performed to thedate of termination shall be submitted to CITY. In ascertaining the services actuallyrendered hereunder up to the date of termination of this Contract, consideration shall begiven to both completed work and work in process of completion, and to complete and


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incomplete drawings and other documents whether delivered to CITY or in the possession ofthe CONSULTANT.

11 Aeency In performing the services specified under this Contract,CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent oremployee of CITY.12. Authority of the City Administrator CONSULTANT shall perform all

necessary services provided under this Contract and outlined in the proposal and shall do,perform, and carry out said work in a satisfactory and proper manner as determined by andto the satisfaction of the City Administrator . The City Administrator reserves the right tomake changes, additions or deletions, to the scope of work as deemed necessary or advisableto implement and carry out the purposes of this Contract. The City Administrator isauthorized to execute change orders. No change, addition or modification to the scope ofwork or to this Contract will be effective unless it is in writing and properly signed by bothparties.

13 . Responsibility o Consultant By executing this Contract, CONSULTANTrepresents and states to CITY that he/she possesses, or will arrange to secure from others,all necessary professional capabilities, experience, resources and facilities necessary toprovide to city the services contemplated under this Contract. CONSULTANT furtherwarrants that he/she will follow the current generally accepted practices of the profession tomake findings, render opinions, prepare factual presentations and provide professionaladvice and recommendations regarding the project for which services are rendered underthis Contract.

14. Materials and Equipment CONSULTANT shall furnish at his/her ownexpense, all materials and equipment necessary to carry out th e terms of this Contract.15 . Digital Files CONSULTANT shall furnish copies of all deliverables in

digital format via email or on compact disks (for example, final report) as requested byCITY. Files shall be compatible with the current versions used by PC computers.16. Audit Authority CONSULTANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under this

Contract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY sauditor shall be afforded access to CONSULTANT s records, books, correspondence andother data relating to this Contract . CONSULTANT shall preserve these records, books,correspondence and other data relating to this Contract for a period of four 4) years afterfinal payment or for such longer period as may be required by law. In addition,CONSULTANT agrees to make said records, books, correspondence and other data relatingto this Contract available to CITY at CITY s principle place of business upon seventy-two(72) hours advance written notice. The City Administrator or his or her designee, shall at alltimes have the right to inspect the work, services, or materials. CONSULTANT shallfurnish all reasonable aid and assistance required by CITY for the proper examination of thework or services and all parts thereof. Such inspection shall not relieve CONSULTANT fromany obligation to perform said work or services strictly in accordance with the specificationsof any modifications thereof and in compliance with the law.

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17 . Notices. All notices herein provided to be given , or which may be given byeither party to the other shall be considered fully received when made in writing anddeposited in the United States mail, certified and postage prepaid and addressed to therespective parties as follows:

CITY:

CONSULTANT:

18. Entire Contract.

City AdministratorCity of Carmel-By-The-SeaP.O. Box CCCarmel-By-The-Sea, CA 93921Monterey Bay Planning Services12568 Polaris DriveGrass Valley, CA 95949

This Contract constitu tes the en tire contract betweenthe parties hereto and su persedes any and a ll prior contracts, whether oral or written,relating to the subject matter thereof. Any modification of th is Contract will be effectiveonly if it is in writing signed by both parties hereto.

19. Validity. f any provision in this Contract is held by a court of competentjuri sdiction to be invalid, void or unenforceable, the remaining provisions will continue infull force without being impaired or invalidated in any way.

20. Assignment o Interest. The duties under this Contract sh all not beassignable, delegable, or transferable without the prior written consent of CITY. Any suchpurported assignment, delegation, or tra nsfer shall constitute a material breach of thisContract upon which CITY may terminate this Contract and be entitled to damages .

21 Conflict o Interest. CONSULTANT shall at all time avoid conflicts ofinterest, or the appearance of conflicts of interest, in the performance of this Contract.CONSULTANT shall file statements of financial in terest on forms provided by CITY to theextent and at the times required by CITYS Conflict of Interest Code and applicable law.

During the term of this Contract CONSULTANT shall not directly orindirectly, either as a partner employer, employee, consultant, principal, and age nt or inany individual or representa tive capacity engage or participate in any business orvoluntary ac tivity on behalf of any other party on any property located within the City ofCarmel-by-the -Sea without notification to City Administrator.

22. Non discrimination/Affirmative Action. CONSULTANT will notdiscriminate against any employee or applicant for employment because of race, creed,color, sex, age , national origin, marital status, physical or other motor handicap, unlessbased upon bonafide occupational disqualification.

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CONSULTANT will take affirmative action to ensure that applicants areemployed and that employees are treated during employment without regard to their race,creed, color, sex, age, national origin, marital status, physical or other motor handicap.23. Counterparts. This Contract may be executed in multiple originals, each

of which is deemed to be an original, and may be signed in counterparts .24. Laws. CONSULTANT agrees that in the performance of this Contract itwill reasonably comply with all applicable state, federal and local laws and regulations.

This Contract shall be governed by and construed in accordance with the laws of the Stateof California and the City of CarmelBy-The-Sea.25. Attorneys Fees and Court Venue. Should either party to this Contract

bring legal action against the other, formal judicial proceeding, mediation or arbitration),the case shall be handled in Monterey County, California, and the party prevailing in suchaction shall be entit led to a reasonable attorney s fee which shall be fixed by the judge,mediator or arbitrator hearing the case and such fee shall be included in the judgment,together with all costs.

26 Severability. f any term of this Contract is held inYalid by a court ofcompetent jurisdiction, the remainder of this Contract shall remain in effect.

IN WITNESS WHEREOF, this Contract is entered into by the parties hereto inCarmel, California, on the day and year first written above.

CITY OF CARMEL-BY-THE-SEA

By:CONSULTANT

By:

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EXHIBIT A1\iBPS

Monterey Bay Planning Services

Rio Park Larson Field Pedestrian Bicycle Trail ProjectScope ofServices

This scope of services is intended to be general in nature. It sets forth the anticipated activities anddeliverable products resulting from the firm's services . Since the exact nature of public agencyinvolvement, and the full scope of environmental review are both still unknown, some elements ofthe scope can only be approximated at this time.Phase I Project Launch

Activities: Meet with project stakeholders, tour the proposed trail route, assemble existing maps andcollect all existing easements that may be affected. Research the Carmel Municipal Code, General Plan, Coastal Plan and related documents

to verify local permit and process requirements. Meet with Monterey County Planning Department staff to establish regional permitrequirements. Contact State agencies that may have authority over aspects of project design orconstruction activities, due to the project's location near the Carmel River.

Project DeliverablesMemorandum 1: To City AdministratorThis memorandum will identify existing easements that will require revision and new easementsthat must be freshly developed. All involved parties will be identified along with any knownissues, opportunities or constraints that might affect future negotiations.The memorandum will define all required permits, along with a recommended sequence forachieving compliance. MBPS will work with City staff to determine the most appropriate localpermit/approval process.Note: The proximity of the trail to the Carmel River may trigger the involvement of one or moreState or regional agencies and it will be important to identify these requirements up front.Previous construction activity on the Rio Park property and at Larson Field includedinvolvement by State and regional water agencies, the State Department of Fish and Game andthe California Coastal Commission.If there are any unresolved policy issues, significant obstacles, legal constraints or other mattersdiscovered during the Phase I work, these wiJI be addressed in the memorandum. If Councilaction is required to respond to such issues, MBPS will provide one staff report and attend onemeeting to make a presentation on the issue(s). Additional work to resolve such unknowns mayrequire an amendment to this Scope.


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Phase II: Preliminary Easement NegotiationsThe negotiation of the easements and the approval ofpermits represents a chicken-and-eggproblem. The permit process cannot be started until the trail alignment is well defmed, yet itmay be unwise for a property owner to make a final commitment on an easement until aJJ thegovernmental approvals are granted and permit conditions are known. Therefore, t is importantto keep these agreements as proposed until the entire permit process has reached its conclusionand there is full transparency regarding the conditions of approved permits.Activities :

Working with the City's legal counsel, MBPS will meet with each property owner overwhich an easement will be required for trail construction and public use. Property owner interests and concerns will be identified. If necessary, alternative trailalignments may be explored to find the best solution for all parties. Preliminary agreements will define the location of the trail across each property andidentify any special concerns. Preliminary agreements also will define the rights of access. To the extent possible, alleasements should have identical provisions for public access along the fuJJ trail route.

Project Deliverables:Project BaseMap A base map will be developed in concert with the City Engineer showing allproperty ownerships, all existing easements and the proposed trail alignment. Alternatealignments will be identified if necessary. This map wiJJ be used in preliminary meetings withaffected property owners to explain the project and show where new easements are needed.Draft Easement Terms. Using a standard format, MBPS will work with the City's legal counselto develop a draft easement that can be used as a starting point for negotiations. Modificationsto the draft will be made based on the specifics of each property and upon discussions with eachaffected property owner.Precise Project Definition . The combined package of the base map plus the public access termsin each easement will establish a precise location for the trail and the scope of its use. This willserve as the project definition for all environmental and permit processes.

Phase III: Governmental Permit ApprovalsActivities:

Assist City staff in determining the best sequence and timing for City, County and otheragency reviews. Provide analysis regarding compliance with the California Environmental Quality Act.Note: this proposal does not include preparation of the environmental initial study or anenvironmental impact report. However, MBPS will provide intermediate-levelsupervision, editing, quality-control and time management over the preparation of these

M PS Scope ofServices Rio Park/Larson Field Trail


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documents by others. The consultant also will provide direct assistance (working inconcert with the CEQA consultant) in responding to public comments on theenvironmental document, including comments from state and federal agencies as well astrustee agencies. Coordinate with City staff regarding local permits and approvals. MBPS will provideassistance with design review and use permit approval processes, consistent with theLarson Field Specific Plan. This may include drafting application materials and staff

reports, plus attendance at public meetings to give presentations to the PlanningCommission and City Council for environmental review and permits. Prepare application materials for submittal to outside agencies, including MontereyCounty, for required permits . Meet with staff of outside agencies to facilitate permit

processing. n coordination with the City's legal counsel, appear at public meetings heldby outside agencies to represent the City and make presentations as needed.Project Deliverables:Memorandum 2: To Community Planning and Building Director and Director of PublicServicesThis memorandum will provide an overview of the project relative to CEQA and a briefdiscussion of each permit that will be needed from outside agencies. Based on this analysis,MBPS will meet with the two Directors to define the best public process to follow.Periodic Updates: To City AdministratorThese updates will keep the City informed of the progress of each permit in each agency and willidentify critical decision points as they arise.

Application Materials For each required permit, MBPS will provide the original applicationmaterials and exhibits for City review and signature prior to submittal to outside agencies.Documents for Local Approvals: For all local approvals required, the consultant will providedraft applications, draft staffreports and exhibits.Document Revisions: Adjustments to the draft project description, trail alignment exhibits, andCEQA document may be required in response to CEQA and other permit processes. MBPS willprovide these directly, or will assist in coordinating their preparation by the CEQA consultantand/or the City Engineer.

Phase IV: Final Easement NegotiationsActivities:

Working with the City's legal counsel, MBPS wi contact each property owner overwhich an easement has been negotiated to explain the final status of all governmentpermits and conditions of approval. If modifications to the easements are necessary,these will be made and returned to the property owner(s) for review and approval.

MBPS Scope of Services Rio Park/Larson Field Trail3


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Working with the City Engineer, MBPS will finalize the trail alignment in the field,review all final maps and incorporate meets-and-bounds descriptions into the easements. Obtain final signatures from property owners and deliver to City for recording.

Phase V: Project Implementation Support ServicesThe goal of this phase is to ensure a smooth hand-off ' of the project to City staffforconstruction. The long-term success of this project will depend on maintaining strict compliancewith all permits and the terms of each easement.Activities:MBPS will review construction documents and confer with City staff throughout theconstruction process on an as-needed basis.

Estimated cost for services:Phase I 4,000Phase 0,000Phase I6,000Phase IV 4,000Phase V I,000Total $35,000

udget

Services will be billed monthly at the hourly rates shown below. This is not a fixed-priceproposal ; MBPS invoices only for hours and services actually provided:Principal Planner:Administrative Assistant: I25/hr.$ 45/hr.

Direct costs for printing, graphics, supplies and travel will be billed based on receipts submittedwith monthly invoices. Mileage costs will be paid at the current IRS rate.The estimated cost for services assumes the following limitations:

An Initial Study/Negative Declaration will satisfy environmental review requirements. The only agencies that will require discretionary permits involving testimony at a public

hearing will be Monterey County and the City ofCarmel-by-the-Sea. It is assumed thatall other permits can be obtained at a staff level of review by working directly with theagencies involved. The project will not expand beyond the trail segment linking Rio Road to Lasuen. Engineering services will be provided by the City Engineer. Legal services will be provided by the City's legal counsel.

MBPS Scope ofServices Rio Park Larson Field Trail4

Monterey Bay Planning Services 07-01-14

Documents

Transcript of Monterey Bay Planning Services 07-01-14