Loading...
Item 11 - Consultant Agreement Mark Cavagnero Associates Distributed: January 14, AGENDA REPORT SUMMARY c,', ." FROM: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the RedeVel~t Agency James L Bowersox, City Manager/Executive Dire~ ~~ Deborah Johnson, Director of Redevelopment Services/Assistant Executive [)ire~ TO: INITIATED BY: DATE: January 18, 2005 SUBJECT: Consideration of a Consultant Agreement with Mark Cavagnero Associates ABSTRACT To facilitate the implementation of the Master Plan for Old Poway Park, staff is requesting that Mark Cavagnero Associates (MCA) prepare two studies; one to address the Brighton affordable housing site and a second to study the restaurant pad. Both studies will address parking needs, traffic circulation, building access, building orientation, and use of the alleyway. The studies will include analyzing and incorporating the requirements necessary to place a Hydronic Main as part of the Poway Community Campus infrastructure. The requested contract amount plus contingency is $18,340 from the undesignated Low- and Moderate Housing fund and $19,100 from the Redevelopment undesignated fund balance. . ENVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT Appropriate $18,340 from the Low- and Moderate Housing Undesignated Fund Balance (#471- 8912) to the Brighton Project number 5978 and $19,100 from the Redevelopment CIP Undesignated Fund Balance (#436-8912) to a new Capital Improvement Project account number for commercial development In Old Poway Park. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council authorize the City Manager/Executive Director to execute agreements with Mark Cavagnero Associates and approve an appropriation of $18,340 ftom the undesignated Low- and Moderate Housing fund balance and $19,100 from undesignated fund balance. ACTION ~ 1 of 14 January 18, 2005 Item # J I CITY OF POWA Y AGENDA REPORT This repOrt is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. FROM: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the RedeveloRment Agency James L. Bowersox, City Manager/Executive Oire~~ Oeborah Johnson, Director of Redevelopment Services! Y \J Assistant Executive Director Tracey Bohlen, Senior Management Analyst~ January 18, 2005 TO: INITIATED BY: DATE: SUBJECT: Consideration of a Consultant Agreement with Mark Cavagnero Associates BACKGROUND In February 2004, City Council approved the Master Plan forthe Old Poway Park Area. The Master Plan includes the expansion of the Old Poway Park boundaries to include an art center, expansion of the farmers market, accommodation of new commercial development, Brighton affordable housing site, and a train depot to name a few. Mark Cavagnero Associates (MCA) was hired as the architect responsible for developing a concept design for the art center and Master Plan for the Old Poway Area. MCA has worked with the City Committees, community groups, residents, City staff, and a subcommittee of the City Council to identify the space programming for the entire Old Poway Area. The first phase of the project has culminated in the preliminary designlimagery and the schematic design work for the art center, train depot, farmers market, and multi-tenant restaurant. Staff negotiated a contract with Mark Cavagnero Associates to provide additional architectural and. engineering services for the art center, train depot, farmers market, and multi-tenant restaurant within the Old Poway Master Plan area which is also being considered at the January 18, 2005, City Council meeting. To accurately address infrastructure, access, and parking requirements, this new agreement will study two main components of the Master Plan that affect the Old Poway area; the Brighton Affordable Housing Site and the restaurant pad. FINDINGS To facilitate the implementation of the Master Plan for Old Poway Park, staff is requesting that Mark Cavagnero Associates (MCA) prepare two studies; one to address the Brighton affordable housing site and a second to study the restaurant pad. Both studies will address parking needs, traffic circulation, building access, building orientation, and use of the alleyway. The studies will include analyzing and incorporating the requirements necessary to place a Hydronic Main as part of the Poway Community Campus infrastructure. 2 of 14 January 18, 2005 Item #---11- Consideration of a Consultant Agreement with Mark Cavagnero Associates January 18, 2005 Page 2 for the restaurant pad. Staff is requesting a 25% contingency due to the conceptual stage of the projects and to address outstanding site conditions. See Table 1 below for contract costs. Cost $13,670 $14,270 $ 2,000 $ 7,500 $37,440. The full scope of the contract with MCA is attached to the Standard Agreement for Consultant Services contained in Attachment A. Below is a short description of the goals for the Brighton Affordable Housing Site study and restaurant pad study. Brighton Affordable Housing Site: MCA will look at previous work for the Brighton Affordable Housing site, assess the effects of the revised site size, layout and parameters then develop options for Brighton housing massing as well as the relationship to the master plan to determine appropriate access and circulation, as well as the relationship to the Temple Street parking lot. The options will show the conceptual site plan integrated with the approved Old Poway Park Master Plan. Restaurant Pad Layouts: MCA will develop floor plan options for a 6,000 square foot restaurant. One option will provide dedicated on-site parking for the Restaurant, while the second option will assume that parking is shared with other facilities. Both options will investigate critical site relationships, including how the restaurant addresses the street, outdoor dining location/s, and the establishment of an entrance. The understanding is that both options shall represent the restaurant as a "shell" that could be occupied by any number of regional chains while maintaining the exterior characteristics and sensibilities of Old Poway. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT Appropriate $18,340 from the Low- and Moderate Housing Undesignated Fund Balance (#471-8912) to the Brighton Project number 5978 and $19,100 from the Redevelopment CIP Undesignated Fund Balance (#436-8912) to a new Capital Improvement Project account number for commercial development In Old Poway Park. PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council authorize the City Manager/Executive Director to execute agreements with Mark Cavagnero Associates and approve an appropriation of $18,340 from the undesignated Low- and Moderate housing fund balance and $19,100 from undesignated fund balance. Attachment A: Standard Agreement for Consultant Services and Scope of Work 3 of 14 January 18, 2005 Item # II STANDARD AGREEMENT FOR CONSUL TANT SERVICES .- This Agreement, entered into this eighteenth day of January 2005, by and between the POWAY REDEVELOPMENT AGENCY (hereinafter referred to as "Agency") and Mark Cavagnero and Associates (hereinafter referred to as "Consultant"). RECITALS WHEREAS, Agency desires to obtain the services of a private consultant to prepare Brighton Affordable Housing conceptual site plan study and Restaurant Pad plan layouts; and WHEREAS, Consultant is a(n) Architect consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, Agency has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT AGENCY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. Agency shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of AQreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. Attachment A 4 of 14 January 18, 2005 Item #~ Mark Cavagnero Associates Standard Consultant Agreement Page 2 of9 .- 4. Termination. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 50-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by Agency for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by Agency. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. Agency may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of Agency. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 6, however, shall not apply to any part of the information that Ii) has been disclosed in publicly available sources of information; Iii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or'theexistence of the subject matter of this contract without the prior written consent of the Agency. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. Attachment A 5 of 14 January 18,2005 Item # I J Mark Cavagnero Associates Standard Consultant Agreement - Page 3 of 9 .- 7. Covenant Aaainst Continaent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secu-re this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee,any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, Agency shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of Agency and shall be delivered to Agency by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obliaations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the Agency or the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the Agency in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the Agency. Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City of Poway in a timely manner on forms which Consultant shall obtain from the City Clerk. Attachment A 6 of 14 January 18, 2005 Item #~ Mark Cavagnero Associates Standard Consultant Agreement Page 4 of 9 10. No AssiQnments. .- Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which Agency, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway or Agency. Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Consultant accomplishes the scope of work. 13. Licenses. Permits. Etc. Consultant represents and declares to Agency that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultantto practice its profession. . 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. Attachment A 7 of 14 January 18, 2005 Item #~ Mark Cavagnero Associates Standard Consultant Agreement Page 5 of 9 15. liabilitv. .- Notwithstanding any other prOVISion contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of Agency or others, caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Consultant shall hold harmless and indemnify Agency, and all officers and employees of City and Agency from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Consultant, its employees, or its agents, under this Agreement. 16. Consultant Not an Aaent. Except as Agency may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 17. Personnel. Consultant shall assign qualified and. certified personnel to perform requested services. The Agency shall have the right to review and disapprove personnel for assignment to Poway projects. Agency shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with Agency's drug and alcohol policies then in effect. 18. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. Attachment A 8 of 14 January 18, 2005 Item #~ Mark Cavagnero Associates Standard Consultant Agreement Page 6 of 9 19. Arbitration. In the event of a dispute between Agency and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American. Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. 20. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 21 . Entire Aareement. This Agreement shall constitute the entire underst!lnding between Consultant and Agency relating to the terms and conditions of the services to be performed by Consultant. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. Dated: POWAY REDEVELOPMENT AGENCY By: James L. Bowersox Its: Executive Director Dated: Mark Cavagnero Mark Cavagnero Associates 1045 Sansome Street, #200 San Francisco, CA 94111 Attachment A 9 of 14 January 18, 2005 Item # II Mark Cavagnero Associates Standard Consultant Agreement Page 7 of 9 "SPECIAL PROVISIONS" .- EXHIBIT A A. Scope of Services. Consultant agrees to perform consulting services as required by Agency. Consultant shall provide the necessary qualified personnel to perform the services. In performance of the services Consultant shall: See Attached "Scope of Work" B. Compensation and Reimbursement. Agency shall pay Consultant a not fee up to Thirty-Five Thousand Four Hundred-Forty Dollars ($35,440) which will not be exceeded without prior authorization. Consultant's fee shall include all federal, state, and local taxes and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill Agency for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by Agency. All air travel shall be billed at coach or special fare rates. Only lodging outside San Francisco shall be reimbursable. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with Agency's cash disbursement policies in effect at the time incurred. C. Term of Aareement. ' This Agreement shall be effective from the period commencing JanU8fY 18, 2005. and will remain in effect until billing rates are amended, unless sooner terminated by Agency as provided in the section of this Agreement entitled "Termination." If billing rates are amended, the Redevelopment Agency Executive Director's approval will be required. Upon expiration or termination of this Agreement, Consultant shall return to Agency any and all equipment, documents or materials and all copies made thereof which Consultant received from Agency or produced for Agency for the purposes of this Agreement. Attachment A 10 of 14 January 18, 2005 Item #-il- Mark Cavagnero Associates Standard Consultant Agreement Page 8 of 9 ." D. Consultant's Insurance. 1 . CoveraQes: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a). ComDrehensive General Liabilitv, including premises" operations, products!completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability$ pOO,OOO per person per occurrence! $1,000,000 aggregate per occurrence $500,000 property damage per occurrence (b) Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverages: Auto Liability $ 500,000 per person per occurrence! $1,000,000 aggregate per occurrence $100,000 property damage per occurrence (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liabilitv Insurance with policy limits of not less than $1,000,000.00 combined single limits, per claim and annual aggregate. (d) Workers' ComDensation insurance in statutory amount. All of the endorsements, which are required above, shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) Attachment A 11 of 14 January 18, 2005 Item # J I Mark CavagneroAssociates Standard Consultant Agreement Page 9 of9 "POW A Y REDEVELOPMENT AGENCY and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with Agency." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to Agency." (c) Primary CoveraQe. "The policy provides primary coverage to Agency and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by Agency." 3. Insurance Certificates: Consultant shall provide Agency certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by Agency, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To Redevelopment Services: Deborah Johnson Poway Redevelopment Agency 13325 Civic Center Drive P.O. Box 789 Poway, CA 92074 To Consultant: Mark Cavagnero Mark Cavagnero Associates 1045 Sansome Street, #200 San Francisco, CA 94111 Attachment A 12 of 14 January 18, 2005 Item # / I MARK CAVAGNERO ASSOCIATES 1045 SAN$OME STREET SUITE 200 SAN FRANCISCO CALIFORNIA 94111 4153986944 SCODe of Work ,"'ark Cavagnero Associates are pleased to provide this additional service proposal to stud{ the conceptual site planning for the Brighton Housing project in light of new parameters and investigate the planning of the new 6000 sf restaurant with dedicated and shared parking options. We understand the intent of both studies will be to comprehend and develop the circulation and site access in order to relate both projects to the Old poway Park master plan area as well as to identify loads for the central HVAC system. To that end, we propose the following process and scope of work: Preliminary Work We will revisit our previous work for the Brighton Housing Project and will assess the effects of the revised site conditions. FOr the restaurant, we will research available zoning and site information. With both projects, we will review all prior studies, drawings and information made available to us of similar projects in order to familiarize ourselves with the type of project desired in Poway. We would also request a conference call with you and Niall Fritz to ask questions and confirm assumptions. The mutual understanding reached during this conference call will inform our subsequent direction, and will enable us to begin work on the conceptual site plan and restaurant plan options. Brighton Housing Conceptual Site Plan Study and Restaurant Plan Layouts Brighton Housing: We will revise and develop our previous option for the Brighton Housil1g in light of. new site understandings and parameters. We will describe this option in plan development prior to our first review with the City. The option will show the conceptual site plan integrated with the approved master plan to indicate access, circulation, as well as the relationship to the Temple Street parking lot. From this work we will be able to make recommendations about the treatment of the alley as well as the size of lot required for the desired number of units. We will also show enlarged unit plans to describe the typical unit layouts and their -<!Iationships with the circulation space. We will thEm review this preliminary option with the City to get feedback ,1d direction. Restaurant Plan Layouts: We will develop (2) floor plan options for the new, 6000 sf restaurant The first option will provide dedicated on-site parking for the Restaurant, while the second option will assume that parking is shared with other facilities. Both options will be described in plan development prior to our first review with the City, however, some preliminary massing investigations will be required to insure the plan will accommodate an appropriate massing direction during subsequent design phases. Both options will investigate (3) critical site relationships - how the restaurant addresses the street, outdoor dining location/s, and the establishment of an entrance. We understand both options shall represent the restaurant as a 'shell" that could be occupied by any number of regional chains while maintaining the exterior characteristics and sensibilities of Old Poway. Preliminary Review: Meeting One We will meet with the City to review the initial Brighton Housing conceptual site plan and both plan options for the restaurant and obtain feedback. We anticipate a day of meetings in poway for this review. Option Refinement and Development Based on the input from our meeting with the City, we will revise and develop both the restaurant and Brighton Housing further to incorporate the City's suggestions. If necessary, we will explore and develop other options for both investigations, and will develop the preferred options further in plan. We will also have a preliminary discussion with Sean Timmons of Timmons Design Engineers to ascertain an appropriate development level for both studies that will provide him with the required background information he needs to adequately address future Hydronic Main requirements for the Poway Community Campus infrastructure. Sean is contracted to -lIerform his investigation and analysis under a separate scope of work and contract, so, at this point and with spect to Sean, we will only seek to identify the level of development for the Restaurant and the Brighton Housing that he needs to anticipate their effect on the campus infrastructure. Attachment A 13 of 14 January 18, 2005 IteMr85 J.~ AM MARK CAVAGNERO ASSOCIATES 1045 SANSOME STREET SUITE 200 SAN FRANCISCO CALIFORNIA 94111 415398 6944 Subsequent Review: Meeting Two (or Conference Call) After further development of the options, we will review the conceptual site plans with you a second time. We envision this review to be done either via conference call or a day of meetings in Poway,- depending on th level of revisions from our previous meeting. For estimating purposes, the fee base outlined below assumes a day of meetings rather than a conference calf. Final Product: The final product will be the culmination of this process and will represent the best solution envisioned by the group. It will consist of the following: Briahton Housina 1. Conceptual Site Plan 2. Typical Unit Plans 3. Written Evaluation describing our assumptions and approach Restaurant 1. Plan w/ dedicated parking 2. Plan w/ shared parking 3. Written Evaluation describing our assumptions and approach In addition to distributing the above information to the City, we will also issue a copy to Sean Timmons for use in his separate scope of work on the Poway Campus Infrastructure. Compensation: Compensation for the Basic Services shall be on a Time and Materials Basis with an estimated maximum of approximately Twenty-Eight Thousand Dollars. We have set out an estimate of expended time as indicated below for the Brighton Housing and Restaurant separately, with a total of $13,670 for the Housing and $14,270 for the restaurant. Reimbursable expenses are in addition to Compensation for Basic Services and include actual expenditures made by the architect in the interest of the project for the following expenses: travel, reproductions, long distance telephone, fax and special delivery service. Compensation for Reimbursable Expenses shall be a multiple of one and one/tenth (1.1) times the amount expended by the architect. Plotting within the Architect's office will be invoiced at not more than 90% of the commercial Blueprint Service Company current rate. Attachment A 14 of 14 January 18, 2005 Itdlft'2f115lll AM