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HomeMy WebLinkAboutReso 1987-13193 RESOLUTION NO. 13193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND GEORGE T. SIMPSON AND WILLDAN ASSOCIATES FOR CONSULTANT SERVICES FOR THE PREPARATION OF A FINANCING PLAN FOR THE PROPOSED EASTLAKE I EXPANSION AREA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the EastLake Development Company is in the process of preparing a General Plan Amendment which will include EastLake I plus additional property now within EastLake II and has requested the City to prepare a Financing Plan for public facilities which will be required by the expanded development in conformance with Council Policy, and WHEREAS, it is proposed to retain consultants for the preparation of the plan for which all costs will be paid for by the developers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that those certain agreements between THE CITY OF CHULA VISTA, a municipal corporation, and GEORGE T. SIMPSON and WILLDAN ASSOCIATES for consultant services for the preparation of a Financing Plan for the proposed EastLake I Expansion area, copies of which are attached hereto and incorporated herein, the same as though fully set forth herein be, and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by rector of Thomas J. Harr ty Public Works/City Engineer Attorney 3174a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF U,~ULA VISTA, CALIFORNIA, this llth d~y Of August 19 87 , by the following vote, to-wit: AYES: Councilmembers ~cCa~d~ss, Cox, Hague, ~ade~, ~1co1~ NAYES: Counci ]members ~one ABSTAIN: Counci lmembers ~oae ABSENT: Counci 1 members None ~ ' City Cler~ S . FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Colifornia, DO HEREBY CERTIFY that the obove and foregoing is a full, true ond correct copy of RESOLUTION N0. 13193 ,ond that the same hos not been amended or repealed DATED  City Clerk ClT OF CHULA Vib'[A CC-G60 AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this llth day of August · 1987, by and between THE CiTY OF CHUL~rI~'A, a municipal corporation (hereinafter referred to as "City'') and WILLDAN ASSOCIATES (hereinafter referred to as "Consultant") W TNESSETH: WHEREAS, the EASTLAKE DEVELOPMENT COMPANY is in the process of preparing a General Plan Amendment which will nclude EASTLAKE I plus additional property now within EASTLAKE l I, and WHEREAS, Council Policy requires that "required public services in fact be provided concurrent with need," and WHEREAS, Council Policy requires "a plan for financing public facili- ties", and WHEREAS, City is desirous to hire a Consultant to prepare a Public Facilities Financing Plan for the EASTLAKE I EXPANSION area. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: SCOPE OF SERVICES SECTION 1o The goal of the overall effort is the preparation of an amend- ment to the EastLake I Public Financing Plan for financing public facilities in the area of EastLake I south of Telegraph Canyon Road. Under the generaI supervision of City Manager, or his designated representative, Consultant shah perform the following services: A. TASK 1: REVIEW OF PLANS AND REPORTS 1. EIR and support documents. 2. Development Agreements - propnsed amendments. 3. Proposed General Plan Amendment. 4. Decisions on private facilities - streets. B, TASK 2: REVIEW EXISTING ASSESSMENT DISTRICT 85-2 (SEWER AND WATER) i 1. Determine the effect of the existing assessments for water and ~ sewer on the EASTLAKE I expansion area. C. TASK 3: ASSEMBLE DATA AND MATERIAL NECESSARY TO TEST FINANCIAL FEASIBILITY OF FINANCING PLAN, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 1. Prepare an estimated annual rate of development for each land use, i.e., residential dwelling units, industrial and commercial equivalent dwelling units. 2. List all public facility projects required for buildout of EastLake I Expansion with the following information for each project: a. Description (diagram - dimensions) b. Preliminary cost estimate (units - quantities) c. Year of need (criteria) d. Type of benefit (special, general, incidental) e. Preliminary proposed method of financing (subdivision fees, Facilities Benefit Assessment procedure, Mello-Roos Community Facilities Act of 1982, special assessment proceedings, reim- bursement districts and others). 3. Prepare estimate of land values by parcel (selected areas) utilizing existing data. D. TASK 4: REVIEW RECLAIMED WATER PROJECT FINANCING ALTERNA- TIVES, 1. Line constructed north of Telegraph Canyon Road including possible acquisition. 2. Public/Private status of ownership of the line and maintenance responsibility. 3. Use of Assessment District and/or other means of financing. E. TASK 5: REVIEW EASTLAKE DEVELOPMENT IMPACT FEES (FEB. 1986) 1. Expand to include FIRE facilities for additional 2,681 dwelling units. 2. Expand to include COMMUNITY PARK improvements to include addi- tional 2,681 dwelling units. F. TASK 6: OFFSITE IMPROVEMENTS 1. Review the requirement and amount of the EASTLAKE I EXPANSION participation in offsite street improvements. G. TASK 7: COORDINATION AND COMMUNICATION 1 . Arrange and schedule necessary meetings with appropriate City staff. 2. Provide communication between consultants, developer and City. I-I. TASK 8: PREPARE AND SUBMIT A PUBLIC FACILITIES FINANCING PLAN (AMENDED} FOR THE EASTLAKE I EXPANSION AREA 1. Recommendations for specific financing mechanism for each public facility identified in the EASTLAKE I EXPANSION PLAN. 2. Where an assessment (13/15 Act), special tax (Mello-Roos), or impact fees are recommended, the following information will be provided: a. Description and cost estimate of project b. Preliminary district boundaries c. Basis and methodology of the spread of costs d. Demonstration of financial feasibility 3. Where revisions to impact fees or assessment districts are recom- mended, an implementation program will be provided. 4. Twenty-five (25) copies of the FINANCING PLAN will be provided to the City. SECTION 2. A. The amount of time estimated to prepare and complete the FINANCING PLAN is nine to twelve months. Its completion will be coordinated with processing of the proposed General Plan Amendment. B. The consulting services under this Agreement shall be continuing until completion of the project or termination of this Agreement. FEE FOR SERVICES SECTION 3. Consultant shall perform the Public Financing Plan services, as set forth in Section 1, for a lump sum fee of $40,000. The cost of printing and reproduction of the final report shall be reim- bursed to Consultant, at his direct cost, said amounts not to exceed $1,500. based on current hourly rates (see Exhibit "A" for hourly rates). The total remuneration for preparation of the Public Financing Plan shall not exceed $41,500. unless further written authorization is given by the City. Invoices will be submitted on a monthly basis based on a percentage complete of the project completed at that time. SERVICES BY CITY SECTION 4. City further agrees to furnish to Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Consultant in the performance of these services, CONFLICT OF INTEREST SECTION 5. Consultant presently has and shall acquire no interest whatsoever in the subject matter of this Agreement, direct or indirect, which would con- stitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by Consultant under this Agreement. TERMINATION OF AGREEMENT FOR CAUSE SECTION 6. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by Consultant shall, at the option of City, become the property of City and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Section 3, herein- above. City agrees not to use any of the above referenced documenta- tion on any other project without the written consent of the Consultant. Consultant may retain whatever copies he deems necessary. TERMINATION FOR CONVENIENCE OF CITY SECTION 7. City may terminate this Agreement at any time and for any reason by giving written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. in that event, all finished and unfinished documents and other materials described in Section 7, hereinabove, shall, at the option of the City, become City's sole and exclusive pro- perty. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 3, herein- above, in the event of such termination. City agrees not to use any of the above referenced documentation on any other project without the written consent of the Consultant. Consultant may retain whatever copies he deems necessary. ASSIGNABILITY SECTION 8. Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to Consultant from City under this Agree- ment may be assigned to a bank, trust company, or other financial insti- tution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL SECTION 9. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by Consultant in the United States or in any country with- out the express written consent of the City. City shall have unre- stricted authority to publish, disclose (as may be limited by the provi- sions of the Public Records Act), distribute, and otherwise, use, copy- right or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. INDEPENDENT CONTRACTOR SECTION 10. City is interested only in the results obtained, and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Project Manager~s final work product as each phase of this Agreement is completed. Consultant and any of Project Manager's agents, employees, or representatives are, for all purposes under this Agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, includ- ing, but not limited to, overtime, retirement benefits, worker~s compen- sation benefits, injury leave, or other leave benefits. CHANGES SECTION 11. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Project Manager's compensation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. INDEMN IFICAT1ON SECTION 12. Consultant agrees to indemnify, defend, and save harmless City, its Council officers, and employees from and against any and all liability, expense, and claims for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or connected with Consultant's negligent, willful or unlawful actions, operations, or services hereunder, including any Workers' Compensation suits, liability, or expense arising from or con- nected with services pursuant to this Agreement. INSURANCE SECTION 13. Without limiting Consultant's indemnification of City, Consultant shall provide and maintain at its own expense during the term of this Agree- ment, a policy or policies of insurance covering its operations under this Agreement as specified herein below. Such insurance shall be secured through a carrier licensed to clo business in California. Certificates evidencing such insurance, along with significant endorsements, shall be delivered and filed with City on or before the effective date of the Agreement. The certificates shall specifically identify this Agreement and shall contain express conditions that City is to be given at least thirty (30) days written notice in advance of cancellation of any policy of insurance. A. General Liability: Such insurance shall include, but is not limited to comprehensive general and automobile liability with combined single limit of not less than 1,000,000 per occurrence and annual aggregate. Such insurance shall be primary to any other similar insurance and shall name City as an additional insured. B. Workers~ Compensation: Consultant shall cover its employees with Workers~ Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of Califor- nia, and which specifically cover the persons and risks involved in this agreement. C. Professional Liability: Consultant shall maintain Professional Liabil- ity insurance in an amount not less than 1,000,000 per occurrence and annual aggregate. IN WITNESS WHEREOF, City and Consultant have executed this Agree- ment on this 14th day of August , 1987. THE CITY OF CHULA VISTA CONSULTANT Mayor: of' t,h~ C~y of ChUI~' Vista ~c . aco Approved as to form by City brney ~' 'J/l AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this llth day of August 1987, by and between THE CITY OF CHUL/C~7Fj'TA, a municipal corporatioA (hereinafter referred to as "City") and GEORGE T. SIMPSON (hereinafter referred to as "Project Manager"); WITNESSETH: WHEREAS, the EASTLAKE DEVELOPMENT COMPANY is in the process of preparing a General Plan Amendment which will include EASTLAKE I plus additional property now within EASTLAKE II, and WHEREAS, Council Policy requires that "required public services in fact be provided concurrent with need," and WHEREAS, Council Policy requires "a plan for financing public facili- ties", and WHEREAS, City is desirous to hire a Project Manager to coordinate all activities of the staff, certain retained consultants, and the developer as it relates to the preparation of a Public Facilities Financing Plan for the EASTLAKE I EXPANSION area. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: MANAGEMENT SERVICES SECTION 1. The general and continuing services throughout the prepara- tion and implementation of the Financing Plan to be provided by the Project Manager, at the direction of the City Manager or his designee, shall be the following: A. Coordinate the activities of support consultants retained by the City as relates to implementing the Scope of Work (Attachment "A'l) for the preparation of the EASTLAKE I EXPANSION PUBLIC FACILITIES FINANCING PLAN. B. Assist and advise the City in the preparation and implementation of the FINANCING PLAN. C. Attend such meetings of City Council, Planning Commission, City staff, developer and other agencies as may be required. D. Review report documents or studies for the City as may be directed and required. E. Coordinate City Staff, owner/developers, consultants, and other agencies in the development of the FINANCING PLAN. F. Arrange and schedule necessary meetings. SECTION 2. A. The amount of time estimated to prepare and complete the FINANCING PLAN is nine to twelve months. Its completion will be coordinated with processing of the proposed General Plan Amendment. B. The general management services under this Agreement shall be continu- ing until completion of the project or termination of this Agreement. FEE FOR SERVICES SECTION 3. Project Manager shall be paid a fee based on a hourly rate of $85.00 per hour, plus reimbursement for all out-of-pocket expenses outside of normal office expenses, including but not limited to, travel, printing, map preparation, aerial photography and related documentation reproduc- tion. All fees will be payable on a monthly basis upon an invoice sub- mitted by the Project Manager. The fee for Project Management Services shall not exceed $12,000.00, unless further written authorization is given by the City. SERVICES BY CITY SECTION 4. City further agrees to furnish to Project Manager, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Project Manager in the performance of these services. CONFLICT OF INTEREST SECTION 5. Project Manager presently has and shall acquire no interest whatsoever in the subject matter of this Agreement, direct or indirect, which would 2 /~ constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by Project Manager under this Agreement. Project Manager specifically certifies that neither Project Manager nor any other person employed or retained by Project Manager has performed work for or on behalf of developers/owners in subject area. Project Manager specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to Project Manager or any employee, agent, or representative of Project Manager, by the develop- ers/owners, any employee, agent or representative of the Project Mana- ger regarding the subject matter of this Agreement, or any future project in which Project Manager has an interest. TERMINATION OF AGREEMENT FOR CAUSE SECTION 6. If, through any cause, Project Manager shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Project Manager shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Project Manager of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or un- finished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by Project Manager shall, at the option of City, become the property of City and Project Manager shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Sec- tion LI, hereinabove. TERMINATION FOR CONVENIENCE OF CITY SECTION 7. City may terminate this Agreement at any time and for any reason by giving written notice to Project Manager of such termination and specify- ing the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section 7, herein- above, shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Project Manager shall be entitled to receive just and equit- able compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Project Manager hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 4, hereinabove, in the event of such termination. ASS IGNAB I LITY SECTION 8. Project Manager shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to Project Manager from City under this Agreement may be assigned to a bank. trust company, or other financial institution without such approval. Notice of such as- signment or transfer shall be furnished promptly to City. Any assign- ment requiring approval may not be further assigned without City approval. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL SECTION 9. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by Project Manager in the United States or in any country without the express written consent of the City. City shall have unre- stricted authority to publish, disclose (as may be limited by the provi- sions of the Public Records Act), distribute, and otherwise, use, copy- right or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. INDEPENDENT CONTRACTOR SECTION 10. City is interested only in the results obtained, and Project Manager shall perform as an independent contractor with sore control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Project Manager's final work product as each phase of this Agreement is completed. Project Manager and any of Project Manager~s agents, employees, or representa- tives are, for all purposes under this Agreement, an independent con- tractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are en- titled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES SECTION 11. City may from time to time require changes in the scope of the services by Project Manager to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Project Manager's compensation, which are mutually agreed upon by City and Project Manager shall be effective as amendments to this agreement only widen in writing. INDEMNITY SECTION 12. Consultant shall indemnify and hold Owner free and harmless from any and all claims, losses, damages, injuries, and liabilities arising from the death or injury of any person or persons, includin9 employees of Con- sultant, or from damage or destruction of any property or properties, caused by or connected with any negligent error, act or omission by Consultant, his agents, subcontractors, employees, or servants in con- nection with his services under this agreement. IN WITNESS WHEREOF, City and Project Manager have executed this Agreement on this ]_41:b_ day of August 1987, Chdla Vista "efty Clerk ' ~-/' ~ Approved as to form by City Attorney ATTACHMENT "A" EASTLAKE I EXPANSION PUBLIC FACILITIES FINANCING PLAN THE GOAL OF THE OVERALL EFFORT IS THE PREPARATION OF AN AMEND- MENT TO THE EASTLAKE I PUBLIC FINANCING PLAN FOR FINANCING PUBLIC FACILITIES IN THE AREA OF EASTLAKE I SOUTH OF TELEGRAPH CANYON ROAD. SCOPE OF WORK A. TASK 1: REVIEW OF PLANS AND REPORTS FIR and support documents. Development Agreements - proposed amendments. Proposed General Plan Amendment. Decisions on private facilities - streets. B. TASK 2: REVIEW EXISTING ASSESSMENT DISTRICT 85-2 (SEWER AND WATER) - Determine the effect of this EASTLAKE I expansion area on the existing assessments for water and sewer. C. TASK 3: ASSEMBLE DATA AND MATERIAL NECESSARY TO TEST FINANCIAL FEASIBILITY OF FINANCING PLAN, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: - Prepare an estimated annual rate of development for each land use, i.e., residential dwelling units, industrial and commercial equivalent dwelling units. - List all public facility projects required for buildout of EastLake I Expansion with the following information for each project: a. Description (diagram - dimensions) b. Cost estimate (units - quantities) c. Year of need (criteria) d. Type of benefit (special, general incidental) Page 2 e. Preliminary proposed method of financing (subdivision fees, Facilities Benefit Assessment procedure, Mello-Roos Community Facilities Act of 1982, special assessment proceedings, reim- bursement districts and others). - Prepare estimate of land values by parcel (selected areas) utilizing existing data. D. TASK 4: REVIEW RECLAIMED WATER PROJECT FINANCING ALTERNA- TIVES. Line constructed north of Telegraph Canyon Road including possible acquisition. Public/Private status of ownership of the line and maintenance responsibility. Use of Assessment District and/or other means of financing. E. TASK 5: REVIEW EASTLAKE DEVELOPMENT IMPACT FEES (FEB. 1986) Expand to include FIRE facilities for additional 2,681 dwelling units. Expand to include COMMUNITY PARK improvements to include addi- tional 2,681 dwelling units. F. TASK 6: OFFSITE IMPROVEMENTS Review the requirement and amount of the EASTLAKE I EXPANSION participation in offsite street improvements. G. TASK 7: COORDINATION AND COMMUNICATION Arrange and schedule necessary meetings with appropriate CITY staff, Provide communication between consultants, developer and CITY. H. TASK 8: PREPARE AND SUBMIT A PUBLIC FACILITIES FINANCING PLAN (AMENDED) FOR THE EASTLAKE I EXPANSION AREA - Recommendations for specific financing mechanism for each public facility identified in the EASTLAKE 1 EXPANSION PLAN. Page 3 Where an assessment (13/15 Act), special tax (MeHo-Roos), or impact fees are recommended, the following information will be provided: a. Description and cost estimate of project b. Preliminary district boundaries c. Basis and methodology of the spread of costs d. Demonstration of financial feasibility - Where revisions to impact fees or assessment districts are recom- mended, an implementation program will be provided. - Twenty-five {25) copies of the FINANCING PLAN will be provided to the City.