HomeMy WebLinkAbout2012/02/28 Item 08T'Y COUNCIL
STATEMENT
~~~ CtTY OF
CHULAVISTA
February 28, 2012, Item No.: g
ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $8,200 FROM THE
AVAILABLE (UNASSIGNED) FUND BALANCE OF THE
DEVELOPMENT SERVICES FUND BALANCE TO SUPPORT
AND CONDUCT A TWO PHASE HISTORICAL RESOURCES
SURVEY. (4/STHS VOTE REQUIRED)
B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ASM
AFFILIATES, INC. FOR CONSULTANT SERVICES
RELATED TO A TWO PHASE HISTORICAL RESOURCES
SURVEY
Services Director
SUBMITTED BY: Assistant City
REVIEWED BY: City Manager
SUMMARY
4/STHS VOTE: RESOLUTION A
4/STHS VOTE: RESOLUTION B
YES X NO
YES NO X
On July 19, 2011 the City Council authorized staff to proceed with a Historical Resources Survey
Work Program that consisted of hiring a qualified consultant to conduct atwo-phased historical
resources survey. After review of all consultant proposals and interviews with the top three
consultant firms, ASM Affiliates, Inc. was selected as the project consultant for their innovative use
of GPS and GIS technology and for their expertise with similar projects. This item requests City
Council approval of the Two-Party Agreement with ASM Affiliates, Inc. (Attachment 1 }.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed contract approval for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
(approval of a contract to conduct a survey) is not a "Project" as defined under Section 15378 of
the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract
approval is required.
8-1
Item No.:
Meeting Date: 2-28-12
Page 2
RECOMMENDATION
That the City Council adopt the Resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Back rg ound
On July 19, 2011 the City Council (Council) adopted a Historic Preservation Program (HPP) and
Ordinance (Chula Vista Municipal Code Title 21 or Title 21), which established a process for the
identification of historical resources and evaluation criteria for determining historical eligibility. At
that time, the Council also authorized staff to proceed with a Historical Resources Survey that
would identify and evaluate resources in those sections of the City that have the most potential to
have resources that are 45 years or older and that may meet the City's criteria for historical
eligibility. A Historical Resources Survey is an important step in implementing the HPP, as it will
identify both resources that meet the City's criteria for historical eligibility and those properties that
do not. It is important to identify those properties that are not eligible historical resources so that
future building permit applications for those properties will not trigger any level of historical
review under Title 21.
On October 6, 2011 the City issued a Request for Proposals from qualified consultants to conduct a
two phased Historical Resources Survey. Six consultant proposals were received on or before the
proposal due date.
Consultant Services Selection Process
A selection committee (Committee), comprised of two staff members from Advance Planning and
the Library Director, was formed to review all consultant proposals received. After review and
evaluation of all submitted proposals, the three highest rated proposals were selected to participate
in an interview with the Committee.
All three consultant firms interviewed were found to be competent and capable however ASM
Affiliates, Inc. was unanimously selected as the preferred consultant (Consultant) for their
innovative use of GPS and GIS technology and for their vast experience with similar projects. The
Consultant will employ sophisticated field instruments that are compatible with the City's GIS
system so that, upon completion of the project, City staff will have access to an electronic survey
database that includes all photographs, property data, and the ability to zoom in to character
defining features of a property.
Scope of Work
The Consultant will conduct atwo-phase Historical Resources Survey consisting of the following
general duties:
Phase 1
This phase shall comprise areconnaissance-level, windshield survey that will focus on both the
southwest and northwest of Chula Vista in order to identify those resources that are not
potentially eligible and therefore would require no further review under Title 21.
8-2
Item No.:
Meeting Date: 2-28-12
Page 3
Phase 2
This phase shall consist of a detailed, intensive-level survey and documentation and evaluation
of up to approximately 330 individual resources based on the outcome of the windshield survey.
This phase will also include a record update of previously surveyed buildings through the
assignment of the California State Office of Historic Preservation (SHPO} accepted eligibility
codes.
In performing and delivering the general duties listed above, the Consultant shall perform the
survey tasks listed and described in the attached Two Party Agreement, Exhibit A Paragraph 8
(A.), Detailed Scope of Work. The Consultant shall also deliver to the City the "Deliverables"
described in Exhibit A, Paragraph 8 (C.), Dates or Time Limits for Delivery of Deliverables of
the attached Two Party Agreement. The Consultant shall complete all services within four
months from the date of Notice to Proceed.
Compensation
The total cost of the contract for consulting services is a single fixed fee amount of $73,000
payable on a percentage basis upon receipt of established deliverables.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations Section
18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The fiscal year 2011-12 Development Services Fund budget includes $64,800 for the historical
resources survey. Of this amount, $25,000 was donated by the Historic Homeowners in 2007
and $5,930 was raised from the Colonel Dickenson Home Tour Ice Cream Social historic survey
fundraiser.
Approval of the appropriation resolution will result in the appropriation of $8,200 from the
available (unassigned) fund balance of the Development Services Fund to the Supplies and
Services expense category of the same fund. These funds will be used in conjunction with the
funds already included in the budget to contract ASM Affiliates to conduct a Historical
Resources Survey for a cost of $73,000.
ONGOING FISCAL IMPACT
Approval of the two-party agreement will not result in on-going fiscal impacts since the
agreement is for aone-time work effort that will be completed within four (4) months.
ATTACHMENTS
1. Two Party Agreement
2. Project Area Map
Prepared by: Lynnette Tessitore-Lopez; Associate Planner, Development Services Department
8-3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY-THE CITY
ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: ~~ ~~' (Z--
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
ASM AFFILIATES, INC.
FOR CONSULTANT SERVICES FOR A
TWO-PHASE HISTORICAL RESOURCES SURVEY
8-4
Agreement between
City of Chula Vista
and
ASM Affiliates, Inc.,
For consultant services for atwo-phase historical resou rces survey
This agreement (Agreement) is between the City of Chula Vista described on Exhibit A,
Paragraph 2, (City), and ASM Affiliates, Inc. the entity whose name, business form, place of
business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6,
(Consultant), and is m ade with reference to the following facts:
RECITALS
WHEREAS, on July 19, 2011 the City Council (Council) adopted a Historic Preservation
Program (Program) and a Historic Preservation Ordinance, codified as Chula Vista Municipal
Code Title 21 (Title 21), which established a process for the identification of historical resources
and evaluation c riteria for determining historical e ligibility; and
WHEREAS, on July 19, 2011 the Council also authorized staff to proceed with a
Historical Resources Survey Work Program (Work Program) that would identify and evaluate
resources in those sections of the City that have the most potential to have resources that are 45
years or older and appear to meet the City's criteria for designation; and
WHEREAS, Title 21 went into effect on S eptember 2, 2011; and
WHEREAS, on October 6, 2011 Staff advertised in the Star News, on Planet Bid and via
email distribution to the membership of the local Association of Environmental Professionals
(AEP) requesting proposals for aTwo-Phased Historical Resources Survey that met the Work
Program authorized by Council on July 19, 2011; and
WHEREAS, the consultant proposals (proposals) were to be submitted to the City on or
before 4 p.m. October 27, 2011; and
WHEREAS, six (6) proposals were received on or before 4 p.m. October 27, 201 l; and
WHEREAS, a selection committee (Committee) comprised of three (3) City Staff
members was formed to review all of the proposals, and
WHEREAS, after review of all of the proposals the firms with the top three Proposals
were selected to participate in an interview with th e Committee; and
WHEREAS, through the interview process, ASM Affiliates, Inc. was selected as the
project consultant for their innovative use of GPS and GIS technology and for their experience
with similar projects; and
Page 1
Two Party Agreement Between City of Chula Vsta and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-5
WHEREAS, the Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreem ent.
[End of Recitals. Next Page S tarts Obligatory Provisions.]
Page 2
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Iuc.
for consultant services fora "Two Phase Historical Resources Survey"
8-6
OBLIGATORY PROVISIONS PAGES
NOW, .THEREFORE, for valuable consid eration the City and Consultant do hereb y mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT' S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additi onal Services shall be p aid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in sim filar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful m isconduct of the C onsultant or its subcontractors.
Page 3
Two Parry Agreement Between City of Chula Vista and ASMAfftliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
$-7
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontr actor is e xpected to fulfill an y responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the C onsultant' s responsibilities as set forth in this Ag reement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees,
volunteers or subcontractors, and provide documentation of same prior to commencement
of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table belo w:
Page 4
Two Parry Agreement Between City of Chula Vcsta and ASM Affiliates, ]nc.
for consultant services far a "Two Phase Historical Resources Survey"
8-8
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-polic y limit
Liability: $1,000,000 disease- each em loyee
iv. Professional $1,000,000 each o ccurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to .the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations covera ge.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Page 5
Two Party Agreement Between City of Chula Vsta and ASMAffiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-9
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the C ivil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
Page 6
Two Party Agreement Between City ojChula Vrsta and ASMAjfiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-10
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirem ents included in these specifi cations.
10. Not a Limitation of Other Obli ations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
Page 7
Two Party Agreement Between City of Chula Vista and ASM Affliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-11
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with T itle 5 of the C hula Vista M unicipal C ode.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable dela y in the Consultant's performance.
B. Compensation.
Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising .out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
Page 8
Two Party Agreement Between City of Chula l~lsta and ASM Affiliates, Inc.
for consultant services jor a "Two Phase Historical Resources Survey"
$-12
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the b asis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decis ion. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with C onsultant's duties under this Agreement.
Page 9
Two Party Agreement Between City of Chula Vista and ASMAffiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-13
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written perm ission of C ity.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written perm ission of C ity.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section appl y if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
Estimating Damages. It is acknowledged by both parties that tim e is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
Page 10
8-14
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control. of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notif y the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the C onsultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
Page 11
8-15
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include an y claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this 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 the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and o ther materials up to the e ffective date of Notic e of Termination,.
B. Termination of Agreement for Convenience of City.. City may terminate this Agreement
at any time and for any reason, by giving specific 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
Page 12
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
$-~6
other materials described hereinabove 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,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, 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 this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applic able.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification fro m City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of C ity.
Page 13
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Inc.
far consultant services fora "Two Phase Historical Resources Survey"
8-~7
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. 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 City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. 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 this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the C ity harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that its agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
Page 14
Two Party Agreement Between City of Chula Yista and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-~ 8
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the term s of this Agreement.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine adm inistration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither C onsultant, nor its principals are lic ensed real estate b rokers or s alespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Ag reement.
Page 15
Two Party Agreement Between City of Chula Vista and ASM Affiliates, Inc.
jor consultant services jor a "Two Phase Historical Resources Survey"
8-19
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page 16
Two Party Agreement Between City of Chula [vista and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-20
Signature Page
to
Agreement between
City of Chula Vista and
ASM Affiliates, Inc.
For consultant services for atwo-phase historical resou rces survey
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
James D. S andoval, C ity Manager
By:
Attest:
Donna Norris, C ity Clerk
Approved as to fo rm:
Glen R. Googins, City Attorney
Dated:
Exhibit List to Agreement (X) Exhibit A.
ASM Affiliates, Inc.
John R. Cook
President
J:\Attorney\MichaelSh\Historic Preservation\AgteementslASM-HistoricalResSurvey-2.21.12-RevFINAL.doc
Page 17
Two Party Agreement Between City of Chula Vista and ASMAJfiliates, lnc.
for consultant services fora "Two Phase Historical Resources Survey"
$-21
By:
Exhibit A
to
Agreement between
City of Chula Vista
and
ASM Affiliates, Inc.
1. Effective Date of Agreement: February 28, 2012
2. City-Related Entity:
(X )City of Chula Vista, a municipal chartered corporation of the State of California
()Redevelopment Agency of the City of Chula Vista, a political subdivision of the S tate of
California
()Industrial Development Authority of the City of Chula Vista, a
()Other:
(City)
3. Place of Business for C ity:
City of Chula Vista
276 Fourth Avenu e
Chula Vista, C A 91910
4. Consultant:
ASM Affiliates, Inc.
5. Business Form of Consultant:
( )Sole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
2034 Corte Del No gal
Carlsbad, CA 92011
a [insert business form ]
Page 18
Two Party Agreement Between City of Chula Vsta and ASM Affiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
$-22
7. General Duties:
To conduct atwo-phase historical resources survey as follows:
Phase 1
This phase shall comprise areconnaissance-level, windshield survey of both the southwest
and northwest areas of western Chula Vista (as shown on attached map).
Phase 2
This phase shall consist of a detailed, intensive-level survey and documentation and
evaluation of approximately 330 individual resources, to include a record update of
previously surveyed buildings through the assignment of California State Office of Historic
Preservation (S HPO) accepted eligibility codes.
8. Scope of Work and Schedule:
A. Detailed S cope of W ork:
The following survey tasks shall be performed by the Consultant to the reasonable
satisfaction of the Director of Development Services:
PHASE 1-
Task 1-Pre-Phase Commencement Meeting(s)
Prior to commencement of the project, the Consultant shall meet with City staff to
establish project milestones and completion dates, refine project methodology, as needed,
and present City staff a proposal of how the Consultant will coordinate and train
volunteers and a proposal of Phase 1 public outreach efforts that would be conducted by
the Consultant.
Task 2- Preliminary Research Data Gathering
Prior to field work, the Consultant shall gather and review all necessary data pertaining to
the study area and the history of Chula Vista, which shall include review of maps,
existing historic contexts and previous surveys, the Chula Vista Historic Preservation
Program, and Chula Vista Municipal Code Title 21.
In addition, during the pre-field phase of this project, the Consultant shall prepare
detailed project maps to be used to organize and guide the survey.
Task 3-Public Outreach
a. The Consultant shall solicit the community for volunteers to participate in Phase 1
of the survey project. The Consultant shall provide any necessary training for
survey volunteers to a level that volunteers can assist with in field data gathering.
The Consultant shall accompany volunteers during any survey work.
b. The Consultant shall facilitate community outreach through such means as public
notices, website advertisement, and at least one (1) public meeting to obtain input
and information from the community on historic neighborhoods, commercial
corridors, and resources that may be historicall y significant for use in the survey.
Page 19
Two Parry Agreement Between City of Chula Vista and ASMAffiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-23
Task 4- Historic C ontext
Prior to beginning field work, in consultation with City staff, the Consultant shall prepare
a historic context which will provide the foundation for both Phase 1 and Phase 2. The
Consultant shall develop the historic context based upon those historical themes that best
explain Chula Vista's development and represent resources that are unique to Chula
Vista. As necessary, the Consultant shall further refine the historic context based upon
the potential historical resources encountered through the reconnaissance phase of the
survey.
Task 5-Windshield S urvev
The Consultant shall gather information on general development patterns, characteristic
architectural styles and property types, and potential boundaries of historic districts.
a. The survey area shall be recorded by general context and representative
photographs. Field notes shall be taken to record a general sense of the
distribution of properties and more detailed notes shall be taken on those
resources, structures and objects within the project area that may qualify for local
designation and therefore may be recommended for detailed evaluation in Phase
2.
b. The windshield survey shall be conducted in conformance with National Register
Bulletin 24, Guidelines for Local Surveys: A Basis for Preservation Planning, the
California Office of Historic Preservation's Instructions for Recording Historical
Resources and the Secretary of the Interior's Standards for Archaeology and
Historic Preservation.
Task 6- Windshield S urvev Findings
The Consultant shall provide the findings of the windshield survey in a Phase 1 Report
including management summary, methodology, historic context statement, survey results,
representative photographs, and recommendations for Phase 2. The Report shall identify
those resources that have the potential to qualify for local designation and therefore
require evaluation in P hale 2.
Task 7- Historic Preservation Commission (HPC) Presentation
The Consultant shall prepare apower-point and present Phase 1 survey findings at a
publicly noticed HPC meeting. The Consultant shall be available at this meeting to
answer questions and explain Phase 1 survey findings and recommendations, as
necessary.
Task 8- Windshield Survey Database
The Consultant shall create and provide to the City in a form that is compatible with the
City's software and GIS systems, an electronic database that includes, GIS maps of the
surveyed areas and a list of all resources surveyed during Phase 1. The survey list shall
include the APN, address, approximate year built, and property type of each resource,
and whether or not it was previously documented and whether or not it is recommended
for detailed evaluation as part of Phase 2. In addition, the Consultant shall organize its
recommendations, in order of priority of historical importance, those resources that
should be evaluated in P hase 2.
Page 20
Two Party Agreement Between City of Chula Vista and ASMAffiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-24
Task 9-Meetings with City Staff
The Consultant will m eet with staff as necessary to complete Phase 1 of the survey.
PHASE 2:
Task 1-Pre-Phase Commencement Meeting(s)
The Consultant shall meet with City staff to establish project milestones, completion
dates and to finalize City approval of the list of specific resources to be evaluated in
Phase 2 based upon the results of Phase 1' which shall approximate 330 individual
resources.
Task 2-Preliminary Research Data Gathering
Prior to commencement of Phase 2, the Consultant shall prepare detailed project maps,
approved by City staff, to organize and guide the intensive survey field work. The
Consultant shall use the City approved Historic Context, historic maps, and photographs
to conduct a comparative analysis of resources that fall within the historic contex t.
Task 3- Field Research
The Consultant shall conduct field research for each of the resources recommended for
evaluation in P hase 1.
a. Field research shall include but may not be limited to, documentation of the resource
using a handheld Trimble Unit which will record character traits and features of each
building such as: the shape, number of stories, architectural style, roof shape, and
wall finish. In addition, the Consultant shall photograph each property using the
Ricoh SOOSE-3 digital camera and historic recording technologies that integrate GPS
and GIS with photographic documentation and are compatible with the City's
software and GIS systems. Photographs shall be recorded on an electronic log and
imbedded with GPS geospatial information as well as magnetic bearings indicating
direction of e ach view.
b. The intensive level survey shall be conducted in conformance with National Register
Bulletin 24, Guidelines for Local Surveys: A Basis for Preservation Planning, the
California Office of Historic Preservation's Instructions for Recording Historical
Resources and the Secretary of the Interior's Standards for Archaeology and Historic
Preservation.
Task 4- Evaluation and Documentation
The Consultant shall evaluate and document a total of 330 historical resources. The 330
historical resources shall be comprised of approximately 150, never previously surveyed
historical resources and reevaluation of 180 of the historical resources surveyed in 1985.
All 330 historical resources shall be evaluated according to the eligibility criteria listed in
Chula Vista Municipal Code 21.04.100. If the historical resource appears to be eligible
for state or national designation, the Consultant shall evaluate the resource according to
the California Register of Historic Resources and 36 CFR 60.4 and National Register
Bulletin #15; How to Apply the National Register Criteria for Eligibility, including
Section V III thereof, How to Evaluate the Integrity of a Property.
Page 21
Two Party Agreement Between City of Chula Vista and ASM Ajftliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-25
a. The Consultant shall evaluate and record approximately 150. historical resources on
DPR 523-A Primary Record Form and DPR 523-BSO Form (Building Structure
Object Form). These DPR forms, shall conform to National Register Bulletin 24, and
shall include multiple photographs and detailed -notes on specific architectural
features and materials, outbuildings, setting and integrity of each of the 150 historical
resources.
b. The Consultant shall document and evaluate approximately 180 previously surveyed
historical resources. The Consultant shall document these historical resources with
photographs and shall evaluate them by assigning a California Office of Historic
Preservation status code.
Task 5- Intensive Level Survey Findings
The Consultant shall provide the findings of the intensive level survey in a Phase 2
Report which shall include a management summary, methodology, eligible resources by
architectural style, property type, and themes as identified, in the historic context. The
Report will also include all DPR Forms (approximately 150), a listing of previously
surveyed properties with corresponding status codes (approximately 180), boundaries of
potential historic districts and specific resources that are recommended as eligible for
local, state, and/or n ational designation
Task 6- Historic Preservation Commission (HPC) and City Council Presentations
The Consultant shall prepare apower-point and present Phase 2 survey findings at one
(1) publicly noticed HPC and one (1) publicly noticed City Council meeting, as
determined by the Director of Development Services. The Consultant shall be available
at these meetings to answer questions and explain Phase 2 survey findings and eligibility
determinations, as necessary.
Task 7- Intensive Level Survey Database
The Consultant shall create and provide to the City in a form that is compatible with the
City's software and GIS systems, an electronic database of all resources surveyed during
Phase 2, GIS maps of the properties surveyed, and a photo log and digital photographs of
each historical resource. The Intensive Level Survey electronic database shall include the
APN, address, approximate year built, and property type of each resource, style, noted
characteristics ofeach building, and whether or not the resource is eligible for local, state,
or national designation and if so, under which criteria.
Task 8- Meetings with Staff
The Consultant will m eet with staff as necessary to complete Phase 2 of the survey.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
()Other:
C. Dates or Time Limits for Delivery of Deliverables:
Page 22
Two Party Agreement Between City of Chula Vista and ASMAffliates, Inc.
for consultant services far a "Two Phase Historical Resources Survey"
$-26
Phase 1 Deliverables and Due Dates
The following Deliverables shall be performed by the Consultant to the reasonable
satisfaction of the Director of Development Services:
Deliverable No. 1: The following shall be presented to City staff for approval at a pre-
phase 1 commencement meeting, a list of proposed milestones,
completion dates, methodology, and a written proposal of how the
Consultant will coordinate and train volunteers and a proposal of
Phase 1 public outreach efforts that would be conducted by the
Consultant (3 copies).
Due Date: 7 d ays from the effective date of the A greement.
Deliverable No. 2: Facilitation of one (1) public outreach meeting to solicit input from
the community and survey volunteers.
Due Date: 21 days from the effective d ate of the Agreement
Deliverable No. 3: Delivery of the draft Historic C ontext for Staff Review (3 copies).
Due Date: 10 days after the public outreach meeting
Deliverable No. 4: Delivery of the preliminary Historic Context that will be used for
Phase 1 (3 copies).
Due Date: 1 w eek after receipt of comments from the City.
Deliverable No. 5: Delivery of draft Phase 1 Report and Phase. 2 recommendations (3
copies).
Due Date: 21 days after conclusion of windshield surve y field
work.
Deliverable No. 6: Delivery of Phase 1 Report and Phase 2 recommendations and a
powerpoint that illustrates the findings of the report and
recommendations fo r presentation to the HPC (12 copies).
Due Date: 14 days after receipt of comments from the City.
Deliverable No. 7: Delivery of HPC approved Final Phase 1 Report and Phase 2
recommendations (3 copies).
Due Date: 7 d ays after HPC approval.
Deliverable No. 8: Delivery of Windshield Survey Database in an electronic form that
is compatible with the C ity's software and GIS systems.
Due Date: Upon delivery of Phase 1 Report and Phase 2
recommendations.
Page 23
Two Party Agreement Between City of Chula Vista and ASMAffliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-27
Phase 2 Deliverable and Due Dates
Deliverable No. 1: A list of proposed m ilestones, completion dates, methodology, and
submission of the P hose 1 Final Report includin g the final iteration
of the Historic Context shall be presented to City staff at a pre-
Phase 2 commencement meeting (3 copies).
Due Date: 7 d ays after HPC approval of Final P hose 1 report an d
Phase 2 recommendations.
Deliverable No. 2: Delivery of draft Phase 2 Report to include a list of all resour ces
determined to be eligible resources (3 copies).
Due Date: 30 days after conclusion of Intensive Level Survey
field work.
Deliverable No. 3: Delivery of Phase 2 Report that includes a list of all eligible
resources and a powerpoint that illustrates the findings of the
report and recommendations for presentation to the HPC and City
Council (25 copies).
Due Date: 14 d ays after receipt of comments from the City.
Deliverable No. 4: Delivery of HPC and City Council approved Final Phase 2 Report
(3 copies).
Due Date: 7 d ays after City Council approval.
Deliverable No. 5: Delivery of Intensive Level Survey Database and GIS data,
including shapefiles that is compatible with City software and GIS
systems of all resources surveyed during Phase 2. The data shall be
delivered in a form that allows City staff the ability to readily
review a historical resource- via GIS and via web-based Google
Earth that provides overhead zoom outs, street level pans, and
zoom-ins of character defining features o f the historical resource.
Due Date: Within 4 months from the date of Notice to Proceed.
D. Date for completion of al l Consultant services:
The Consultant shall complete all service within four (4) months from the date of Notice
to Proceed.
9. Materials Required to be Supplied by City to Consultant:
The City will, in a timely manner, provide the Consultant with available GIS shapefiles of
the project area and previously surveyed resources, Chula Vista Periods of Significance and
any other historic data that may assist in the development of the historic context. The City
shall also provide the Consultant with copies of the 1985 Historical Resources Survey and
the Urban Core Historical Resources Survey. The City will respond to requests for additional
information, to the extent possible, within 10 days from the date of the information request.
Page 24
Two Party Agreement Between City of Chula Vista and ASMAffiliates, Inc.
for consultant services jor a "Two Phase Historical Resources Survey"
8-28
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: $73,000.00, payable as follows:
Milestone or Event or De liverable Amount or Percent of Fixed Fee
Upon Completion of Phase 1 Deliverable No.l 10%
Upon C ompletion of P hose 1 Deliver able No. S 15%
Upon Completion of Phase 1 Deliverable No.8 25%
Upon Completion of Phase 2 Deliverable No.2 15%
Upon Completion of Phase 2 Deliverable No.S 25%
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the C ity if the Phase 1 s not satisfactoril y
completed. If the Phase 1 s satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to ea ch interim payment such that, at the end of
the phase, the full r etention has been h eld back from the compensation due for that
phase. Percentage of completion of a phase shall b e assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but onl y upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have rep resented in writing that
said percentage of completion of the phase h as been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agr Bement to
a time and materials basi s of payment.
B. ()Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
Page 25
Two Party Agreement Between City ojChula Vista and ASMAffiliates, Inc.
for consultant services far a "Two Phase Historical Resources Survey"
8-29
commence Services under any Phase, and shall not be entitled to the com pensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
Fee for Said Phase
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation .for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase 1 s satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basi s of payment.
C. OHourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ()Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $ ,including all
Materials, and other "reimbursables" (Maximum Compensation).
(2) ()Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit), Consultant shall not be entitled to
Page 26
Two Party Agreement Between City ojChula Vista and ASMAffiliates, Inc.
for consultant services fora "Twa Phase Historical Resources Survey"
8-30
any additional compensation without further authorization issued in writing and approved
by the City. Nothing .herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred b y Consultant in the performance of services
herein required, C ity shall pay Consultant at the r ates or amounts set forth b elow:
( )None, the compensation includes all costs.
O Reports, not to exceed $ '
() Copies, not to exceed $ '
O Travel, not to exceed $_ '
() Printing, not to exceed $
() Postage, not to exceed $_ '
O Delivery, not to exceed $ '
O Outside Services:
() Other Actual Identifiable Direct Costs:
not to ex Geed $
not to ex ceed $
12. Contract Administrators:
City: Lynnette Tessitore-Lopez
Associate Planner
City of Chula Vista Development Services
276 Fourth Avenu e
Building 300
Chula Vista, C A 91910
Consultant: John R. Cook
2034 Corte Del No gal
Carlsbad, CA 92011
13. Liquidated D amages Rate:
() $ per day.
()Other:
Cost or Rate
Page 27
Two Party Agreement Between City of Chula Vsta and ASM Affiliates, Inc.
for consultant services far a "Two Phase Historical Resources Survey"
8-31
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
()FPPC Filer
()Category No. 1. Investments, sources of income and business interests.
()Category No. 2. Interests in real property.
()Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
()Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
()List Consultant Associates interests in real p roperty within 2 radial m files of Project
Property, if any:
15. ()Consultant is Real Estate Brokerand/or Salesman
16. Permitted Subconsultants:
17. Bill Processing
Page 28
Two Party Agreement Between City of Chula Vista and ASMAJfiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-32
A. Consultant's Billing to be submitted for the following period of time:
OMonthly
( )Quarterly
(X) Other: Upon Deliverables as listed in 10.(A)
B. Day of the Period for submission of Consultant's Billing:
()First of the Month
() 15th Day of each Month
()End of the Month
(X )Other: Upon Deliverables as listed in 10. (A)
C. City's Account Number:
18. Security for Performance
OPerformance Bond, $ _
()Letter of Credit, $
OOther Security:
Type:
Amount: $
(X )Retention. If this space is checked, then notwithstanding other provisions to the contrar y
requiring the payment of compensation to the C onsultant sooner, the C ity shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention P ercentage: 10%
()Retention Amount: $_
Retention Release Event:
(X) Completion of All C onsultant S ervices
( )Other:
Page 29
Two Party Agreement Between City of Chula Vista and ASMAffiliates, Inc.
for consultant services fora "Two Phase Historical Resources Survey"
8-33
RESOLUTION NO.2012-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $8,200 FROM THE
AVAILABLE (UNASSIGNED) FUND BALANCE OF THE
DEVELOPMENT SERVICES FUND TO SUPPORT AND
CONDUCT A TWO PHASE HISTORICAL RESOURCES
SURVEY
WHEREAS, on July 19, 2011 the City Council (Council) authorized staff to proceed with
a historical resources survey that would identify and evaluate resources in those sections of
the City that have the most potential to have historical resources; and
WHEREAS, on October 6, 2011 Staff advertised in the Star News, on Planet Bid and via
email distribution to the membership of the local Association of Environmental Professionals
(AEP) requesting proposals for aTwo-Phased Historical Resources Survey (Historical Resources
Survey) that met the Work Program authorized by Council on July 19, 2011; and
WHEREAS, the consultant proposals (proposals) were to be submitted to the City on or
before 4 p.m. October 27, 2011; and
WHEREAS, six (6) proposals were received on or before 4 p.m. October 27, 2011; and
WHEREAS, a selection committee (Committee) comprised of three (3) City Staff
members was formed to review all of the proposals; and
WHEREAS, after review of all of the proposals the firms with the top three proposals
were selected to participate in an interview with the Committee; and
WHEREAS, through the interview process, ASM Affiliates, Inc. was selected as the
preferred consultant (Consultant) for their innovative use of GPS and GIS technology and for
their experience with similar projects; and
WHEREAS, the Consultant contract is for a single fixed fee amount of $73,000 to
conduct a Historical Resources Survey payable on a percentage basis upon receipt of established
deliverables; and
WHEREAS, funding for the conduct of the Historical Resources Survey has been
partially budgeted through several sources including approximately $34,000 in the approved
Development Services Department FY2011-12 budget, $25,000 that was donated by the Historic
Homeowners in 2007, and $5,930 that was raised from the Colonel Dickinson Home Tour Ice
Cream Social historic survey fundraiser; and
WHEREAS, an additional $8,200 is needed to fulfill the contract amount of $73,000; and
8-35
Resolution No.
Page 2
WHEREAS, the additional $8,200 is available as part of the unencumbered Development
Service Fund balance and, accordingly, appropriation of those monies is being requested; and
WHEREAS, the Development Services Director has reviewed the proposed contract
approval for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity (approval of a contract to conduct a survey) is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review of the contract approval is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista hereby approves the appropriation of $8,200 from the available (unassigned) fund
balance of the Development Services Fund to the Services and Supplies expense category of the
same fund to contract for historical resources survey services.
Presented by
Gary Halbert, P.E., AICP
Assistant City Manager/Development
Services Director
8-36
Approved as to form by
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ASM
AFFILIATES, INC. FOR CONSULTANT SERVICES RELATED
TO A TWO PHASE HISTORICAL RESOURCES SURVEY
WHEREAS, on July 19, 2011 the City Council (Council) adopted a Historic Preservation
Program (Program) and a Historic Preservation Ordinance (Chula Vista Municipal Code Title 21
or Title 21), which established a process for the identification of historical resources and
evaluation criteria for determining historical eligibility; and
WHEREAS, on July 19, 2011 the Council also authorized staff to proceed with a
Historical Resources Survey (Survey) that would identify and evaluate resources in those
sections of the City that have the most potential to have resources that are 45 years or older and
appear to meet the City's criteria for designation; and
WHEREAS, Title 21 went into effect on September 2, 2011; and
WHEREAS, on October 6, 2011 Staff advertised in the Star News, on Planet Bid and via
email distribution to the membership of the local Association of Environmental Professionals
(AEP) requesting proposals for atwo-phased Survey that met the Survey work program
authorized by Council on July 19, 2011; and
WHEREAS, the consultant proposals (proposals) were to be submitted to the City on or
before 4 p.m. October 27, 2011; and
WHEREAS, six (6) proposals were received on or before 4 p.m. October 27, 2011; and
WHEREAS, a selection committee (Committee) comprised of three (3) City Staff
members was formed to review all of the proposals; and
WHEREAS, after review of all of the proposals the firms with the top three proposals
were selected to participate in an interview with the Committee; and
WHEREAS, through the interview process, ASM Affiliates, Inc. was selected as the
preferred consultant (Consultant) for their innovative use of GPS and GIS technology and for
their experience with similar projects; and
WHEREAS, the Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of the agreement; and
8-37
Resolution No.
Page 2
WHEREAS, the Development Services Director has reviewed the proposed contract
approval for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity (approval of a contract to conduct a survey) is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review of the contract approval is required.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Chula Vista hereby approves the Two-Party Agreement between the City of Chula Vista
and ASM Affiliates, Inc. for services related to conducting a Historical Resources Survey.
BE IT FURTHER RESOLVED that the City Council does hereby authorize and
direct the City Manager to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Gary Halbert, P.E., AICP
Assistant City Manager/Development
Services Director
8-38
Approved as to form by
Additiona I Information
Item #8
February 28, 2012
\111/
___
arc oe
CHUTA VISiA
Disclosure Statement*""
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires
discretionary action by the City Council, Planting Commission or other official legislative body
of the City, a statement of disclosure of certain ownerships, financial interests, payments, and
campaign conh'ibutions must be filed. The following information trust be disclosed:
I. List the names of all persons having a financial interest in the project that is
the subject of the application, project or contract (e.g., owner, applicant,
contractor, subcontractor, material supplier').
7olut R. Cook,. President
2. If any persons identified in section 1. above is a corporation or partnership,
list the names of all individuals with an investment of $2000 or more in the
business (corporation partnership) emit}+.
John R. Cook
3. If any person* identified in section 1. above is anon-profit organization or
trust, list the names of any person wdro is the director of the non-profit
organization or the names of the trustee, beneficiary and trustor of the trust.
t>/a
4. Please identify every person, including any agents, employees, consultants, or
independent contractors, whom you have authorized to represent you before
the Cily in this matter.
Sinead Ni Ghabhlain ASM Jennifer Krintz, ASM
Shannon Travis, ASM
S~r~h Sh'ingw~-Rnti+sliPr, A4T\d
276 Fourth Avenue Chula Vista ( California 91910 ( (619) 535-5722
_\wa~Mw
cm of
CHUTA VISrA
Disclosure StatementK**
Disclosure Statement -Page 2
5. Has any person" identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, had any financial dealings with an
official~~ of the City of Chula Vista as it relates to this conhact, project or
application within the past 12 mouths? Yes_No Q
1f Yes, briefly describe the nature of the financial interest the official"' may
have in this contract
6. Has any person"` anyone identified iu 1., 2., 3., or 4., above, or otherwise
associated with this contract, project or application, made a campaign
contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? NoQ Yes_ If yes, which Council
^tember? .
Has any person" identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, provided more than $420 (or an item
of equivalent vahte) to an official"^` of the City of Chula Vista in the past
hvelve (12) months? (This includes any payment that confers a persaual
benefit on the recipient, a rebate or discount in the price of anything of value,
money to retire a legal debt, gift, loan, etc.) Yes NoQ
If Yes, which officiah`~ and what was the nature of item provided?
8. I-Ias any person'` identified iu 1., 2., 3., or 4., above, or otherwise associated wish
this contract, project or application, been. a source of income of $500 or more to
276 Fourth Avenue I Chula Vista. I California 91910 (619) SSS-5722
Additions I Information
Item #8
February 28, 2012
~151~
____
am oFOf
CHUTA VISA
Disclosure Statement xx
an official"" of the City of Chula Vista iu the past twelve (12) months?
Yes No Q
If Yes, identify the official** and the nature of the income provided?
Date: February 27, 2012
of C~utractor/Applicant
A.SM ~ri~'a~es lnc~
Print or type name of Contractor/Applicant
x Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, nnmicipality, district, or other political subdivision, or any other
group or contbinatiou acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Plamring
Commissioner, Member of a board, commission, or committee of the City, and City
employees or staff members.
*** This Disclosure Statement nnrst be completed at the time the project application, or
contract, is submitted to City staff for processing, and updated within one week prior
to consideration by the legislative body.
last Updated: September 3, 2009
276 Fourth Avenue ~ Chula Vista ~ California ~ 91910 ~ (619) 585-5722