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HomeMy WebLinkAboutReso 1971-6034 RESOLUTION NO. 6034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING JOINT EXERCISE OF POWERS AGREEMENT AMONG THE CITY OF CHULA VISTA, THE SAN DIEGO UNIFIED PORT DISTRICT AND SEDWAY/COOKE, CONSULTANTS, FOR PLANNING SERVICES FOR THE CHULA VISTA BAYFRONT AREA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement among THE CITY OF CHULA VISTA, THE SAN DIEGO UNIFIED PORT DISTRICT and SEDWAY/COOKE, CONSULTANTS for planning services for the Chula Vista Bayfront area, dated the 20th day of April , 1971 , a copy of which is attached hereto and incorporated herein, the same- as though fully set forth herein be, and the same is 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 agreement for and on behalf of the City of Chula Vista. si:dbY ~~d~ Bruce H. Warren, Director of Planning Approved as to form ~~dber~, City ADOPTED ~ND APPROVED VISTA, CALIFORNIA, this 20th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of April , 19Z1:.-., by the AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ATrJ] ~ ~,~/~ ~ City Cl rk . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been City Clerk Go UNIfl'IG.Q pORT CISTRtC::-; SAN CIE , . . ]..4.U.L- JOINT EXERCISE OF POWERS AGREEMENT BETWEE~~E~I~M~Y' 1 \91' OF CHULA VISTA AND THE SAN DIEGO UNIFIED ~.~~~RPe'---------- AND SEDWAY/COOKE, CONSULTANTS, FOR PLANNINGlc~~llJ~E.S_;___' - CHULA VISTA TIDELANDS AND ADJOINING UPLAND'!l ARj;....'CE O~ THE C..."'" THIS JOINT EXERCISE OF POWERS AGREEMENT, made and entered into this 20th day of. April City of Chula Vista jointly with the inafter referred to as "Agency", and as "Consultant II i . , 1971, by and between the San Diego Unified Port District, here- Sedway/Cooke, hereinafter referred to WIT N E SSE T H --------- - WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes public agencies to contract with each other to jointly exercise a power common to said contracting parties, and WHEREAS, the City of Chula Vista and the San Diego Unified Port District, pursuant to said authorization, desire to enter into such an agreement to establish an Agency to engage Sedway/Cooke, a Consultant, to render certain professional planning services hereinafter described relative to the future planning of the Chula Vista Tidelands and ad- joining uplands area, and WHEREAS, the City of Chula Vista and the San Diego Unified c_r' Port District desire to expend the total sum of FORTY-TWO THOUSAND, FIVE HUNDRED DOLLARS ($42,500.00) and to create a contingency fund in the sum of FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500.00) and each party shall contribute an -equal amount for said services and contingency fund in the amount of TWENTY-FOUR THOUSAND DOLLARS ($24,000.00). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Employment of Consultant. The Agency hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth. 2. Study Area Established. The Consultant shall perform all. the necessary services pro- vided under this agreement in connection with and respecting the following area: The area to be studied is that land between the mean high tide line and the pierhead line, and between "J" Street and the Sweetwater River Flood Control Channel. The adjoining uplands property is that area westward of Interstate 5 to the mean high tide line and between "J" Street and the Sweetwater River Flood Control Channel. 3. Scope of Services. The Consultant shall do, perform, and carry out in a sati~- factory and proper manner, the following services: See- Appendix "A" Attached. .-.;'-'. 4. Data and Services to be Furnished to Consultant. All information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work - 1 - Rex 603'1 shall be furnished to the Consultant without charge by the Agency, and the Agency shall cooperate with the Consultant in every way possible in the carrying out of the planning work. Cost estimates relating to preparation of land for development, proposed public infrastructure, and typical building construction situations shall be provided by the Agency to the Consultant without charge and within two weeks of the receipt of such request. 5. Personnel. The Consultant represents that he has, or will secure at his own expense, all personnel" required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the Agency. All of the services required hereunder will be performed by the Consultant or under his supervision, provided that studies of market demand/economics, soils and ecology shall be undertaken by Gruen Gruen & Associates, Earth Sciences Associates and Dr. Thomas Harvey, respectively. None of the work or services covered by this agreement shall be subcontracted without the prior written approval of the Agency, provided, however, that if, after a preliminary review of available information, it is determined that additional studies of hydrological factors are necessary, the services of a qualifie0 subcontracted con- sultant may be used by Contractor. 6. Time of Performance. The services of the Consultant are to commence as soon as practicable after the execution of this agreement and shall be under- taken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any event all of the services required hereunder shall be completed prior to November 30, 1971. 7. Compensation. The Agency agrees to pay the Consultant the total sum of FORTY-TWO THOUSAND, FIVE HUNDRED DOLLARS ($42,500.00) for the above services, provided, however, that an additional amount authorized as a contingency fund, specified in the following paragraph may be paid under the conditions noted. 8. Contingency Fund. A contingency fund of FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00) shall be created and may be expended by the Consultant, provided that the official designee or designees of the Agency shall have reviewed the request and granted written approval for the expen- diture. The Consultant, in any such request shall specify the infor- mational gap relating to the areas of soils and geology, hydrology, ecology, and civil engineering, and the relationship of that need to the overall planning effort. 9. Method of Payment. The City OfChula Vista and the San Diego Unified Port District being jointly referred to as the Agency each agree to deposit the sUm of TWENTY FOUR THOUSAND DOLLARS ($24,000.00), concurrent and within ten (10) days subsequent to the execution;of this agreement, "in a trust fund to be established by the Director of Finance of the City of Chula Vista who shall be responsible for the payment to the Consultant pursuant to the methods set forth herein. - 2 - J{ e;. UU'I The Agency will pay the Consultant the "Compensation" above which shall constitute full sation for the Consultant's services hereunder. in the following manner; amount set forth in and complete compen- Such sum will be paid Four payments each equalizing 22.5% ($9,562.50) of the total payment due under this agreement. Payment of the final 10% shall be withheld until receipt by the Agency of the final report. Payments shall be invoiced at the following times after com- mencement of the agreement: 1) at the end of the first month; 2) at. the end of the. second month; 3) at the end of the fourth month; and 4) at. the end of the sixth month. The final 10% payment shall be made upon submission of the final report. Any additional payments required to be made from the Contingency Fund authorized above, shall be invoiced separately after the costs have been incurred. 10. Meetings and Liaison. The Consultant shall maintain contact with the Planning Dir- ectors of the City of Chula Vista and the San Diego Unified Port District and shall consult with them as. frequently as may be necessary. At the start of Phase I, Consultant shall conduct an introductory meeting to convey the planning approaches to be employed. At the'end of Phases I, II, III, and IV, Consultant shall be prepared to make presentations to, or have review sessions with, the Board of Port Commissioners and the Planning Commission of the City of Chula Vista relative to the program. Consultant shall participate in not.more than eight meetings with officials or. staff under this agreement.. Additional meetings may be arranged, with Consultants reimbursed at standard hourly rates. 11. Reports. The following major reports shall be prepared at the indicated times: Site Surveys and Analyses, at the conclusion of Phase Ii Economic- Market Analysis, at the conclusion of Phase II; and Final Plan and Program at the conclusion of Phase IV. These reports shall be submitted in 100 copies and in black-and-white, unless other arrangements are made under which the Agency shall publish the document or documents. Additionally, various memoranda shall be submitted periodically to the Agency for whatever distribution the Agency wishes to make. All reports and memoranda shall become the property of the Agency and may be reproduced by the Agency in their entirety for dis- tribution at any time within five years from the date of issuance. Thereafter, Agency agrees to use its best efforts to prevent repro- duction and distribution of the reports without Consultant's prior' written permission. Prior written permission shall be obtained by the Agency for any partial reproduction of reports identifying Consultant as the author, for distribution outside the Agency1s'organizations. 12. Termination of Agreement. . Either party shall have the right to terminate this agreement by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination, or such lesser period as may be necessary to conclude the work under way and to summarize findings. In that event, all finis~ed or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall, at the option of the Agency, become its property, and the Consultant shall be entitled to receive just and' equitable compensation for work completed on such documents and other materials. - 3 - <>e: inf)l.-/ IN WITNESS WHEREOF the Agency and the Consultant have executed this agreement as of the date first above written. AGENCY "~ MaY~ ATTEST 1/'~U ;;h~L:c.<r -- City Clerk Approved as to form by n~ ~. /Vk7. /V~~7" George D~ Lindberg, City Attorney SAN ":~n'"i~"'" CONSULTANT ]Y/COOKE o bL S~- f'e>.t.hcr C - 4 - ~ 4::" In'?,!