HomeMy WebLinkAbout2013/09/10 Item 13 � -...�:�,�,--_�.-:-.=�'--
��."���;-�_- _�=•: CITY COUNCIL
� �. � � ,-��-�,; - AGENDA STATEMENT
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_ �� �`�� CITY OF
CHUTA VISfA
SEPTEMIBER 10, 2013, Item ��
ITEn4 TITLE: RESOLUTION OF THE CITl' COUT'CIL OF THE CITY OF
CHLiLA V"ISTA APPROVI\'G .A THREE PARTI'
AGREEn4ENT BETA'EEN THE CITI' OF CHtiLA VISTA.
BURKETT & ��'ONG EI�'GI�'EERS. A.\TD SSBT LCRE V.
LLC FOR COI�'SULTANT SERVICES RELATED TO
PREPARATION OF PUBLIC FACILITIES FI\'A\'CING
PLAIvS AI�TD FISC:aL, IMPACT A\TALYSES ASSOCLATED
R'ITH THE OTAY RAIvCH VILLAGES THREE
I�TORTH/PORTION OF FOliR. EIGHT EAST A.ND TE\T
SECTIOI�?AL PLAI�T\TING AREA (SPA) PLAI�'S. AI�TD
AUTHORIZIi�'G THE r4AYOR TO E�CUTE SAID
AGREEA�fENT
SUBD�TTED BP: DEVELOPA4ENT SERVICES DIRECTOR �
REVIE�i'ED B1': CITY" A1?,_�'.AGER ��r��py
�
�hTHS VOTE: YES � NO �
SU��L17ARl'
In A4a�� 2008 and Auwst 2010, the Cirv approved an initial and subsequently amended Land
Offer A�eement (LOA) �vith JPB De��elopment; LLC; la��ine out the panicular processing
considerarions for their V"illaee 3 I�TOrth, portion of Villaee 4, Villaee 8 East and Villase l0
projects. The applicant has filed Sectional Plamiui� Area (SPA) Plans and Tentati��e�Map
applicarions for these same Villases. This item requests Cin Council appro��al of a three-
pam� a�eement for prepazation of the necessary Public Facilities Financing Plans (PFFP)
and Fiscal Impact Anal��ses (FIA) for these projects. •
E\11R01A�\TAL REVIER'
The Decelopment Services D'uector has revie�ved the proposed aereement appro��al for
compliance ��ith the Califomia Environmental Qualit}� Act (CEQA) and has determined
that the activin� is not a "Projecr' as defined under Section 1�378 of the State CEQA
Guidelines; therefore; pursuant to Section 1�060 (c)(3) of the State CEQA Guidelines the
activit�� is not subject to CEQA. Thus; no em ironmental re�ie��� is required.
REC0I��IE\�ATION
That Cim Council adopt the Resolution
13-1
SEPTEMBER ]0, 2013, Item ��
Page 2 of 3
BOARDS/COA'iMISSION RECOMMENDATION
I�'/A
DISCUSSION
Backaround
In May 2008 the City Council approved an initial LOA with JPB Development, LLC to
acquire additional lands for the planned University/Regional Technology Pazk within the
Otay Ranch Community. In August 2010, the City approved a�� amended LOA. In
general, the LOA pro��ides the City land for a future Universiry in exchange for
consideration of increased densities and a two-year processing schedule for the
entitlements on the applicant�s Village 3 North/ Portion of 4, Village 8 East, and Village
]0 projects. As called for by the LOA, the Ciry and the applicant also entered into a
processing agreement in Aub st 2010 fhat details the timing and processing of the
entitlements.
The Ciry has recei��ed applications for the SPA Plans and preliminary lotting studies for
Villages 3 North/Portion of 4, 8 East, and 10, and the City is activel}� processing those
applicafions. Pursuant to the Ciry's Growth n4anagement Ordinance (CVMC 19.09), the
SPA plans and preliminary lotting studies for Villages 3/4, 8 East, and 10 require the
prepazation of PFFPs and FIAs.
Consultant Services Selection Process
On April 20; 2012 the Cin� issued a Request for Proposal (RFP) for the preparation of the
needed PFFPs and related FIAs for the Villages 3/4, 8 East, and 10 projects. A total of
four firms responded by the close of business on May 8, 2012 (due date). Each of the
proposals was rated by a panel against pre-deterinined factors. After coinpiling the data
sheets submitted by each of the panel members, Burkett and Wo,ng Engineers
, (engineering and planning consultant) had the highest average rating and ���as selected as
the preferred consultant along with Pro Forma Advisors, LLC (FIA consultant).
Scooe of Work
Through the three-party agreement; Burkett and Wong Engineers will function as the
PFFP Consultant to the Cih� under tl�e supervision of the City's Project Manager. The
responsibiliries of Burkett and Wong Engineers will include the following:
PFFPs
• Conduct preliminazy research and revie��� available project
information;
• ]dentify and describe facilities and service impacts;
• Evaluation and recommendatious to initigate potential impacts;
• Attendance at team meetings and public l�earings;
• Preparation of PFFPs for the Villages 3/4, 8 East, and 10 projects.
13-2
SEPTE?��IBER 10, 2013; Item �3
Pase 3 of 3
FIAs
• Information Collection From Cin�:
• Determine Annual Fiscal Costs:
• Calculate Annual Fiscal Revenues:
� • Calculate i�'et Fiscal Impacts;
• Attendance at team meetinos and public hearin�s;
• Prepazation of report as part of the PFFPs for Villaee 3/4; 8 East; and
10.
Contract Pavment
The total cost of the contract for consultine services is �118.080 ��ith an additional 2�%
continsenc<< (�29,�20) for additional ser��ices to cover unforeseen issues that ma}� arise
duringy preparation of the PFFPs/FIAs if detemuned necessarq by Director of
Development Sen�ices. The project applicant will pa�� all consultant costs, as ���ell as
reunburse the Ciri� for all associated staffine costs through tbe projects' deposit accounts.
DECISION D'IAhER CONFLICT
Staff has re�ie���ed the property holdines of the Citv Councilmembers and has found no
propem holdings ���ithin �00 feet of the boundaries of the propert�� «�hich is subject to
this action. Staff is not independently a���aze; nor has staff been informed bv any Cin�
Councilmember. of anv other fact that ma�� constimte a basis for a decision mal:er
conflict of interest in this matter.
CliRRENT 1'E.�,R FISCAL In7PACT
There will be no impact to the General Fund. The applicant �vill fullv compensate the
' consultant for consultino services, and �211 also reimburse the Ciri� for'all associated
staffing cosu through the projects' deposit accounts.
ONGOING FISCAL In�IPACT
Appro��al of the three-pam� aereement �;�ill not result in on-eoino fiscal impacts since the
applicant is solelv responsible for compensatino the consultant and reimbursin� the Cin�
for all associated staffine costs. Also; production of the project PFFPs/FI.As under
contract is a one-time��ork effort that «�ill be completed by the end of 2014.
ATTACHI�\�TS
1. Project Boundar�� A4ap
2. Three-Part�� Asreement
Prepared 6y: Joe Gamb(e, Landscape Planner, Developmen�Sen�ices Deparrmeni
H:IPLAI��7A'GIOT.4}'R.ANCHUPBIPFFPICCAgenda Statement JPB PFFP
13-3
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THE ATTACHED AGREEMEI�TT HAS BEEi�T REVIE�T��ED
AI�TD APPROV�D AS TO FORM BY THE CITY
ATTORI�TEY'S OFFICE AI�iD �T��II.L BE
FORMAI_LY SIGNED UPOI�T APPROVAL BY
THE CITY COUIvCIL
/ 1
��� City Attomey
Dated: � � ��
AGREEA�I�TT
BET�'JEEI`T
THE CITY OF CI-IULA VISTA,
BURKETT & WOI�TG ENGINEERS.
AI�TD �
SSBT LCRE V, LLC
13-5
Three-Parh-Agreement Between
City of Chula Vista,
Burkett & R'ong Enaineers, Consultant, and
SSBT LCRE V,LLC, Applicant
For Consulting V1'ork to be Rendered
H•ith regard to Applicant's Project
1. Parties.
I�his a�eement (Agreement), effective September 10, 2013, is between the City of Chula
Vista(City)herein; a municipal corporation of the State of California;the person desi2nated on the
attached Exhibit A as"ConsultanP',Burkett&Wong Engineers whose business form and address aze
indicated on the attached Exhibit A, and SSBT LCRE V, LLC the persons collectively desi�ated on
the attached Exhibit A as "Applicant," whose business form and address are indicated on the
attached Eachibit A; and is made with reference to the following facts:
2. ���arranties and Representations.
2.1. Applicant warrants that Applicant is the o�mer of land(Property)commonlyknown as;
or generally located as,described on Exhibit A,Paragraph 1,or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on E�ibit A;
Paragraph 2;and in that regard;has made application(Application)with the City for approval of the
plan, map, zone; or other permits (Entitlements) described on Exhibit A, Paragraph 3.
23. In order for the City to process the Application ofApplicant,Work ofthe general nature
and type described in E�ibit A, Para�aph 4, (Work) will need to be completed.
2.4. City does not presently have the"in-house"staff or resources to process the application
within the time frame requested for review by the Applicant.
2.�. This Agreement proposes an arrangement by which Applicant shall retain,and be liable
for the costs of retaining, Consultant who shal] perform the services required of Consultant by this
Aereement solely to, and under the direction of, the City.
2.6 Additional facts and circumstances regarding the background for this Ag-eement are
set forth on Exhibit B.
3. A�reement.
NOW,THEREFORE;for valuable consideration it is mutually agreed to by and between the
City, Consultant, and Applicant as follows:
3.1. Emplovment of Consultant bv Applicants.
Agreement Between Ciry�of Chula Vna,BurAea N'on�Enaineers and SSBT LCRE V,LLC
jor Preparanon afThree Public Facilines Firsoncing Plans(V!laees 3/4,8 East,and 70).
Pa�e 1
13-6 °
Consultant is hereby en�a�ed by the Applicant;not the Cin�;and at Applicant's sole cost and
expense; to perforcn to; and for the primary benefit of. City; and solelv at Cit��s direction, all of the
services described on the attached Eachibit A, Paragaph 4, entitled "General\'arure of Consultina
Services,' (General Services); and in the process ofperfoimina and deliverine said General Serv�ces,
Consultant shall also perform to and for the benefit of Ciry all ofthe sen�ices described in E�ibit A;
Para�aph �; entitled "Detailed Scope of Work," (Detailed Services), and all services reasonably
necessary to accomplish said General Services and Detailed Scope of�Vork; and shall deliver such
documents requued (Delicerables) herein; all within the time frames herein set forth; and in
particular as set forth in Exhibit A,Paza�aph 6, and if none aze set forth,w ithin a reasonable period
of tune for the diliaent execution of Consultant's duties hereunder. Consultant understands and
agees that time is of the essence for this A�eement.
The Consultant does hereby a�ee to perform said General and Detailed Services to and for
the primary benefit of the Cih�for the compensation herein fixed to be paid by Applicant.
In deliverine the General and Detailed Services hereunder. the Consultant shall do so in a
Qood, professional manner consistent with that le�el of caze and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations; at
its own cost and expense except for the compensation and/or reimbursement,if any;herein promised,
and shall fumish all of the labor; technical, administrative, professionai and other personnel; all
supplies and materials; machinery, equipment, printin�, vehicies; transportation; office space and
facilities, calculations; and all other means «�hatsoever, except as herein othenvise expressly
specified to be fumished by the Citv or Applicant;necessary or proper to perform and complete the
. �ti�ork and provide the Services required of the Consultant.
3?. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without reeazd
to the conclusions reached bv the Consultant, and accordino to the terms and conditions set fonh in
E�chibit C adjacent to the�oveming compensation relationship indicated by a`checkmark"next to
the appropriate arraneement, by paying said amount to the City; within 30 days of Consultant's
billing,or in accordance«�ith the security deposit provisions of Para�aph 3.3 ofthis Ageement and
E�ibit C; if checked, and upon receipt of such payment by the Ciry, Ciry shall promptlp_ pay said
amount to the Consultant in accordance�vith the Bill Processing provisions in E�ibit C;if cbecked
City is merelv actine in the capacity as a conduit for payment; and shall not be liable for the
compensation unless it receiees same from Applicant. .4pplicants shall not make any pavments of
compensation or othenvise directly to the Consultant.
3?.1. Additional R'ork. If the Applicant; with the concurrence of City, determine
that additional services ("Additional Services") aze needed from Consultant of the type Consultant
is qualified to render or reasonablv related to the Services Consultant is otherwise requued to
pro��de by this:�geement, the Consultant a�ees to provide such additional sen�ices on a time and
materials basis paid for bv Applicant at the rates set forth in E�ibit C;unless a sepazate nxed fee is
otheiu�ise a�eed upon in «�ritine for said Additional �4ork betu�een the panies.
Aereemem Bm.•een Cip�of Chula Vism,Bu�keu N'on�£ngineers and SSBT LCR£V,LLC
for P�tyaranon oJ77�ree PubGt Faei(i6es Financin�Plans(Di(lages 3/S,8 Eas;and 70).
Pase 2
13-7
3.2?. In the event tbat tbe City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
reearding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option; suspend any further processing of Applicant's
Application until the Applicant deposits the City's estimate oftbe costs ofthe additional work which
the City determines is or may be required..Applicant shall pay any and all additional costs for the
additional work.
3.2.3. Reductions in Scope of Work. City may independently,or upon request from
Consultant, from time to time reduce the Services to be performed by the Consultant under this
A�eement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiatin�a corresponding reduction in the compensation associated with said reduction.
Upon failure to agee, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials bud�eted by Consultant for the Services deleted.
3.3. Securitv for Pa�ment of Comoensation bv Applicant.
33.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall; upon execution of this Ageement; deposit the amount indicated on Exhibit C as "Deposit
AmounY'with the City,the conditions of such deposit being as indicated on Exhibit C and as herein
below set forth:
33.11 Other Terms of Deposit.
3.31.1.1. All interest eamed on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for such purposes as determined by the City. City may, in lieu
of deposit into a separate bank account, separately account for said deposit in one or more of its
various bank accounts;and upon doing so, shall proportionately distribute to the Deposit the average
interest eamed during the period on its general fund.
3.3.1.1.2. Any unused balance of Deposit Amount; including any
unused interest eamed; shall be returned to Applicant not later than 30 days after the termination of
this A�eement and any claims resulting therefrom.
3.31.13. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized:
3.3.1.1.4. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so; Applicant shall, within 30 days pay said amount
(Supplemental Deposit Amount) to City. Said Supplement Deposit Amount or Amounts shall be'
governed by the same terms goveming the original Deposit.
Agreement Between Cin'of Chu/a Vsra,Burkeft N'ong Exgineers and SSBTLCR£V,LLC
for Preparanon ofThree Public faciGties Financimg P[ans�!laves 3/4.8 Eas;and 70).
Paee 3
13-8 �
3.3?. «'ithholding of Processing. In addition to use of the Deposit as securirv, in
order to secure the dury of Applicant to pay Consultant for Services rendered under this A�eement,
Cih�shall be entitled to withhold processing ofApplicant's Application upon abreach of.Applicant's
duty to compensate Consultant.
4. \on-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents; staff and subconsultants employed by it in
connection with the Serrvices requued to be rendered, are protected aeainst the risk of loss b��the
follo���ing insurance coveraQes; in the follo�vine categories; and to the limits specified, policies of
which aze issued by Insurance Companies that have a Best's Ratine of"A; Class �r' or better; or
sball meet with the approval of the City: �
4.1.1. Statutory R'orkers Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached E�ibit A; Paza�aph 10.
4.1.2. Commercial General Liability Insurance includin� Business Automobile
Insurance coveraee in the amount set forth in Exhibit A,Pazagaph 10;combined single limit applied
sepazately to each project away from premises o�vned or rented by Consultant;which names City and
Applicant as an�dditional Insured; and which is primary to anypolicy�ti hich the Ciry mayothern�se
cam� (Primary Coveraae); and w hich treats the employees of the City and Applicant in the same
manner as members of the general public (Cross-liability CoveraQe).
4.13. Errors and Omissions insurance. in the amount set forth in Exhibit A.
Paza�aph ]0, unless Errors and Omissions coveraee is included in the General Liability policy.
4?. Proof of Insurance Covera�e.
4?.I. Cer[ificates of Insurance. Consultant shall demonstrate proof of covera�e
herein required;prior to the commencement of services required under this Ageement,by delivery
of Certificates of Insurance demonstratin�same; and further indicatin�that the policies may not be
canceled without at least thirty (30) days kTitfen notice to the Additional Insured.
4.2.2. Policy Endorsements Requued. In order to demonstrate the rldditional Insured
Coverage,Primarv Co��erage and Cross-liability Coveraee required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsemen[ to ihe City and
,applicant demonstrating same.
4.3. Public Statements.
r111 public statements and releases to the ne�ti°s media shall be the responsibility of the Cin-
and the Applicant. The Consultant shall not publish or release new s items;articles or present lectures
.4�reement Between Cin•ofChu/n D2trq Burlea ti'on�En�ineerr anE SSBT LCRE V,LLC
for Preparanon of Three Public Faciliues Financing P(ans(Villuges 3/4,8 Easr,and]O).
Pa�e?
13-9
on the Project; either during the course of the study or afrer its completion, except on written
concurrence of the City and Applicant.
4.4. Commumcation to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City; .
or by writina an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. I�TOn-Comoensation Duties of the Apolicant.
�.1. Documents Access.
The Applicant shall provide to fhe Consultant,through the City,for the use by the Consultant
and City; such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant; including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Propertv Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property; to take any borings; make any tests, conduct any surveys or reconnaissance necessary to
deli��er the Services of Consultant, subject to the approval of the Applicant which shall not be
, unreasonably denied. Consultant shall promptly repair any damage to the subject property occasioned
by such entry and shall indemnify, defend, and hold the City and Applicant, and theu agents; and
employees harmless from all loss, cost;damage,expenses, claims, and liabilities in connection with
or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the Ciry,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetin�s as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party desig�ates the individuals (Administrators) indicated in Exhibit A,Pazagraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this Agreement.
7. Conflicts of Interest.
7.1. Consultant is Desi�ated as an FPPC Filer.
Aereement Between Ciry of Chula [Qsm,BurAett N'on�Eneineers and SSBT LCRE V,LLC '
. jor Preparadon ofThree Pubfic FaciliNes Financing Plans�!laves 3/4,8 EasG nnd 10).
Paee 5
13-10 �
If Consultant is desi�ated on Ehhibit A; Paza�aph 9, as an `FPPC filer," Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure pro«sions, and shall report his economic interests to the City Clerk on 2he required
Statement of Economic Interests in such reporting categories as are specified in Para�aph 9 of
E�ibit A; or if none are specified; then as determined bv the Cin�Attomey.
7.2. Decline to Participate.
Reaazdless of�vhether Consultant is desi�ated as an FPPC Filer.Consultant shall not make.
or participate in mal:in� or in any way attempt to use ConsultanYs position to influence a
Qovernmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this A�eement.
7.3. Search to Determine Economic Interests. "
Reeardless of�vhether Consultant is desi�ated as an FPPC Filer. Consultant�-arrants and
represents that Consultant has diliaently conducted a search and inventory ofConsultanYs economic
interests, as the term is used in the rewlations promulgated bv the Fair Political Practices
Commission. and has determined that Consultant does not, to the best of Consultant's l:nowiedse.
have an economic interest�ahich would conflict with ConsultanYs duties under this A�eement.
7.4. Promise Not to Acquire Conflictin�Interests.
Resardless of whether Consultant is desi�ated 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 A�eement «-hich w�ould constirute a conflict of interest as prohibited by the Fau
Political Practices Act.
7.�. Dutv to Advice of Conflictine Interests.
Reeardless of�;�hether Consultant is desi�ated as an FPPC Filer.Consultant further w�arrants
and represents that Consultant��ill immediateh ad�ise the Ciry Attomev ofCity ifConsultant leams
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and re2ulations promul�ated thereunder.
7.6. Soecific iVarranties Aaainst Economic Interests.
Consultant warrants and represents that neither Consultant; nor Consultant's immediate
famil} members,nor Consultant's employees or aoents(Consultant Associates)presently have any
interest; d'uectly or indirectly;�vbatsoever in the property���hich is the subject matter of the Project
or in any property�vithin 10 radial miles from [he exterior boundaries of the propem which is the
subject matter of the Project, or(Prohibited Interest).
.9e�eemenr Benvem Cin•ofChula Pura,Burkm H'ong£ngineers and SSBT LCRE V,LLC
for Preparauart of Three PubGe Facili+iet Fimntin�Plnns(Yi!lages 3/S,8 Easr,and 10).
Pa�e 6
13-11 �
Consultant further warrants and represents that no promise of future employment,
remuneration; consideration, gatuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicants or by any other party as a result of Consultant's performance of
this A�-eement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant a�ees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Ageement.
Consultant may not conduct or solicit any business for any party to this Ageement,or for any
third party which may be in conflict with ConsultanYs responsibilities under this A�eement.
8. Default of the Consultant for Breach.
This Aereement may be terminated by the City for default if the�Consultant breaches this
Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this A�eement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. Citv's Right to Ternunate Pavment for Convenience, Documents.
9.1. Notwithstanding any other section orprovision of this A�eement the City shall have
the absolute right at any time to terminate this Ageement or any work to be performed pursuant to
this Ageement.
9.2. In the event oftermination of this Ageement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the a�gregate of all sums
previously paid to the Consultant for services performed after execution of this Agreement and prior
to its termination.
93. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this Agreement, and upon demand of the City; the
Consultant shall deliver to the Ciry, all field notes, surveys, studies,reports,plans, drawings and all
other materials and documents prepared by the Consultant in performance of this Agreement;and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain wpies for their own use and the City shall provide a copy;at Applicant's cost,
of all such documents to the Applicant.
9.�. Applicant shall have no right to terminate Consultant, and shall not exercise aay control
or direction over ConsultanYs work.
Aereement Between Ciry nf Chu[o I9srq BurAett Wong Engineers and SSBTLCRE V,LLC
for Preparafion of Tlvee Public Faci[ines Financing P/ans�llaaes 3/A,8 Easy and 10).
Paoe i
13-12
10. administrative Clauns Requirement and Procedures.
No suit shall be brou�ht arisine out of this A�eement; aeainst the Cin�, unless a claim has
first been presented in �tiririna and filed �-ith the Cin�of Chula V'ista and acted upon by the Cin�of
Chula V'ista in accordance�vith the procedures set forth in Chapter 1.34 of the Chula Vista�4unicipal
Code; the provisions of«hich are incorporated by this reference as if set fullv se[ forth herein.
ll. Hold Harmless and Indemnification.
11.1. Consultant to Indemnifv Cirv re. Injuries.
Consultant sball defend; indemnify; pro[ect and hold harmiess the City, its elected and
appointed officers and emplo}�ees from and a�ainst all clauns for dama�es;liabiliri,cost and expense
(includin�without limitation attomeys fees)arisin�out ofor alleQed by third parties to be the result
of the neeligent acts; errors or omissions or the «illful misconduct of the Consuitant, and
Consultant's emplovees; subcontractors or other persons, agencies or firms for n�hom Consultant is
le�ally responsible in connection���ith the execution of the work covered by this��eement,except
only for those clauns; damages; liabilih�; costs and expenses (includine u�ithout limita2ions;
attomeys' fees) arisino from the sole negliaence or sole w�llful misconduct ofthe Cin�;its officers;or
employees.?.lso covered is liability arising from;connected�ti�ith;caused by or clauned to be caused
bv the active or passi��e neglieent acts or omissions of the City; its aeents; officers; or empioyees
which may be in combination with- the active or passive ❑egli�ent acts or omissions of the
Consultant;its employees, a�ents or officers, or any third party.
�'Vith respect to losses arising from ConsultanYs professional errors and omissions,
Consultant shall defend; indemnify; protect and hold harmless the City; its elected and appointed
officers and employees; from and against all claims for damages; liability, cost and espense
(including without limitation attomeys fees) except those claims arising from the neeligence or
wiilful misconduct of City, it officers or employees.
Consultant's indetnnification shall include anv and.all costs, expenses; artomeys' fees and
liability incurred by the City, its officers; a�ents; or employees in defending against such clauns;
whether the same proceed to jud�nent or not. Consultant`s oblieations under this Section shall not
be limited bv any prior or subsequent declaration by the Consultant. Consultant's obligaiions under
this Section shall survive the termination of this A�eement.
I 1.2. Applicant to Indemnifv Ciri re Comuensation of Consultant.
Applicant agees to defend, indemnify and hold the Cin�harmless a�ainst and from anv and
all clauns; losses;damaees; expenses or expenditures of City; including its elec2ed officials;officers;
employees; aQenu, or representatives of the City(City Indemnitees); in any wav resulting from or
arisinQ out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this ��eement.
A�rtemtnt Bm.�een Cin•of Chuln l��rq BurAeu N'ong En�in¢ers and SSB7LCRE K LLC '
for Pr[paranon oJ Tkree Pub4c Fatifiries Finanein�P(ans(�i(lages 3/d,8 East.ond 10J.
Pa�e 8
13-13
13. Business Licenses.
Applicant a�ees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code,Title 5. Applicant furtber a�ees to require Consultant to obtain such
business license and to comply w�ith Chula Vista Municipal Code, Title 5.
li. A7iscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in��riting by City;neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
li.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Ageement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly eiven or served if personally served or deposited in the United States
mail, addressed to such party;postaQe prepaid,registered or certified,with return receipt requested,
at the addresses identified for the parties in E�ibit A.
13..i. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or furtt�er notice or demand in the same,
similar or other circumstances.
13.4. Entire A�-eement.
, This Ageement, together with any other written document referred to or contemplated
herein; embody the entire A�eement and understanding between the parties relating to the subject
matter hereo£ Neither this A2reement nor any provision hereofmay 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.
13.5. Capacitv of Parties.
Each si matory and party hereto hereby warrants and represents to the other party that it has
leeal authority and capacity and direction from its principal to enter into this Ageement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governin2 Law/Venue.
This A�eement shall be govemed by and construed in accordance with the laws of the State
of Califomia. Any action arising under or relating to this Agreement shall be brought only in the
Agreement Be�ween Cin�of Chula V'um,Burkea Wong Eneineers und SSBT LCRE V,LLC
for Preparanon nf Three Public Fatilitiu Financing Plans(�911avu 3/4,8 Easy and 70).
Paee 9
13-14
federal or state courts located in San Dieso Counn�; State of Califomia;and if applicable;the Cirn of
Chula V'ista;or as close thereto as possible. Venue for this A�eement and performance hereunder;
shall be the Cin�of Chula Vista.
liJ. �4odification.
\o modification or«�aiver of an}�pro�RSion of this A�eement shall be effective unless the
same shall be in�ti�-itine and simed by the parties hereto, and then shall be��alid only in the specific
instance and for the purpose for which �ven.
li.8. Counterparts.
This Aereement may be executed in more than one counterpan; each of which shall be
deemed to be an ori�nal but all of n�hich. when tal:en tooether shali constitute but one instrument.
13.9. Severabilitv.
In the event that any provision of this A�eement shall for any reason; be detemuned to be
invalid; illegal, or unenforceable in any respect the parties hereto sball negotiate in good faith and
agee to such amendments, modifications; or supplements to this A�eement or such other
appropriate action as shall; to the maYUnum extent practicable in light of such determinarion;
implement and gi��e effect to the intentions of the parties as reflected herein.
li.10. Headinas.
The captions and headings in this Ageement are for con�•enience onlv and shall not define or
limit the pro��isions hereo£
li.11. ���aiver.
\�o course of dealin�or failure or delay;nor the sin�le failure or delay, or the partial exercise
of any rieht, po«er or privileQe, on the part of the pariies shall operate as a waiver of an��righu
herein contained. The mal:ing or the acceptance of a payment by either party with];nowledge of the
existence of a breach shall not operate or be construed to operate as a �vaiver of any such breach.
li.13. Remedies.
Ihe rights of the parties under this Aereement aze cumulative and not exclusive of anv rights
or remedies which the parties mioht othenvise have unless this A�eement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this Ageement ma}°have an effect upon
persons not parties hereto, the par[ies specifically intend no benefit therefrom, and a�ee that no
performance hereunder may be enforced by any person not a pam� to this A�reement..
Agrermnu Belwer�+Cur afChu(a P�va,Burkeu!i'ong Enginetrs and SSBT LCRE�:LLC
for Preparanon of Three PubGe Factlines Financing P/ans(�ilinges 3/t,8 Easz.and 10).
Paoe 10
13-15
Ivotwithstandin�the fore�oine, this is a three party a�eement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. O«�nership, 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 ti�ithout ttie express w�-itten consent of City. City shall have unresh-icted authority to
publish, disclose(except as may be lunited 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.
1�. Entire A�eement. �
This Agreement supersedes any and all other a�eements, either oral or written with respect
to the subject matter contained herein.
[Remai�sder of page intentionally Ief7 blank]
Agreemenr Beneeen Ciq�of Chula �sia,BurAett fVang Eneineers and SSBT LCRE V,LLC
for Preparanon of Three Pub(ic Facilines Fixancing Plarts�1(aves 3/J,8 Eas;and]O).
Paoe 11
13-16 �
�
i
Signature Page To �
the Agreement Behveen I
City of Chula Vista, I
Burkett & �Vong Engineers, Consaltant, and
SSBT LCRE V, LLC, AppGcant, :
for Consulting�Vork to be Rendered with regard to Applicant's Project �
(Pave 1 of 2)
NO�V THEREFORE,the paraes hereto,having read and understood the terms and conditions
�
of this Agreement;do hezeby e�cpress their consent to the terms hereof by setting their hand hereto. �
� City of Chula Vista I
_= i
i
By� I
Cheryl Cox, Mayor
�
Attest: � �
i
I
Donnallorris, City Clerk .
Approved as to Fomi:
Glen R. Googins, City Attomey
i
:
�
i
Consultant: Burkett& Wong Engineers �
�
By: ��� ;
/Plilliam Templeton
;
J:WttomeylhfichaclShHsndOfi=u'.guUPB�PFFPWgeemcn6V PnrtyAgrmntB�vkctt&Wong&JPBRcPFFPB-8.Ib.13-}7,`IALd«
Agrcanmt BtM'an C+ry aJCl+ula Yuin,Bnrketl F4'ong Engrnters and SSBT LC,RE!;LLC i
for Prryarafion af7l�ree A�bSt Futilrtiee Finartdng Pluru�!lage 3J4,8 Eart,and!0).
Page 12 �
13-17 `
_ _
_
�
Signafure Page To �
the Agreement Between �
City of Chula..Vista, !
Barkett&Wong Engineers,Consu[tants sud ;
SSBT LGRE V,LLC,App[icant I
For Consniting Work to be Performed with Regard to Applicaat's Pcoject I
(Page Z of 2j
�
�
j
Applicant: SSBT LCRE V,LLC j
�
__ {
p � �� � I
- $y. "�,D.[,���'�^Gti1/Y�-t.l�
Robert Emslie
i
Tide: Vice President
�
i
_ (
�
�
.
�
f
�
!
�
' ARreem�++f Beweex Qry ofCkyla VLst4 Hurkett Wong Engmrrn arsdSSBTLG'tE{;LLC -
� forPreparafton ofThree Pubflc Farllfltv FSnancinE Pkrts(Vlf/uga 3/Q.8E�1,anQ70J. P2gC ].i
13-18
Signature Pane To
the Agreement Beh�een
Ciri� of Chula Vista,
Burkett & R'ong Engineers, Consultants and
SSBT LCRE V, LLC, Applicant
For Consulting R'ork to be Performed ��•ith Regard to �pplicant's Project
CPage ? of 2)
Applicant: SSBT LCRE V, LLC
By: "
Robert Emslie
Title: Vice President
Agrerment Benveen Cin•of Chula 6ism,Burkea Ii'on�Ertgineerr and SSBT LCRE V,LLC
for P�epa�arion of Three PubGc FaciGties Finantine Plans��loges 3/S,8 Eusc and 70J.
Paoe 1�
13-19
Eahibit A
Effective Date: The Ageement shall take effect upon full execution of the A�eement, as of the
effective date stated on page 1 of the Agreement.
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: Burkett R Wong Engineers
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address 3434 Fourth Avenue
San Diego, CA 92103 �
(619) 299-5550
Applicant: SSBT LCRE V, LLC
Business Form of Applicants: O Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: Limited Liability Company
' Address: One Lincoln Street,
SFC9 Boston, MA 02111
1. Property(Commonly known address or General Description):
Otay Ranch Villa�es 3 North, Portion of 4, 8 East, and 10
2. Project Description (Project):
Prepazation of three Public Facilities Financing Plan (PFFPs) including Fiscal Impacf
Analysis (FIA) for Otay Ranch Villages 3 North, Portion of 4, 8 East, and 10 as required by
the City's Growth Management Ordinance in conjunction w;th the concurrent processing of
the Sectional Planning Area (SPA)Plans for said villages..
3. Entitlements applied for:
General Plan Amendments,Otay Ranch General Development Plan Amendments,SPA Plans
and Tentative Maps for Otay Ranch Villages 3 North, Portion of 4, 8 East, and 10.
4. General Nature of Consulting Services (General Services):
Agreemenr Between Cim of Chu/a Vsrq Burkett N'ong Engineers and SSBTLCRE V,LLC .
for Preparanon ofThree Public Faci(ines Financing Plans(l4//ogec 3/J,8£as1,and 10).
13-20 Page la
Prepare Public Facilities Financing Plans and Fiscai Impact,analyses for SPA Plans for Otay
Ranch Villa�es 3 I�'orth; Portion of 4, 8 East; and 10 to identifi�the amount location;timina
and financing mechanisms necessary to build and deliver required public facilities and
services to the project, and to identifi�the overall net fiscal impact that the project will have
on the Cih� in terms of revenues and eXpenditures and to meet the City of Chula Vista
�-funicipal Code Requirements.
�. Detailed Scope of�i'ork (Detailed Sen�ices):
The Detailed Services to be provided aze described belon:
Task A Preliminarv Reseazch:
Task A 1
Gather and review all available documents and data relatine to the Otav Ranch �'illaee 3 North
/Portion of 4; Village 3 East and Village 10 projects. Documents and data shall include,but no[be
limited to, the Cin�'s General Plan; City of Chula Vista ��unicipal Code; Parls i�•faster Plan, Otav
Ranch General Development Plan (GDP) Amendment applications, drafr Otay Ranch SPA/EIR
documents and maps toQether with supporting technical reports,that approved the Otay Ranch GDP,
esisting SPA plans and related PFFP's and EIR's. Other documents will include Otay Ranch Master
Facility Plans,Facilin�Technical Reports(i.e.Traffic,Nater, Sewer,Storm Drain and«'ater Quality
Anal��ses);Tentati��e�4aps; and associated conditions of appror•al; City resolutions of approval and
development ageements and current Form >j09. The City of Chula Vista will make the
aforementioned documents available for revie«° and analysis; as necessary.
Task A2
Meet �vith city planuing and public works staff to reseazch their project concems, review project
history and the current status of the Otay Ranch project.
Task A3
Meet with city staffand the developer's consultant Planner/Engneers to verify the proposed project
statistics, includin�but not limited to, number of dwellino units, acreaQe and phasina.
Task A4
Conduct a field �-ip to become familiar with the esisting site and surroundina land uses. `
Task B Identifv and Describe Facilities & Sen�ices Anal��sis:
Task B 1
Subsequent to the prei'uninarv revie«� of the available data, Consultant will identify facilities and
sen�ices that may be impacted by the SPA Plans pursuant to the adopted City Grow-th�4anaQement
Threshold Standards(Cbapter 19-09 of the City Nlunicipal Code).�preliminary cost opinion will be
prepazed to identifv new and/or up�ade infrastrucmre and sen�ices that will be required for both on
and off-site to support the subject SP:� Plan projects. Consultant �i�ill identify costs and financina
methods for infrastructure and ser�ices that are required to support the three ne�v SPA Plans.
A�reemmt Ba.veen City of Chu(n l��m,Burken N�ono En�ineers and SSBT LCRE l;LLC
for P�eparauan ojTh�ee PubGc FaciGnes Fimntin�Plans(�'�:u 3/J,8 East anA]O).
Pa�e 15
13-21 `
Consultant will include the impact fees and any fee credits as applicable; and coordinate with and
incorporate any other relevant fiscal impact data; evaluations or recommendations from the FIA.
Consultant ���ill consider the amount of development within the SPA Plans, as well as within other
projects in eastem Chula Vista. Other projects include those that are forecast to develop within the
same tmmeframe as the Village 3 North/Portion of Village 4,Village 8 East and.Villaee 10 projects.
Consultant will analyze the conditions during the phasing of the project and their build-out.
Task 2B
Meetin�s & Coordination: Consultant will coordinate with city staffto discuss the results of their
revie�;�. Consultant will meet �;�ith city staff, other city consultants and the project Applicant, as
necessary.
Task C Independent Evaluation and Recommendations to Mitigate Impacts:
Consultant will provide an independent evaluation of the project, compliance with the adopted
threshold standards and an assessment ofboth probable short and long term impacts ofthe Village 3
North/Portion of Village 4, Village 8 East and Village 10 projects as stated in the city's RFP dated
April 20, 2012. Recommendations will be included to mitigate impacts and maintain compliance
with the City of Chula Vista's Growth Management Standards.
Task D Attendance at Meetin2s and Coordination:
Consultant�;�ill attend one public forum, two Planning Commission hearings and tw�o City Council
Hearings. in addition, Consultant will coordinate with city staff,the Draft EIR consultant,and other
members of the Development Services Department, as necessary. Coordination includes meetings,
emails, correspondence and telephone contact No meetings or contacts with the project
Applicant/Developer or their Consultant Planner/Engineer will occur unless approved in advance or
requested by City Staff.
Task E Preparation of Drafr and Final PFFP Documents:
Task E1
Consultant«�ill prepare and submit a preliminary draft for each PFFP including text and supporting
graphics for staffreview and comment (25 copies and 1 electronic copy).
Task E2
Consultant will revise each draft PFFP pursuant to city staff comments, and submit a second draft
(25 copies and 1 electronic copy) for sfaff review.
Task E3
Subsequent to the second staffreview, Consultant will finalize each PFFP document (includes 25
copies ofthe fmal document+appendices; 1-photo-ready hazd copy for each Village and 1-electronic
copy(CD) formatted for Microsofr Word).
Agreemenr Berween Cirv ofChula Dism,8urkert Wong Ersgineers and SSBT LCRE V,LLC .
for Preparation of Tdree Public Faci/ines Financing Plans(l�f/ages 3/4,8 East,and 70). '
13-22 Pa�e �6
Task F Fiscal Impact Anal��sis (FL4) by Pro Forma Advisors; LLC:
A FIA«ill be prepazed for each project azea: 1)Villaee 3?�iorth/Portion of 4; 2)Village S East; and
3) Viilaae 10. Consultant will build upon the basic model and approach prepared by ER� for the
cih�; as �i�ell as any refinements adapted by Pro Forma Advisors in the veus since.
Task FI Information Collection from the City
Consultant will patticipate in a w�ork session u-ith city staff and the Applicant, or their
representatives,to collect available project information and establish reasonable anal�5is parameters
for the model. The information shall include but is not limited to the follo�+�ina:
• Land use information for the projects,based on the land use definition used in the SPA fiscal
model.
• Project absorptions and assessed value assumptions.
• Emplo}ment densih�and household size assumptions. _
• Major public facilit}�components.
• Unique public service responsibilities for the City.
• Life cycle analysis of street maintenance costs.
Task F2 Determine Annual Fiscal Costs
The Consultant will adjust cost factors to account for cost changes and Life Cycle analysis of street
maintenance costs, as appropriate. Consultant will also apply the cost factors developed by the
previously adopted SPA fiscal mode] to the land use information provided by the cin�; in order to
deri�e annual fiscal costs artributed to the projecu through the project absorption period up to build
out.
Task F3 Calculate rinnual Fiscal Revenues
Consultant u�ill calculate net annual revenues for the projects thrflueh the project absorption period
to project build out. Ilus analysis �vill be based on the framework set by the SPA fiscal model.
Task F4 Calculate\Tet Fiscal Impacts
Consultant will calculate net annual fiscal impacts for the analysis period using the findines from
Task F1, F2; and F3. Consultant ���ill prepare a summary report illustratine the methodoloey and
findin�s of the analysis to be include in the PFFP.
Task F� Deliverables
Consultant will provide the city with the model in electronic format and up to 2� copies of the fiscal
analvsis report; and one photo ready master hazd copy for each villaee.
Task F6 �feetines and Presentations
Present the results of the fiscal analysis model at up to four noticed public meetin�s.
A�reement Between Cin•of Chu(a Dism,Burkm A'ortg En�ineers and SSB7 LCRE�;LLC
for Preparadon of Three Public Facilidu Fimndng Plarzs(�'illa�es 3/J,8 Easg and]O).
Pase 17
13-23 `
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of A�eement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1:Delivery of the Preliminary Draft PFFPs for staff review. —
Due Date: Maximum of nine weeks afrer City's notice to proceed.
Deliverable I�io. 2:Delivery of the Drafr PFFPs for staff review. —
Due Date: Maximum of four weeks after the consultant receives comments back from the
City's revie�i� of Preli�ninary Drafts.
Deliverable No. 3:Delivery of the Final PFFPs. —
Due Date: Maximum of three weeks after the consultant receives comments back from the
City's review of Preluninary Drafts.
7. Documents to be provided by Applicants to Consultant:
(X) site plans O grading plans O architectural elevations (X) project descriprion .
(X) other: Proposed General Plan Amendment revised text, including new/revised policies
and supporting graphics;technical studies,includin�water,wastewater,drainage;traffic;and
phasing plan.
8. Contract Administrators.
City: Tony Lettieri, Project Manager
276 Fourth Avenue, MS P-101
Chula Vista, CA 91910
Applicant SSBT LCRE V; LLC �
One Lincoln Street, SFC9
Boston, MA 02111
Consultant: Anthony G. Ambrose, AICP
Burkett & Wong Engineers
3434 Fourth Avenue
San Diego, CA 92103
9. Statement of Economic Interests;Consultant Reporting Categories,per Conflict ofInterest Code:
(X) Not Applicable. Not an FPPC Filer.
O Category No. 1. Investments and sources of income.
Agreemen!Betweers Ciq�of Chula I�istq Burkett N�ong Eneineers and SSBT LCRE V,LLC
jor Preparafion of Three Public Facilines Financine Plarcs(h"i(lapes 3/4,8 Eas1,and 10).
PH�Z 18
13-24
O Cateeon�?vo. 2. � Interests in real property.
O Category No. 3. Invesrinents; interest in real property and sources of income
subject to the re2ulatory; permit or licensina authority ofthe
depar[ment. �
O Cateaorv No. 4. Investments in business entities and sources ofincome which
engaee in land development;construction or the acquisition or
sale of real property.
O CateQor�r\a �. In��estmenu in business entities and sources of income ofthe
t}�pe which, within the past two yeazs; have contracted with
the City of Chula Vista (Redevelopment Aaency) to provide
services; supplies; materials, machinery or equipment.
O Cateeory\o. 6. Investments in business entities and sources of income of the
hpe which, within the past two }�eazs; have contracted with
the desiffiated employee's department to provide senices,
supplies; materials; machinery or equipment.
O Category No. 7. Business positions.
10. Insurance Requirements:
(X) Commercial General Liability: S1,000,000.
(� Automobile Liability: SL000,000.
(X) \�'orker's Compensation: Statutory
( ) Emplover s Liabilirv: 51;000;000.
(X) Errors and Omissions Liabilitt�: S2;000;000.
d�reement Benveen Ciry of Chu[a �ism,Burkrn II'bng Enginee�s anQ SSBT LCRE V,LLC
for Preparadon of Three PebGc Facilities Financin�Plnns(�4!/a�es 3/J,8 Easz anATO).
Paoe 19
13-25 �
Eahibit B
Additional Recitals
WHEREAS;the Applicant has deposited or will deposit an initial sum for the processing of
req'uests for proposals, draft and fmal PFFPs, and all other necessary documents as outlined in
E�ibit A; and
�'HEREAS, Burkett and Wong has acquired an in-depth knowledge of the Chula Vista
PFFP preparation requirements and process particularly as it applies to the Otay Ranch project
area through their preparation of the PFFPs and Fiscal reports for the Otay Ranch Villaee SPA
plans; and
WHEREAS, Burkett and Wong's comprehensive familiarity witfi the Otay Ranch project
areas,coupled with the knowledge gained through their extensive work on PFFPs and Fiscal studies
throughout Eastern Chula Vista; makes them uniquely qualified to serve as the Consultant for this
project; and
WHEREAS, the Contract Administrator l�as negoriated the details of this Agreement in
accordance with procedures set forth in Sections 2.56.11 0 of the Chula Vista Municipal Code.
(End of Recitals)
Agreement Between CiR�of Chu(a Yism,Burkert IVong Engineerr and SSBT LCRE V,LLC
J'o�Preparation of Thrce Public Facilides Financing Plarcs�llaves 3/1,8 Eas{and IO).
Paee 20
13-26 �
Eahibit C
Compensation Schedule and Deposir. Terms and Conditions.
(k� Sin�le Fixed Fee Arrangement.
For performance of all ofthe General and Detailed Senices ofConsultant as herein requued;
Applicant shall pay a sin�e fixed fee in the amounts and at the tunes or milestones set forth below:
(X)Sin�le Fixed Fee Amount: S 115;080
I Alilestone or E��ent Amount or Percent I
of Fi�ed Fee
1. Si�in�of this a�eement by all parties and upon the � o
I request of the Consultant I (1�/o)
2. I Submittal of the Preliminary Drafrs I (3�%)
3. I Submiftal of the Drafts I (3�%)
4. I Submittal of the Final Documents I (1�%)
�. I
6' I I
7. I I
I Sub-Total Ficed Fee Amount I S I 18,030
� � 2�% Contingenc��Fee ` � S29;�20
I Total Fiaed Fee Amount I S 147,600
Agreemenr Bm.^een Ciry o/'Chula L�a,Burken Nbn�Engineers and SSBT LCRE 1;LLC
for Preparanon of Thret PubGc FaciGnes Finantin�Plnns�llagu 3/4,8 Eas;and 10).
Pa_e 21
13-27
*For purposes of pa}�nent the fust drafr shall completely address and analtize all
issues identified in the detailed scope-of-work (described in Exhibit "A", Section �) to the
satisfaction of the Assistant City Manager/Development Services Director or desi2nee. Payment
shall not be made until the City's Assistant City Manager/Development Services Director or
designee determines that a complete draft ELA document has been submitted.
** Pursuant to section's 3.2.1 and 3.21.1, the Assistant City Manager; Development Services
Director or designee in his discretion independently or if the Applicant,with the concurrence of the
City deterxnines that additional services are needed from the Consultant, from time to time, may
negotiate additional services to be performed by the Consultant under this Agreement in order to
cover unforeseen issues that may be identified during the preparation ofthe . The
cost of additional services in connection with the shall not exceed % of
the total contract amount (S ).
( ) Phased Fixed Fee Arrangement. �
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under t11e category labeled "Phased Fixed Fee
Arran�emenP', Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the tunes or milestones set forth herein below (Phase Fixed Fee Arran�ement).
Consultant shall not commence Services under any Phase, and sha11 not be entitled to the
compensation for a Phase,unless Applicants shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase
Said Phase
( ) Time and Materials ,
For performance of the General and Detailed Services of Consultant as herein required;
Applicants shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth herein below according to the
following terms and conditions:
O Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstandin� the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for S
including all Materials, and other"reimburseables" (Maxiinum Compensation).
O Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant slzall have incuned time and materials :qual to
(Authorization Limit), Consultant shall not be entitled to any
Aereement Bmeeen Cip�ofChula Wsta.Bu�ken Wong Engineerr and SSBT LCRE V,LLC
for Preparanon of Three Public Facifines Financrng P/ans(�4flages 3/4,8 East,and 70). _
Pa�e 22
13-28
additional compensation«ithout further authorization issued in«�ritine and appro�ed by the
City Council. \Tothing herein shall preclude Consultant from providing additional Sen�ices
at Consultanr s o«n cost and expense.
Consultant's Rate Schedule
Burkett �b'ons Schedule of Rates
Cateaory of Employee " Hourly
of Consultant Name Rate
Principal S 16�
Principal Associate S 130
Planner S130
Engineer/Surveyor S 100
Technician S 90
Clerical S 60
Pro Forma�d��isors. LLC Schedule of Rates
Principal Partner SU�
Technical Staff S 100
*Other individuals from the Consultant firm mav be substituted in place of the names listed
solely at the discretion of the Assistant City vlana�er or Development Ser��ces D'uector.
O Hourh�rates may increase by 6% for services rendered afrer
Materials Sepazately Paid For bv�pplicant—
Cost or Rate
( ) Materials NA
Reports
Copies
( ) Travel I�'A
( ) Prinrina N.4
( ) Posta�e NA
( ) Delivery NA .
( ) Lona Distance Telephone Cbazges _ ATA
( ) Other \�A
Deposit
(X) Deposit rlmount: S 11 S.030 —As a�eed by the Applicant; 100%of
the Deposit (5113.080) is to be made bv SSBT LCRE V. LLC
In addition, Applicant a�ees to deposit, u�ithin 10 davs if City requests to do so, a sum
.9�reement Ben.•een Cin�of Chula l�iyrn,Burtm N'on=En�inetrs and SSBT LCRE V,LLC
far Preparadan of Three PubGc Faci6nes Financin�Pluns(��i!lagu 3/J,8 Easr,and 10).
Pase 23
13-29
(estunated to be up to $ 29520� for any additional services w�hich shall sepazately be paid
for by the Applicant.
(X) Use of Deposit to Pay Consultant.
Notwithstandin�the sole duty and liability ofApplicant to pay Consultant,ifthis paraeraph is
"checked,"upon City's receipt of billing by Consultant,and determination by City in good faith that
Consultant's billing is proper, a judg�nent for which Applicant agrees to hold Ciry harmless and
waive any claim a�ainst City; City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for tbe payment of said bill by
Applicant in making its good faith determination of propriety.
O Use of Deposit as Security Only; Applicants to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days afrer billing,City may,at its option,use the Deposit
to pay said billin�.
(X) Bill Processing:
A. ConsultanYs Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Upon Completion of Milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
O 15th Day of each Month
( ) End of the A4onth
(X) Other: FollowinQ Completion of each Nfilestone
C. City's Account I�TUmber: DO 1599
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit; �
( ) Other Securiry:
Type:
Amount: S
(X)Retention. If this space is checked, then notwithstanding other provisions to
.4greement Between Ciry�of Chula Vsm,BurAerc li'ong Eneirzeers ond SSBT LCRE V,LLC
for Repo�anon ofThree Public Facilities Financittg Plmrs�Ilaves 3/4,8 Eas{and]OJ.
Paoe 24
13-30 �
the contrar`�requu-in�t6e payment of compensarion to the Consultant sooner,
the Ciry shall be entitled to re2ain, at their option, the follo�i�inQ Retention
Percentaee until the Citv determines that the Retention Release Event,listed
below, has occurred:
(l� Retention Percenta�e: 10%
( ) Retention Amount:yS
Retention Release Event:
O Completion of All Consultant Sen ices
( ) Other:
(X) Other: The Retention Arnount may be released on a monthlv basis
pro�ided that Consultant has performed said monthly services to the sole satisfaction of the
Assistant City Manager/Director of Development Services or his desi�ee.
Agreement Benveen Cuy ofChula Disra,Bu�kea N'ong Engineen a�SSBT LCR£ 1;LLC
for Prepawnon of Three PubGt FatJines Financing P(uns(t71/agu 3/S,8 Easg and 10J.
Paee Z�
13-31
RESOLUTION N0. 2013-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A THREE PARTY AGREEn4ENT
BETVJEEN THE CITl' OF CHULA VISTA, BURKETT AND
«�ONG ENGII�rEERS, SSBT LCRE V, LLC FOR
CONSULTANT SERVICES RELATED TO PREPARATION OF
PUBLIC PACILITIES FINANCING PLANS AND FISCAL
IMPACT AI`�ALYSES ASSOCIATED WITH. THE OTAY
RANCH VILLAGES 3 NORTH / PORTION OF FOUR, EIGHT
EAST AND TEN SECTIONAL PLANNING AREA (SPA)
PLAI�TS, AI�'D AUTHORIZII�'G THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, pursuant to Title 19 of the Chula Vista Municipal Code, Section
� 19.09.050, a Public Facilities Financing Plan (PFFP) and corresponding Fiscal lmpact
Analysis (FIA) is required as part of a Secfional Planning Area (SPA) Plan; and
WHEREAS, SSBT LCRE V, LLC, (Applicant) l�as submitted SPA Plan
applications for Otay Ranch Villages 3 North/Portion of 4, 8 East, and ]0 and it is
necessary to prepare a PFFP and F1A as required for each of the Prqperties; and
VJHEREAS, it was determined by the Director of Development Services that staff
does not have the fiscal expertise to perform the subject work; and
WHEREAS; on April 20, 2012 the Development Services Department issued a
Request for Proposals (RFP) for the preparation of PFPPs for Villages 3 North/Portion of
4, 8 East; and 10 pursuant to CVMC 2S6.110; and
WHEREAS; City staff reviewed proposals submitted from four firms and rated
the proposals against pre-detennined factors in which Burkett and Wong Gngineers
received the highest average rating; and .
WHEREAS; City staff is recommending the selection of Burkett and Wong
Engineers who is .qualified to prepare the PFFPs because of their prior work preparing
PFFPs within Otay Ranch, the proposed cost, and tl�eir knowledge of the project; and
�b'HEREAS, Burkett and ���ong Engineers and their sub-consultant Pro Forma has
performed satisfactorily under other similar agreeme��ts and it is stafYs recomtnendation
that it is in the City's best interest to hire Burkett and Wong Engineers due to their
extensive kno�i�ledge and familiarity of the City's PFPP process and requirements; and
WHEREAS; Burkett and Woug Engineers represent that they are staffed in a
manner that they can provide and deliver the required seivices to the City within the
necessary time franies; and
1:W[tome��\FINAL RESOS AND ORDII�ANCES�2013\09 10 13\CCResoReBurkett\�'ong1PBPFFB-8 26 I3- � -
FIVAL.doc �
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Resolution No.
Paee 2
WI-IEREAS; pursuant to the terms of this Three Partv :�ereement, Burkett and
\�'ons Eneineers will prepare PFFPs and F1As for Otav Ranch V"illaees 3 \�onh /Portion
of 4�8 East; and 10, the Cin� ���ill mana�e the Aereement, and the Applicant will be
responsibie for all costs: and
@%HEREAS, the De��elopment Services Director has revieti�ed the proposed
agreement approval for compliance ti�ith the Califomia Environmental Quality Act
(CEQ.A) and has determined that the activit�� is not a "Projecr' as defined under Section
1�378 of the State CEQA Guidelines, therefore, pursuant to Section 1�060 (c)(3) of the
Stare CEQA Guidelines the activitl� is not subject to CEQA. Thus, no en��ironmental
revie�� is required. �
NOW. THEREFORE. BE IT RESOLVED that the Cin- Council of the Citv of
Chula Vista hereby approves the Three Pam� Aereement beri��een the Cin� of Chula
Vista. Burkett and \Vona Eneineers, and SSBT LCRE V. LLC for Consultant Services
rendered for Villa¢es 3 \'orth/Ponion of 4. 8 East. and 10.
BE IT FURTHER RESOLVED, that the Cih� Council herebv authorizes and
directs the Mavor to execute said aereement for and on behalf of the Citv of Chula Vista.
Presented by Approved as to form bv - .
I:ellv Brouahton G R.
Development Services Director ��Cin� _
J:lAaomev�FPr�`AL RESOS.AND ORDINANCES�2013\09 10 13\CCResoReBurken\1'oneJPBPFPB-8 26 13-
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