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HomeMy WebLinkAbout1990-04-24 - AGENDA REPORTS - SCRIVER WATER FEATURES STUDY (2)CONSENT CALENDAR DATE: APRIL 24, 1990 AGENDA REPORT City Manager Approval Item to be presented by: Jeff Kolin SUBJECT: AUTHORIZATION FOR THE CITY TO ENTER INTO A CONTRACT AGREEMENT FOR PREPARATION OF A WATER FEATURES STUDY ON THE SANTA CLARA RIVER AND ITS TRIBUTARIES DEPARTMENT: PARKS AND RECREATION BACKGROUND The City Council received a presentation on the Santa Clara River Water and Recreation Study at the April 17, 1990 meeting. Staff has finalized the terms of the contract with B.S.I. Consultants, Inc., and has had the agreement reviewed by the City Attorney. The first meeting of the project task force is tentatively scheduled for June 7, 1990. The project will require approximately eight months to complete. The City Council and Parks and Recreation Commission will be provided with regular project updates during the study. Plans are also underway to include representation from the U.S. Army Corps of Engineers, Los Angeles County Public Works, U.S. Fish and Wildlife, California Fish and Game, County Environmental Technical Advisory Committee and numerous local residents on the task force committee. The Santa Clara River study is an exciting project, which will provide a picture for the future development of a natural resource which will provide tremendous opportunities for the preservation of sensitive ecological areas and the development of future recreational resources.The contract for the Santa Clara River Study is attached for the Council's review. The exhibits have been summarized, and the originals are on file in the City Clerk's Office, should more detail be desired. The proposed cost of the study is $70,600, plus a five -percent contingency of $3,530, for a total of $74,130. The five -percent contingency would provide for reimbursement of printing and travel expenses not included in the cost estimates for the B.S.I. Consultants, Inc., proposal. RECOMMENDATION It is recommended that the City Council approve the attached contract agreement for the Santa Clara River Water and Recreational Features Development Opportunities Study, and award the contract to B.S.I., Consultants, Inc., in the amount of $74,130. ATTACHMENTS Contract Agreement (Scope of work and exhibits on file at City Clerk's Office) Resolution No. 90-60 . Request for Proposal Summary of Proposals Received Adopted: Agenda Item: 0 0 RESOLUTION NO. 90-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT AGREEMENT FOR THE PREPARATION OF THE SANTA CLARA RIVER WATER AND RECREATIONAL FEATURES DEVELOPMENT OPPORTUNITIES STUDY. WHEREAS, the City of Santa Clarita has identified that the Santa Clara River is an essential resource for the preservation of sensitive ecological areas and the development of recreational amenities; and WHEREAS, the City of Santa Clarita desires to conduct a planning process to determine the opportunities and constraints present in the Santa Clara River for development; and WHEREAS, the City has determined that outside expertise in hydrology, geology, biology, and river development is essential to the successful completion of the study; and WHEREAS, a request for proposal was sent to twelve qualified planning consultants, four proposals were received and reviewed by a committee of City staff and Parks and Recreation Commission representatives, who have selected a consultant; and WHEREAS, the City has budgeted funds for the completion of this study; NOW, THEREFORE, be it resolved that the City Council of the City of Santa Clarita does hereby consent to enter into a contractual agreement with B.S.I. Consultants, Inc., for the preparation of the Santa Clara River Water and Recreational Features Development Opportunities Study. PASSED, APPROVED, AND ADOPTED this day of , 1990. ATTEST: CITY CLERK MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1990, by the following of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: BSI CONSULTANTS, INC. Professional Services Agreement THIS AGREEMENT is made and entered into this day of_ April, 1990, by and between; THE CITY OF SANTA CLARITA hereinafter referred to, as "AGENCY", and BSI CONSULTANTS, INC., hereafter referred to as "BSI". IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Proiect Description The Project is described as follows: 1.2 Description of Services BSI shall perform Services described in Exhibit "A", Scope of Work, attached hereto and incorporated herein by this reference. 1.3 Responsibilities of Agency The Responsibilities of the AGENCY are described in Exhibit "B" attached hereto and incorporated herein by this reference. 1.4 Schedule of Work Upon receipt of written Notice to Proceed from the AGENCY, BSI shall perform Services in the Scope of Work in accordance with the schedule described in Exhibit "C", attached hereto and incorporated herein by this reference. BSI shall not be responsible for delay, nor shall BSI be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of AGENCY to furnish timely information or to approve or disapprove BSI'S work promptly, or delay or faulty performance by AGENCY, other contractors, or governmental agencies, or any other delays beyond BSI'S control. . A-1 ARTICLE 2 COMPENSATION 2.1 Fee 0 AGENCY agrees to compensate BSI for time and materials in accordance with the hourly rates in effect at the time the services are performed. BSI's current hourly rates are attached as Exhibit D, incorporated herein by this reference. The hourly rates are subject to annual revision if services continue beyond March 31, 1991. Total project cost shall not exceed $70,600.00, unless additional work is authorized in writing by the Agency. 2.2 Payment Address All payments due BSI shall be paid to: BSI CONSULTANTS, INC. 16880 West Bernardo Drive San Diego, California 92127 2.3 Terms of Compensation BSI will submit invoices monthly for work completed and accepted by the Agency in the previous month. Agency agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date. AGENCY agrees to notify BSI of any disputed invoice amounts within ten (10) days of the invoice date. Additionally, in the event AGENCY fails to pay any undisputed amounts due BSI within forty-five (45) days after invoices are rendered, then AGENCY agrees that BSI shall have the right to consider said default a total breach of this Agreement and the duties of BSI under this Agreement may be terminated by BSI without liability to BSI upon ten (10) working days advance written Notice. 2.4 Additional Services AGENCY may request BSI to perform additional services not covered by the specific Scope of Services set forth in this Agreement, and BSI shall perform such services and will be paid for such additional services when they are mutually agreed to and made part of this Agreement by written amendment. A-2 ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification BSI -agrees to indemnify and hold harmless AGENCY, its officers and employees from and against liability, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of BSI in the performance of this Agreement. 3.2 Workmen's Compensation BSI maintains Workers' Compensation and Employer's Liability Insurance of a form and in an amount as required by state law. 3.3 General Liability BSI maintains Comprehensive General Bodily Injury and Property Damage Liability, including Automobile (owned, non -owned, or hired), in the amount of One Million Dollars ($1,000,000.00), combined single limits per occurrence and annual aggregate. 3.4 Notice of Cancellation BSI agrees to provide thirty (30) days written Notice to AGENCY prior to modification or cancellation of any policy. 3.5 Agency Provided Information AGENCY agrees to indemnify and hold harmless BSI, its officers and employees from and against any and all liability, damages, costs, losses, claims and expenses due to incorrect data or information provided by the AGENCY including-, but not limited to, utility locatin data, as -built drawings, topographic survey, geotechnical reports, etc. A-3 0 0 ARTICLE 4 TERMINATION 4.1 Termination of Contract This Agreement may be terminated by either party at any time with or without cause upon thirty (30) days prior written Notice. In the event of termination by AGENCY, BSI shall be entitled to compensation within thirty (30) days of submittal of invoice for all costs incurred and fee earned for services performed to the date of termination and/or cancellation and through demobilization including any cancellation charges by subconsultants and/or contractors. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents All plans, guide specifications, reports and other documents prepared by BSI pursuant to this Agreement shall be deemed the property of the AGENCY. BSI CONSULTANTS, INC., shall not be held liable for the reuse or use of these documents for projects other than the Santa Clara River Project. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation An AGENCY representative shall be designated by the _AGENCY and a BSI representative shall be designated by BSI as the primary contact person for each party regarding performance of this Agreement. AGENCY Representative BSI Representative Jeff Kolin, Director Ernest R. Hamilton Parks and Recreation BSI CONSULTANTS, INC. 23920 Valencia Blvd. 7120 Hayvenhurst Avenue, #300 Santa Clarita, CA. 91355 Van Nuys, CA. 91406 A-4 6.2 Non -Discrimination In the performance of the terms of this Agreement, BSI shall not engage in discrimination in the employment of persons because of race, creed, color, religion, national origin, age, physical handicap, marital status or sex. 6.3 Legal Action Should either party to this Agreement bring legal action against the other, the case shall be handled in San Diego County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgement. 6.4 Assignment This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the above, BSI may use the services of persons and entities not in their employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. BSI's use of others for additional services shall not be unreasonably restricted by the AGENCY provided BSI notifies the AGENCY in advance. 6.5 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.6 Extent of Agreement This Agreement represents the entire and integrated Agreement between AGENCY and BSI and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. A-5 0 6.7 Conflicts of Interest Neither BSI, nor any officer of the corporation, has any interests, nor shall acquire any interest directly or indirectly which will conflict in any manner or degree with the performance of the BSI services hereunder. BSI warrants that no person having such an interest shall be employed by BSI. BSI further warrants that BSI is not contracted with nor performing any services directly or indirectly with a developer or property owner or firm or partnership owning property in the project area and further agrees that BSI or any subcontractor shall provide no service or enter into any contract with any developer, individual, firm or partnership owning property in the project area prior to completion of this project. WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. BSI CONSULTANTS, INC. BY: 106t.,J Richard A. Fisher, A.S.L.A. Date: '� I'q Q TITLE: Senior Vice President ..Date: Date: ATTEST: MW TITLE: Mayor BY: TITLE: City Clerk A-6 SUP94ARY OF CONTRACT EXHIBITS EXHIBIT "A" — WORK PLAN AND SCOPE OF SERVICES The work plan and scope of services is divided into six (6) major divisions of work. The six (6) divisions of tasks are summarized below. I. Landscape Architecture and Master Planning II. Recreation and Feature Planning III. Hydrological and Water Reclamation IV. Geological and Environmental V. Transportation/Traffic Impacts VI. Task Force Management and Project Management EXHIBIT "B" — CITY OF SANTA CLARITA AGENCY RESPONSIBILITIES This exhibit specifies the responsibilities and materials the City is responsible to provide to the study, i.e., existing maps, reports, scheduling of meetings, prompt responses to requests to review work, etc. EXHIBIT "C" — PROJECT SCHEDULE Describes timetable for completion of major elements of the study. Target starting date is June 7, 1990. Target completion date is December or January 1990/91. EXHIBIT "D" — PROFESSIONAL FEES This exhibit breaks out the various parts of the study, and distributes the budget for the project to them. It will be used to review and justify requests for progress payments. CITY OF SANTA CLARITA PROPOSAL SPECIFICATIONS FOR A DRY RIVER WATER AND RECREATIONAL FEATURES DEVELOPMENT AND OPPORTUNITIES STUDY SUBJECT: This is a Request for Proposal to prepare an analysis of opportunities, constraints, and cost factors for the development of water, greenbelt and recreational features (lakes, fountains, spray fountains, wildlife habitat, duck ponds, aquaculture ponds, streams and parks) in the City of Santa Clarita. The City of Santa Clarita is inviting proposals from qualified consultant firms and individuals experienced with development of water features for the preparation of and analysis of environmental, hydrological, and geological constraints and costs for development of water and recreational features. Before 1900 local residents reported that they regularly fished in the Santa Clara River. Now, water flows in the City's stream only after heavy rainfall. The City is interested in restoring the presence of surface water and integrating of existing drainages with ecosystems and man-made features. The purpose of this project is to provide the City with information which to proceed with the development of water and recreational features in the City. GENERAL CONDITIONS: Limitation: This Request for Proposal (RFP) does not commit the City of Santa Clarita (referred to as the "City") to award a contract, to pay any cost incurred in the preparation of a proposal in response to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of this RFP. Award: The City may request RFP respondents (also referred to as offeror) to present an oral briefing of their proposal. All finalists may be required to participate in negotiations and to submit such revisions of their proposals as may result from negotiations. The City reserves the right to award a contract without discussion, based upon the initial proposals. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and a technical viewpoint. Criteria which will be used in evaluating proposals include: A. The quality of the proposal, including comprehensiveness and responsiveness to the requirements of this RFP. B. Experience of the principal(s) working on previous water and recreation feature studies and recreational master plans for rivers. C. The qualifications of the principal(s). D. Willingness and demonstrated ability to meet deadlines. Page 1. E. Estimated cost. F. Proposed plan of action. Signature: The offeror's proposal shall provide the following information: name, title, address, and telephone number of individuals with authority to bind the offeror and also who may be contacted during the period of proposal evaluation. The offeror's proposal shall be signed by an official authorized to bind the offeror, and shall contain a statement to the effect that the proposal is a firm offer. SCOPE OF WORK• The work of the consultant shall result in distinct products as follows: 1. A report summarizing any physical constraints that may affect the development of water features within the project area, including a qualitative assessment of topography, soils, hydrological, and other factors that might preclude development of water features shall be submitted. 2. The consultant team shall also develop and submit a report evaluating the biological resources that are present in the Santa Clara River and any associated drainages that might be affected by the development of water features within the project area, including possible increased water releases from Bouquet Dam and Drinkwater Reservoir. 3. A consensus of the Parks and Recreation Commission, Planning Commission and City Council as to the size, type, and location of future water features in the City. The public involvement process should be stressed. 4. Consultant team will work with City staff to define the study area and geographic limits. Field surveys shall be conducted by the consultant team to familiarize themselves with the area and obtain information for other phases of the project. The study area may include all or portions of the Santa Clara River, Newhall Creek, Bouquet Creek and San Francisquito Creek. Subsequent phases shall include more detailed geotechnical, hydrological, and engineering analyses. 5. The consultant team will identify those agencies that will need to be consulted before and during development of the water and recreational features envisioned for the project area, including water agencies, State Fish and Game, Corps of Engineers, etc. The team will identify any permits and clearances that will be required to proceed, and meet with appropriate federal, state, and county agencies to determine any constraints affecting the approval of such permits and clearances. Page 2. 6. An analysis of sand and gravel excavation in river bottom as a potential means of lake and pond development. 7. A survey of the market area to determine interest in user fee based support. 8. The consultant team shall analyze the feasibility of the use of reclaimed or effluent water from nearby treatment plants for creation of water features. The findings of the project team will be compiled in a report documenting the findings of the background survey completed in Task 2, and the constraints analysis in Tasks 1 and 2 and 5 through 8. Consultant team shall meet with the City staff, City Council, Planning Commission and Parks and Recreation Commission to describe the findings. PROPOSAL: The prospective consultant shall provide the City with a detailed scope of work concerning the consultant's proposed approach to the project and the types of investigations the consultant proposes to undertake during the course of the study. The project description should be supported with information on the specific methodology the consultant will employ, the breadth of the study (including whether primary or secondary research will be undertaken), and the study's output. CONSULTANT EXPERIENCE: The offeror shall provide the City with the following information. 1. A description of the offeror's firm, organizational structure, location of principal offices, number of professional personnel, and other pertinent information including the names and experience of all staff members who will work on the project. 2. Related project experience and client references. 3. The name of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City staff contact on all matters dealing with the project, and will handle the day-to-day activities through to completion. An experience and project resume of this individual shall be included. 4. The names of any outside consultants or subcontractors to be utilized, along with the experience and project resume. FEES: The offeror's proposal shall provide a listing of positions to be employed on the project and their corresponding hourly rates. The City has budgeted $70,000 to complete the study by January 30, 1991. Page 3. In preparing the cost proposal, offeror shall consider the estimated level of effort in the performance schedule set forth elsewhere in the RFP. Offeror must set forth an all-inclusive, not -to -be -exceeded cost for services. Offeror will not exceed the stated fee unless additional work is approved prior to the work actually being performed. The City is under no obligation to approve such additional work. TIME SCHEDULES• The offeror shall indicate the total time frame proposed to complete the study. The time required to complete each task identified in the scope of work shall also be presented. This section should be presented in graphic form. The City desires to complete the study no later than January 30, 1991. The proposals must be submitted prior to 5:00 p.m. on February 15, 1990 (postmarks are not accepted). The bid shall be delivered in a sealed envelope marked "Water Feature Study for City of Santa Clarita." The documents should be submitted to Jeff Kolin, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, City of Santa Clarita, California 91355. Any questions regarding the City or the proposal may be addressed to Director of Parks and Recreation, Jeff Kolin, at (805) 255-4978. GENERAL INFORMATION: 1. The proposal shall be signed by an authorized official of the consulting firm. 2. The proposal shall state that it is a firm offer and valid for a minimum of ninety (90) days. 3. Please provide any exceptions, additions or suggestions which will aid the City in its selection process. 4. The terms and scope of the contract will be arrived at on the basis of negotiations between the City and the prospective consultant. If the City and prospective consultant fail to reach a contractual agreement, the City may renegotiate with any other top selected offeror. PROPOSAL FORMAT AND CONTENT: All proposals must be complete. Proposal content is important. Although no page limitation is imposed, clarity and concise expressions are essential in assessing the offeror's capabilities. The offeror shall submit ten (10) copies of the proposal with all information requested in this RFP. THE PROPOSAL -GENERAL: To facilitate the offeror's preparation of the proposal and the subsequent proposal evaluation, each proposal shall contain the following major sections: Page 4. A. Introduction to the firm/individual. 1. Summary of capabilities/qualifications. 2. Special expertise. 3. Experience with similar entities. B. Recapitulation of services. C. Resumes of personnel proposed for service to City.* D. List of references.* E. A completed disclosure statement (Attachment A). F. A completed affirmative action statement (Attachment B). G. A completed hold harmless statement (Attachment C). * The City reserves the right to contact these and other entities to determine the qualification of the proposal. The proposer consents to this action through submittal of,a proposal. INSURANCE• A. Offeror must maintain professional errors and omissions coverage with comprehensive general liability and property damage insurance covering all operations hereunder of offeror, its agents, and employees, including but not limited to premises and automobile with minimum coverage of $1 million combined single limits. Evidence of such coverage, in the form of a certificate of insurance and policy endorsement which names the City of Santa Clarita, its officers, employees and agents as additional insured shall be submitted with the proposal. Said policy or policies shall provide for thirty (30) days written notice to the City Clerk of the City of Santa Clarita of cancellation or material change. B. The offeror shall carry workers' compensation insurance in the statutory amount and employer's liability coverage. Evidence of such insurance is to be furnished to the City in the manner provided in paragraph A above. Page 5. ATTACHMENT A CITY OF SANTA CLARITA DISCLOSURE STATEMENT The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. 2. If any person identified pursuant to No. 1, above, is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to No. 1, above, is a non-profit organization or a trust, list the names of any persons serving as a director of the non-profit organization or as a trustee or beneficiary or trustor of the trust. 4. Have you had more than $250.00 worth of business transacted with any member of City staff, boards, commissions, committees and council within the past twelve months? If yes, please indicate the person(s) with whom you have conducted business. Note: Attach additional pages as necessary. Signature of Applicant/Date Print or Type Name of Applicant Page 6. ATTACHMENT B EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The offeror hereafter described will not discriminate against any employee or applicant for employment because of race/color, national origin, sex, sexual preference, religion, age, or handicapped status in employment or the provision of services. By Signature Typed Name and Title Page 7. ATTACHMENT C HOLD HARMLESS AGREEMENT Consultant agrees to indemnify and hold harmless the City of Santa Clarita against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the consultant or any of its officers, agents, or employees. By Signature Typed Name and Title Page 8. 1. 2. 3. 4. SUMMARY OF SANTA CLARA RIVER PROPOSAL Firm BSI Consultants, Inc. Peridian Group, Irvine Phillip Williams & Associates The SWA Group Cost $70,600 (plus printing & travel) $70,000 (plus printing) $73,855 $72,235