HomeMy WebLinkAbout2013/09/17 Item 04 _.�=��:f--�.��,__
_-�-��.�-�. CITY COUNCIL
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09/17/13. Item `i"
ITE?14 TITLE: RESOLUTION OF THE CITY COUT'CIL OF THE CITI' OF
CHUZA VISTA APPROVING A THREE P.ARTl'
AGREEAgI�'T BET\�-EE\T THE CITl' OF CHiTLA VISTA.
SLF IV/I�4Cn4ILLIIv A�ILLENIA JV'. LLC A_\TD SCHA4IDT
DESIGI�T GROUP. I�TC. FOR PARIC DESIGN SERVICES FOR
MILLENLA PARK P-1 (I`'ORTHEASTERI�i Pr1RI�); .1ND
AUTHORIZII�'G THE ?�4AYOR TO EXECUTE SAID
AGREEA4ENT
SliBDZITTED BI': DEV"ELOPD4ENT SERVICES DIRECTOR ���
RE�TE�VED BI': CITY' n�ANAGER/��/f S
U'V
�hTHS VOTE: YES � NO �
SL11��1R1'
SLF IV/McD4illin D4illenia JV, LLC (?�4cD4illin) is curzentl�� movino forn�ard «'ith Phase
1 of tbe Millenia project (formerl�� the Eastem Urban Center). Phase 1 includes the
construction of n��o rumkev public urban pazks: Pazk P-1 located at the northeast
quadrant and Pazk P-4 located at the southeast quadrant of the project.
This item requests Citv Council approval of a Three-Pam� A�eement (Attachment 3) for
Landscape ArcMtecrure Sen•ices for the desim of Park P-1 ���hich is the first of si� planned
pazl:s to be desi�ed and built �»thin the A4illenia project.
The southeastem Park P-4 N�ill be the subject of a separate Request for Proposal (RFP) and
Ihree-Pam�Ageement.
E\�'IRONNIE\TAl: RE�'IE�V
The Development Sen�ices Director has re�ie���ed the proposed project for compliance
«�ith the Califomia Em�ironmental Qualin� Act (CEQA) and has determined that the
project �vas covered in pre��ioush� adopted Final Second Tier Environmental Impact
Report, EIR 07-01.
4-1
09/17/l3, Item�
Page 2 of 4
RECOMMENDATION
That Ciri� Council adopts the Resolution
BOARDS/COA'IAZISSION RECOAIA7ENDATION
N/A
DISCUSSION
Backaround
On September 15, 2009; in accordance ���ith Cit}� Council Resolution 2009-226, the City
approved the Eastem Urban Center Parks Agreement (Parks Agreement) between
A1cMillin and the Cit}� for the construction of pazks in a portion of the Otay Ranch
Eastern Urban Center. The Parks Agreement ii�cludes thresholds for the completion of
the Millenia Pazks and establishes the parameters for the design, development and
delivery of pazks and recreation facilities for Millenia, induding provisions for prepazing
pazk master plans and park construction documents.
In accordance «�ith the adopted Sectional Planning Area (SPA) Plan, the six Millenia
parks are located for convenient and quick pedestrian access by residents in the
surrounding districts, and the parks' conceptual designs stem from the idea that Millenia
is a place of energy, with each park eaploring nofions of kinetic energ�� (active use) and
potential energy (passi��e use), with the park designs presenting variations on a theme of
energy types, characteristics, or utilization.
Pazk P-1 is 1.97 acres and is to be located at the intersection of St��lus Street and Orion
Avenue (F and C Streets, Attachment 1), surrounded by residential uses and adjacent to
the main street retai] core. In accordance �vith the Conceptual Park Design in the SPA
Plan (Attachment 2), Park P-1's energy tl�eine is "Interaction" and is to eaplore energy
flo��s and exchanges among people ���ho are directl}� engaged with each other in some
sort of activiry. Active (ki�ietic) uses could include participating in games and physically
interactina���ith each other and with built elements.
Pazk P-1 N�ill be publicl}� o�n�ned and maintained to established City standards or as may
further be defined within the Park Master Plan. ln accordance with the Parks Agreement,
the City and McDZillin are to split equally (50% City and 50% Community Facilit}�
Disfrict) the costs of inaintaining this public park.
The desien and approval of the Park Master Plan and Consfruction Documents will be
managed by A9cD4illin with the City reviewing and approving all park documents in
accordance N=ith the Parks A�eement and the City's Landscape Manual to ensure the
park satisfies all applicable City standards and requirements for both design and
maintenance.
4-2
09/1%/li, Item�
Pase 3 of 4
Consultant Ser��ices Selection Process
A4c\4illin issued a RFP on June Z0; 20li to a select group of qualified Landscape
Architecture fums for a derelopment of a Park A4aster Plan and Construction Documents.
A total of fire firms responded b�� 3 p.m. on Julv 19. 20li (due date). A pa�el
comprised of representati��es of Mc?�4illin and the Cit�� intervie�;ed the fi��e firms and
based on pre-determined criteria selected Schmidt Design Group: Inc. (Consultant) as the
preferred consultant.
Scooe of\��ork
The scope of ��rork includes the prepazation of a Park �9aster Plan, Construction
Documents; and construction administration. The approred Design Project Schedule
anticipates the ���ork taking approximatel��- fourteen months. Construction of the park
shall be via a sepazate contract.
1. �Zaster Plan
A Preliminary A4aster Plan is to be prepared by the Consultant in accordance N�ith the
Ciri�'s Landscape n4anual to refine the concept plan for Park P-1 induded in the
adopted ?�4illenia SPA Plan. The Preliminarv Master Plan is to include the
de��elopment of up to three altemative site plans for consideration and approval b}�
both ?�4cA4illin and the Cit��.
Subsequentiy, the Preliminan� A4aster Plan is to be refined to develop a Drafr Master
Plan to be presented to the Pazks and Recreation Commission and the Citv Council
for revie�; and approval.
2. Coostruction Documents
This phase consists of the preparation; revie« and approval of all plans necessary for
utilization bv the contractor for the installation of.the park. Construction documents
aze to be prepazed b� the Consultant in accordance ���ith the requirements of
applicable Cin� codes; the Uniform Buildine Code; the Cin� of Chula Vista Landscape
1�4anual. and other pertinent park development standazds and specifications.
3. Construction Administratio�
The Consultant is to pro��ide professional Landscape- Architecrurai Sen�ices as
required to represent McMillin's and the Ciri's interest durine construction of the
park impro��ements. The Consultani is to meet ���ith the construction contractor to
ensure the design intent of the dra���in�s is interpreted accuratel��. Prepazation of As-
Built plans is included in this effort.
4-3
09/17/13, Item�
PaQe 4 of 4
Contract Pavment
The total cost of the contract for consulting services is $279,006 with an additional
$11,300 for a Public Art Consulta�t Tl�e project applicant will pay all consultant costs,
as well as; reimburse the Cit�� for all associated sta�ng costs tluough the projects'
deposit accounts.
DECISION n4AKER CONFLICT
Staff has revie���ed the property holdings of the City Councilmembers and has found no
property holdings ���ithin 500 feet of the boundaries of the property which is subject to
this action. Staff is not independently aware, nor has staff been informed by any City
Councilmember, of an}� other fact that may constitute a basis for a decision maker
conflict of interest in this inatter.
CURRENT YEAR FISCAL In4PACT
There will be no impact to the General Fund. The applicant will fully compensate the
Consultant for consultinQ services; and will also reimburse the City for all associated
staffing costs through the projects deposit accounts.
ONGOING FISCAL IAZPACT
Approva] of the Three-Party Aereement will not result in on-going fisca] impacts since
the Applicant is solely responsible for compensating the Consultant and reimbursing the
City for all associated staffing costs. Also, production of the project Pazk P-1 Design
under contract is a one-time work effort that is expected to be completed by end of 2014.
ATTACHMENTS
1. Project Location A�ap
2. Millenia Park P-1 Conceptual Plan
3. Three-Party Agreemenf
R�epared by: Patricia Fennma, Po�oject Almaager, Developmervl Sernices Deparfinenl
4-4
;
ATTACHMENT1 i
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ATTACHMENT2 I
(Apri124, 2009)
Figure 4a: Northeast Park i
`Interaction'
Life Size Chess i
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Sculpture ;
Open Lawn �
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- Restrooms/
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EUC Urban Pazks; Recrearion, Open Space, and Trails Plan 34 �
4-6 ��.
THE ATTACHED AGREE:MEI�TT I-LAS BEEN REVIE�tTED
AI�TD APPROVED AS TO FORI�� BY THE CITI'
ATTOR\TEY�S OFFICE A\TD VVILL BE
FORMALLY SIG\TED UPOI�T APPROVAL BY
THE CITY COU�'CIL
��? City Attorney
Dated: �
THREE PARTY AGREEI��NT
BET�'�'EEN
THE CITY OF CHUI.:A VISTA A\TD
SLF N/I�ICMILLIi�' MILLEI�TIA JV, LLC
FOR PARK DESIGN SERVICES FOR MILLENIA PARK P-1
(I�'ORTHEASTERN PARK)
4-7
Three-Party Agreement Between
City of Chula Vista,
SLF IV/McMillin Millenia JV, LLC and
Schmidt Desian Group, Inc.
For Park Design Sen•ices for Millenia Park P-1 (Northeastern Park)
1. Par[ies.
This asreement ("Agreemenr'), effective , 2013, is betu�een the
City of Chula Vista ("City'); a municipal corporation of the State of Califomia, Schmidt DesiQn
Group,Inc. ("Consultanf`)whose business form and address aze indicated on the attached E�chibit A,
and SLF IV / McMillin D4illenia .TV; LLC (`ApplicanY') whose business form and address are
indicated on the attached Eshibit A, and is made with reference to the followinQ facts:
2. Warranties and Representations.
2.1. Applicant warrants that Applicant is the o��ner of land (the "Property") commonly
known as Millenia. The Property is 2enerally located at the southwest corner of Birch Road and
Eastlake Pazktivay in the City. City and ApplicanYs predecessor have entered into a development
a�eement governing the Property, recorded October 27, 2009 as Doc. No. 2009-0�9�116 (the
"Development Aereemenf').
2.2. Applicant desues to desi;n and construct the park and urban recreational facilities
contemplated in the adopted Eastem Urban Center Sectional Plannina Area Plan and the"A�eement
Regarding Construction of Pazks in a Ponion of Otay Ranch Eastern Urban Center" between City
and Applicanr s predecessor,recorded October 28,2009 as Document No.2009-0599389(the"Pazks
A�reemenr'). City desires to allow Applicant to manage the process,includine paying Consultants,
with City reviewin�and approving plans and participatin�in the desi�n process to the eatent that the
City considers appropriate to ensure that City design principles, standards and approach to the lon�
term success of the park are met.
2.3. Section 2.1(a)(i)of the Parks Agreement requires Applicant to enter into a three-partt�
aoreement with the Ciry and a landscape azchitect to desi�n a park master plan and to prepare
eonstruction documents for park facilities covered by the Pazks Agreement. Prior to entering into
this Aareement, Applicant and Consultant have entered into a separate emplo��nent contract (the
"En�agement A�reemenP') goveming the relationship between Applicant and Consultant. The
purpose of this Agreement is to address the ApplicanYs, Consultant's and Ciry's role, rights and
obli�ations with respect to park design in Millenia.
2.4. The Property will contain several parks of different types. City and Applicant wish to
streamline the process of entering into agreements with consultants for Millenia by establishino this
A�eement as the form to be used by different Consultants. Consequently, the defined term
`'ConsultanY' herein shall include each Consultant in hun; and each Consultant shall enter into this
Aereement by signin� its own si�ature pa�e with its own e�ibits. Each Consultant will perform
Page 1
Three Part}�Aereement Benueen Ciq�oJChula Vista,SLFIY/McMi[!in,M17r[lenia JV,LLC and Schmidl Design Group,Inc
jor ParF Desien Sen�ice jar:b/il[enia ParA P-1
4-8
"R%ork" of the eeneral nanue and rvpe described in Exhibit .A, Paragraph 4. Each Consultant that
becomes bound b�° si�ina its o�n A�eement shall bz bound onl� as to its own A�eement, and
shall not ha��e an�� responsibilin or liability for an�� other Consultant; conversel�°; anv riahts of
Consultani a�ainst Cit� and/or Applicant shall be lunitzd to that Consultanrs rights under its onn
A�eement. �
2.�. Additional facts and circumstances reeazdins the back�ound for this Aereement aze
set for[h on Exhibit B. � � �
3. Asreement.
\OR%.TT-�REFORE.for valuable consideration it is muruall��aereed to b� and berneen the
Cit�, Consultanf; and Applicant as follo���s: �
3.1. Emplo�meni of Consultant bv�pplicant.
Consultant has been en�aQed b� Applicant, not bv Cirv; and at Applicanrs sole cost and
expense,to perform for the primar}�benefit of Cin•;and subject to Cim`s revie���and approval; all of
the services described on the attached Exhibit A.Paza�aph 4,entitled General\arurz of Consultina
Ser�ices ("General Senzces"); all of the sen-ices described in E�ibit A, Pazagraph �; entitlzd
Detailed Scope of t�'ork(`Detailed Sen ices'-); and all services reasonabiv necessary to accomplish
said General Services and Detailed Scope of R�ork. Consultant shall deliver such documents
required ("Deliverables')herein, all �;ithin the time frames herein set fonh, and in particular as set
fonh in Exhibit A, Paza�-aph 7; and if none are set for[h; w2thin a reasonable period of time for the
dilieent execution of Consultant`s duties hereunder. Consultant undzrstands and asrees that time is
of thz essznce for this A�eement.
The Consultant does herebv a�ee to pzrform said General and Detailed Services to aod for
the prunary benefit of the Ciry for the compensation herein fixed to be paid b��Applicant
In deliverine the General and Detailed Sen ices hereunder; the Consultant shall do so in a
good; profzssional manner consistent wzth that level of care and skill ordinarih� exercised bv
mzmbers of the profession currently practicinQ under similaz condiiions and in similaz locations, at
its o�jn cost and espense except for the compensation and/or reimbursement if anv,herein promised
and shall fiunish all of the labor, technical; adminisuati��e, professional and other personnel; all
supplies and materials; machinen�, equipment; printing, vehicles, transponation, office space and
facilities, calculations; and all other means w-hauoe�er; escept as herein otherN�se expressl�•
spec�ed to be fumished b��the Cirv or Applicant, necessar�-or propzr to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all senices renderzd by Consultant pursuant to the
En�aeement A�eement between .4pplicant and Consultant Ciry shall not make anv parmenu of
compensacion or othenrise duectl� to Consultant but Consultant shall pro�ide a duplicate invoice to
PQoe ,
Three Parrr.4�reemeru Benoeen Cin•ojChula D7szq SLF IVMc.tliflin bfillenia JV;LLC and Sehmidr Design Group,Inc
jar ParA Design Service jor,llillenia ParA P-1 4—9
the City to allow the Cify to confirm that the work to be paid for has been completed to the
satisfaction of City. Cit}�shall have Sve(�)working da}�s from receipt of each invoice to provide its
objections to Applicant reeardin�payment of the invoice. City may suspend its review ofpark p]ans
and/or further processing of any application of Applicant should Applicant not pay Consultant.
3.2.1. Additional R'ork. If Applicant,with the concurrence of City;determines that
additional services (`Additional Sen�ices") are needed from Consultant of[he type Consulfant is
qualified to render and which are reasonably related to the Services Consultant is othetwise required
to provide by this Aareement; Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in the separate agreement between
Applicant and Consultant.
3??. In the event that City deterrnines that additional work is required to be
performed above and beyond the scope of work herein provided in order far the Work to result in a
functional park,City shall consult with Applicant regarding the additional wark,and ifthereupon the
Applicant fails or refuses to arran�e and pay for said Additional Services, City may; at its option,
suspend its review of park plans and/or further processing of any application of Applicant that is
dependent on this A2reement until Applicant agrees to pay the costs of the additional work which
City determines is or may be required. Applicant shal] pay any and all additional costs for the
additional work.
3:23. Reductions in Scope of Work. Applicantmayindependently,oruponrequest
from Consultant, &om time to time reduce the Services to be performed by Consultant under this
A�reement. Such reductions in the scope of work are subject to City review and approval prior to
any reduction beine made. City approval shall not be unreasonably withheld for any chanaes that are
consistent with the approved entitlements for Millenia, including but not limited toythe Parks
Agreement. If upon receipt of such a request by Consultant, or by Applicant of its own friuition,
' Applicant shall notify City in �iritin� informing Ciry of the requested reductions in the scope of
work. Applicant and Consultant ao ee to meet in good faith and confer for the purpose of
neeotiating a corresponding reduction in the compensation associated with said reduction. Upon
failure to agree, Consultant's eompensation may be unilaterally reduced byApplicant by the amount
of time and materials budgeted by Consultant for the Services deleted.
4. Non-Service Related Duties of Consultant.
4.1. Insurance. Consultant has a�eed to provide insurance to Applicant in the Engagement
Agreement. These Sections 4.1 and 4.2 address insurance Consultant must carry to provide
assurances to Ciry and are in addition to insurance required by the Engagement Aereement.
Consultant represents that it and its aeents; staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coveraees, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or
shall meet with the approval of the Ciry:
Page 3
Three Party Ag�eement Benveen City ojChu/a Vista,SLFII�/h1cMi![in hli/lenia JT;LLC and Sclimid�Design Group,Inc
jor Park Duign Serviee jor Mil(enia Park P-1
4-10
4.1.1. Statutory R'orker`s Compensation Insurance and Emplovers Liabilin�
Insurance coveraoe in the amount set forth in the attached E�ibit A; Paragaph 10.
4.1?. Commercial General Liability Insurance includine Business Automobile
Insurance coverage in thz amount set forth in Ea:hibit A;Pazagraph 10;combined sinsle limit applied
separately to each project away from premises o�med or rented by Consultant,��hich names Cin�as
an Additional Insured;and which is primary to am�polic��which City may otherwise cam�(Priman�
CoveraQe);and which aeats the emplo�ees ofthe Cin�in the same mannzr as members ofthe eeneral
public (`Cross-liability Covera�e').
4.1.3. Errors and Omissions insurance, in the amount set forth in E�chibit A.
Paraoraph ]0, unless Errors and Omissions coverage is included in the General Liabilitv policy.
�?. Proof of Insurance Coverase.
4.2.1. Czrtificates of Insurance. Consultant shall demonstrate proof of coveraoe
herein required;prior to the commencement of sen�ices required under this Aareement;by delivery
of Cenificates of Insurance demonsvatina same; and further indicating that the policies may not be
canceled without at least thim (30) da�•s written notice to the Additional Insured.
�?.2. Policy Endorsemenu Required. In order to demonstrate the Additional Lnsured
Covera�e,Priman�Co�•era�e and Cross-liabilirv Coveraee required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsemznt to the Citv and
Applicant demonstratina same.
�3. Public Statements.
All public statements and releases to the news media shall be the responsibility of Ciry and
Applicant. Consultant shall noi publish or release news items, articles or presznt lecrures on the
Project,either durine the course of the study or aftzr iu completion.except on written concurrence of
Cin� and Applicant.
�.4. Communication to Cin�
Consultant shall communicate directl�� to Ciry in the presence of Applicant (presence
meaning: physical presence, conference calls or meetines via zlectronic media); or by�vriting an
exact copv of the communication w=hich is simultaneously provided to Applicant, except with the
express consent of Applicant. Consultant may request such meetinos ���ith Ciry� to ensure the
adequacy of sen�ices performed by Consultant.
Page 4
Three Pa'ty Agreemem Benreen Cip�of Chu(a Vstq SLFIV/.�11c�lli/lin 31i1lenia JI!LLC and Schmidt Design Group,!nc
for Park Design Service jor,L7i1lenia Park P-1
4-11
�. Non-Compensation Duties of the Apqlicant.
5.1. Documents Access.
Applicant shall provide to Consultant and City; for use by Consultant and City such
documents, or copies of such documents requested by Consultant or City,within the possession of
Applicant reasonabley u§eful to Consultant and Ciry in perfoming the services herein required of
Consultant, including but not limited to those described in Exhibit A. City shall provide to
Consultant,through Applicant;for the use by Consultant and Applicant, such documents,or copies
of such documents requested by Consultant or Applicant, within the possession of Ciry reasonably
useful to Consultant a�d Applicant in performing the services herein required of Consultant,
including but not limited to those described in E�ibit A, Paragraph 7.
�.2. Propertv Access.
Applicant hereby erants permission to City and Consultant to enter and access the Property,
to take any borines,make any tests;conduct any surveys or reconnaissance necessaryto perform the
Services of Consultant;subject to the approval of Applicant which shall not be unreasonably witheld.
Consultant shall promptly repair any property damage occasioned by such entry and shall indemnify,
defend, and hold City and Applicant, and their agents, and employees harmless from all loss,cost,
dama�e,expenses,daims,liens,and liabilities in connection with or arising from any such entry and
access.
53. Communication to Consultant.
City shall communicate directly to Consultant in the presence of Applicant ("presence"
meaning: physical presence, conference calls or meetings via electronic media), or by writing an
exact copy of the communication which is simultaneously provided to Applicant, except with the
express consent of Applicant. City may request such meetings with Applicant and Consultant as it
deems necessary to ensure adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party desi�nates the individuals(`Administrators")indicated in E�ibit A,Paragraph 8,
as said party's contract administrator who is authorized by said party to represent it in the routine
administration of this Asreement.
7. Conflicts of Interest.
7.1. Consultant is Desienated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC Filer," Consultant is
deemed to be a "ConsultanY' for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report its economic interests to the City Clerk on the required
Page �
Three ParN Agreement BeM•een Ciry of Chula �7sla,SLFIY/hlcb�fillin�Nillenia JI;LLC and Schmid!Design Group,Inc.
jor Park Design Service jor Millenia Park P-I
4-12
Statement of Economic Interests in such reportine catesories as are specified in Paragraph 9 of
E?chibit A, or if none are specified, then as determined bv the City Attome��.
7.2. Decline to Participate.
Reeazdless of whether Consultant is desi2nated as an FPPC Filer;Consultant shall not mal:e;
or panicipate in makina or in any «�ay attempt to use Consultant`s position to influence a
eovernmental decision in which Consultant knows or has reason to know Consultant has a fmancial
interest other than the compensation promised b�-this Aareement.
73. Search to Determine Economic Interests.
Reeardless of�vhether Consultant is desi�ated as an FPPC Filer. Consultant warrants and
represents that Consultant has dilieently conducted a search and im�enton�of Consultant's economic
interesu, 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 knowledee,
ha��e an economic interest�vhich�vould conflict with Consultanr s duties under this A�eement.
7.4. Promise\TOt to Acquire Conflictin2 Interests.
Regardless of wfiether Consultant is desienated as an FPPC Filer,Consultant further wazrants
and represenu that Consultant will not acquire; obtain; or assume an economic interesi during the
term of this Aereement �chich �ti�ould constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.�. Durv to Advise of Conflictins Interests.
Regardless ofwhether Consultant is desi�ated as an FPPC Filer,Consultant further warrants
and represents that Consultant«�Il immediately advise the Cin°Attomey if Consultant learns of an
economic interest of Consultanrs �ti'hich ma��result in a conflict of interest for the purpose of the
Fair Political Practices Act; and rewlations promulgated thereunder.
7.6. Specific �Varranties Aeainst Economic Interests.
Consultant ���arrants and represents that neither Consultant, nor Consultant's immediate
familv members, nor Consultant's employees or aQenu ("Consultant Associates") presently have
anv interest, directly or indirectly, ��fiauoever in the Property("Prohibited InteresT').
Consultant further �varrants and represents that no promise of future emplo�ment,
remuneration. consideration. eraruin� or other re���ard or Qain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Ageement. Consultant promises to advise City of any such promise that may be made durino
the term of this Aereement. or for 12 months thereafrer.
Page o
77nee Pam Agreement Benceen Cin�ojChula �sta,SLF IV/..tfctli(lin:Lfil[ertia!V,LLC and Schmidt Design Group,Ine
for Park Design Senice for br(lenia Park P-I
4-13
Consultant aerees that Consultant Associates shall not acquire any such Prohibited Interest
within the term of this Aoreement, or for 12 months afrer the expiration of this Aereement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Aa eement.
8. Defau]t of the Consultant for Breach.
This Aa eement may be terminated by the City for default if Consultant or Applicant breach
this Agreement or if Consultant refuses or fails to pursue the work under this A�eement or any
phase of the work with such diligence which would assure its completion within a period of time as
provided for in the Parks Agreement. Termination of this A�reement because of a default of
Consultant or Applicant shall not relieve Consultant or Applicant from liabiliry of such default.
9. Cirv`s Rieht to Terminate Pavment for Convenience, Documents: -
9.1. Notwithstandin� any other section or provision of this Agreement, City, with prior
H�ritten notice to the Applicant shall have the absolute riaht at any time to terminate this A�eement
or any work to be performed pursuant to this A�reement.
9.2. In the event of termination of this A,greement by City_in the absence of default of
Consultant, Applicant shall pay Consultant for the reasonable value of the services acmally
performed by Consultant up to the date of such termination,less the agb egate of all sums previously
paid to Consultant for services performed afrer execution of this Aereement and prior to its
termination.
9.3. Consultant and Applicant hereby expressly waive any and all claims for damage or
compensation arising under this A�reement, except as set fo�th herein, in the e��ent of such
termination.
9.4. In the event of termination ofthis Aa eement,and upon demand of CiTy or Applicant,
Consulta�t shall, at Consultant's so]e expense, deliver to the City and Applicant all 5eld notes,
surveys, studies, repoRs, plans, drawings and all other materials and documents prepared by
Consultant in performance of this A�eement, and all such documents and materials shall be the
property ofthe City and Applicant;provided however,that Consultant may retain copies for its own
use
10. Administrative Claims Requirement and Procedures.
I�TO suit shall be brou�ht arising out of this Aereement a�ainst City unless a claim has first
been presented in writin� and filed with City and acted upon by City in accordance with the
procedures set fonh in Chapter 134 of the Chula Vista Municipal Code,the provisions of which are
incorporated by this reference as if set fully set forth herein.
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Three Parry•Agreement Between Ciry•ojChu[a �sta,SLFIV/E1eMillin�b/il/enia Jl;LLC and Sd�midt Design Group,Inc
jor Park Design Service for:t1i!lenia Park P-1
4-14
1 l. Hold Harmless and Indemnification.
111. Consultant to Indemnifv Cirv re. Iniuries.
Consultant shall deFend; indemnifi�; protect and hold harmless the Cin�, iu elected and
appointed officers and employees from and asainst all claims for damaoes,liability,cost and zxpense
(including without limitation attomeys` fees)arisine out of or alle�ed by third parties to be the result
of the negli�ent acts, errors or omissions or the willful misconduct of Consultant, and Consultant`s
employees, subcontractors or other persons, asencies or firms for whom Consultant is lesally
responsible in connection«ith thz execution of the�i�ork covered by this Ageement except onh�for
those claims;damages, liabilin�; cosu and expenses (includine w�ithout limitations;attome}�s' fees)
arising from the sole neelieence or sole willful misconduct of the City, its officers, or employees.
Also covered is liability arising from; connected w�ith, caused by or claimed to be caused by the
active or passive neQlieent acts or omissions ofthe City,its aeents,officers,or employees which may
be in combination «�ith the acti��e or passive negligent acts or omissions of the Consultant, iu
employees, a�ents or officzrs; or any third pam.
�brith respect to losses arisine from Consultant's professional errors and omissions;
Consultant shall defend. indemnifi'; protect and hold harmless the City, its elected and appointed
officers and employees from and aoainst all claims for damaees; liability, cost and expense
(including �vithout limitation attomeys fees) except those claims arisin� from the nealigence or
wiliful misconduct of Citv, it officers or emplo}�ees.
Consultanrs indemnification shall include am•and all costs; expenses, attomeys' fees and
liability incurred by the City, its officers; aQents, or employees in defendino asainst such claims,
whether the same proceed to judament or not. Consultant's oblieations under this Section shall not
be limited bv am�prior or subsequent declaration by the Consultant. Consultant's obligations undzr
this Section shall survive the termination of this Asreement. ,
11.2. Aoplicant to Indemnif�� Cirv re. Compensation of Consultant.
Applicant aarees to defend; indemnifi�and hold Ciry harmless aeainst and from any and all
claims; ]osses; damages, expenses or expenditures of Ciry, includine its elected officials; officers,
employees; agents; or representatives of Cirv (`City Indemnitees'). in am� way resultins from or
arisin� out of the refusal to pay compe�sation as demanded by Consultant for the performance of
sen•ices required by this Agreement.
12. Business Licenses.
Applicant and Consultant a�ee to obtain business licenses from City and to otherH�ise
comply with Chula Vista Municipal Codz Title �.
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Th�ee Parry•Ag�eement Benoeen Cin•of Chula I�isia,SLFIVL1fctliflin:yi[lenia!V,LLC and Schmidt Derlgn Group,Ittc
fo�Park Duign Sen�ee fo�:Ni[lenia Park P-1
4-15
13. Miscellaneous.
13.1. Consultant not authorized to Represent Citv.
Unless specifically authorized in writing by City_neither Consultant nor Applicant shall have
authority to act as Ciry''s aoent to bind City to any contractual agreements whatsoever.
13?. I�'otices.
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 eiven or served ifpersonally served or deposited in the United States
mail;addressed to such party;posta�e prepaid,registered or certified,with return receipt requested;
at the addresses identified for the parties in E�ibit A.
133. Entitlement to Subsequent Notices.
I�'o 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 further notice or demand in the same,
similar or other circumstances.
13.4. Inteeration.
This Aereement, toeether with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding betwee� the parties relating to the role,
rights and obligations of City conceming ConsultanYs design of urban parks for Millenia. Neither
this Aereement nor any provision hereofmay be amended,modified,waived or discharged except by
an instrument in writing executed by the parry against which enforcement of such amendment,
�vaiver or discharee is sought. Nothine in this Agreement shall be deemed to conflict with the
Engaeement Agreement including; but not limited to, Exhibit A Paragraph 4 "Genera] Services,"
Paraeraph 5 "Detailed Services," and Para�raph 6 "Schedule; Milestone, Time-Limitations within
which to Perform Services." Consultant shall at all times comply with both this Agreement and the
Engagement Agreement. Notl�ing in this Agreement shall be deemed to constitute a�amendment to
any other agreement between City and Applicant, including but not limited to the Development
Aereement and the Parks A�reement.
135. Capacitv of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal autharity and capacity and direction from its principal to enter into this Aa eement; that all
resolutions or other actions have been taken so as to enable it to enter into this Aereement.
Page 9
Tkree ParN Agreemett!Benveen Cip•ojChulo Vis1a,SLF/U/Mchfi/lin Millenia JV,LLC and Schmidt Desigtt Group,Inc
for Park Desigrt Serviee jor Mi[lertia Pa�k P-1
4.-16
13.6. Governins LawNenue.
This Ageement shall be eovemed bv and construed in accordance with the la�ti�s of the State
of Califomia. Am' action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Dieso County, State of Califomia:and if applicable,the Citv of
Chula Vista;or as close thereto as possible. Venuz for this A�reement and performance hereunder;
shall be the Ciry of Chula Vista.
13J. \4odification.
No modification or waiver of anv provision of this Agreement shall be effective unless the
same shall be in«riting and signed by the parties hereto, and then shall be��alid only in the specific
instance and for the purpose for�ti�hich Qi��en.
li.8. Counterparts. - �
This Ageement may be executed in more than one counterpart, each of which shall be
deemed to be an orieinal but all of��'hich. w�hen taken toeether shall constirute but one instrument.
li.9. Severabilirv.
In the event that any provision of this Agreement shall for any reason,be de[ermined to be
incalid, illeeal, or unenforceable in anv respect, the parties hereto shall neeotiate in good faith and
agze to such amendments; modifications; or supplements to this Agreement or such other
appropriate action as shall; to the maximum extent practicable in light of such determination,
unplement and gi��e effect to the intentions of the parties as reflected herein.
13.10. Headines. .
The captions and headings in this 9areement aze for com•enience only and shall not define or
lunit the pravisions hereof.
li.11. �4�ai��er.
No course of dealins or failure or delay,nor the sinole failure or delay,or the partial exercise
of any right; power or privileee, on the part of the parties shall operate as a u�aiver of any rights
herein contained. The makine or the acceptance of a pay�nent b�•either pam«�th knomledee ofthe
existence of a breach shall not operate or be construed to operate as a�vaiver of am= such breach.
li.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusi��e of any riehu
or remedies which the parties miaht o[henvise have unless this A�eement provides to the contrar}�.
Page 10
Three Pam�Agreement Benveen Ciry ojChula �sta,SLFN/Nc�lfi!!in 37i1/enia JV,LLC and Schmidt Design Group,Inc
jor Park Design Servire for:5fillenia Park P-I
4-17
13.15. No Additiona] BeneSciaries.
Despite the fact that the required performance under this Agreement mav have an effect upon
persons not panies heretq the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a pariy to this A�reement.
Notwithstandin�the foregoin�;this is a three pam�a�reement 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,desi�ns,plans;procedures,systems
and any other materials or properties produced under this A�reement, with the exception of si;ned
copies of Ciry approved documents, shall be the sole and exclusive property of Applicant. No such
materials or properties produced in whole or in part under this Agreement shall be subject to private
use, cop}�rights or patent riohts by Consultant in the United States or in any other counu-y���ithout
the express written consent of Applicant. Applicant shall have unrestricted authoriry to publish,
disclose; distribute, and otherwise use, copyright or patent, in whole or in part, any such reports;
smdies, data; statistics, forms or other materials or properties produced under this Aoreemznt.
Signed copies of Ciry approved documents produced under this A�reement shall be the sole property
of Ciry.
15. Entire A�eement.
This A�reement supersedes any and all other agreements, either oral or wrirten with respect
to the subject matter contained herein.
[Remainder of page intentionally lef[6lank]
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TGree Parry•Agreement Bero�een Ciry�of Chu[a Visia,SLFN.MlcMi7lin Mi!lenia N,LLC and Schmidt Design Graup,Inc.
for Park Design Service for Millenin Pork P-1 .
4-18
Signature Page To
the Agreement Between
Cih� of Chula Vista,
SLF IV/D�Icllillin Millenia ,TV, LLC and �
Schmidt Design Group, Inc.
For Park Design Ser��ces for D4illenia Park P-1 (\ortheastern Park)
(Pa�e 1 of Z)
\O«'THEREFORE, the parties hereto,havine read and undersiood the terms and conditions
of ihis Aareement;do hereb}�express their consent to[he terms hereofbv settine theu hand hereto on
the date set forth adjacent [hereto.
City of Chula Vista
By:
Cheryl Cox, vlaeor
Atces[:
Donna tiorris. Cirv Clerk
Approved as to Form:
Glen R. GooQins. Cirv Attornev
Consuliant: Schmidt Desien Group; Inc.
Bv:
n Schmidt
resident
7:A¢omey/michaelsh/EUG�f illmiai Par.yParksA ernnt-9.i l 3-FiN AL
Pa�e 12
Three Par��A�ree��ienr Berneen Ciry•ojChuln �ista,SLF IDZLfc.6fi(lin Mi![enia JK LLC and Schmidt Design Gronp.Inc
jor Park Design Service jor�11i![enia Park P-( � .
4-19
Signature Pape To
the Agreement Beriveen
City of Chula Vista,
SLF N /McMillin Millenia JV, LLC and
Schmidt Design Group, Inc
for-Park Design Services for Millenia Park P-1 (Northeastem Park)
(Page 2 of Z)
Applicant:
" SLF N/McMillin Millenia JV, LLC
a Dela��are Limited Liability Company
By: The Corky A4cMi11in Real Estate Group, LLC
a Delaware Limited Lia 'lity Company
Its b4anagino e e
Bv:
Its: 5
By: �
Its: �/'�v,P
Page 13
Three Party Agreement Bem�een Ciry•of Chula Vista,SLFII'N/cMillin D�illenia.N,LLC and Schmid(Design Group,Inc
for Park Design Service for hlillenia Park P-I
4-20
Ezhibit A
Effective Date: The A�eement shall take effect upon full execution of the A�-eement, as of the
effective date stated on page 1 of che Aereement.
City: Cin= of Chula Vista
276 Fourth�venue
Chula Vista. CA 91910
Consultant: Schmidt Design Group, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( )Parenership
(� Corporation "
Address: 26>j Founh Avenue
San Dieeo. CA 92103
(619) 236-1462
Applicant: SI.F N/Mc:�4illin Millenia N;LLC
Business Form of applicant: A Delaw�are Limited Liability Company
Address: 27�0 Womble Road
San Dieeo, CA 9?106
(619) 477-4117
1. Propem� (Commonly known address or General Description): �4illenia (formerly kno���n as
Eastern Urban Center)
2. Project Description (Project): Desi� of�4illenia Park P-1 (Northeastem Pazk)
3. Entitlements applied for: \/A
�. General Nature of Consultine Sen�ices (General Sen°ices): Desian of �4illenia Park P-1
(Northeastem Park)
4.1 Urban Park D•Iaster Plan - Provide professional Landscape Architectural Services as
required to prepare; submit and obtain the Approval from the Cin�Council for an Urban
Park Vlaster Plan for�4illenia Park P-1 (`Pzrk P-1" or thz `'1'ortheastem Park"). The
plan shall be prepared and all Consultant ser��ices shall be performed to the satisfaction
of the Director of Development Services. Ihe plan shall consist of a Park Site.4nalysis,
Preliminarv Park 14aster Plan; and Drafr Park�4aster Plan�vith accompan}ine support
documents as outlinzd in Section � - Detailed Scope of 1��ork.
Page 1�
Three Pany Agreement Ben.•een Cip•ojChula ['7sta,SLF7Vnlct�illin tfi!/enia N,LLC and Schmidt Design Group,Inc
for Park Design Sen•ire jor Lfi!lenia Park P-1 -
4-21
4? Desig❑ Development (Preliminary Construction Documents and Construction
Documents) — Provide professional Landscape Architecmral Services as required to
prepare;submit and obtain the Approval from the Director of Development Services for
Preliminary throuah Final construction documents for Park P-1. The documents shall be
prepared and all Consultant services shall be performed to the satisfaction ofthe Director
ofDevelopment Services. Documents shall be as outlined in Section 5 -Detailed Scope
of Work.
43 Construction Administration -Provideprofzssional Landscape Architectural Services
as required to represent ApplicanYs and City's interest during construction of the park
improvements. The Landscape Architect shall meet with the construction contractor to
ensure the desi2n intent of the drawines is interpreted accurately.At this time questions
of interpretation are to be resolved, construction industry quality standards are to be
realized, and the interest of the City is to be preserved with all matters arising to said
questions. "
5. Detailed Scooe of�T�'ork
Consultant shall provide the following services all to the satisfaction of the Applicant and City
(Director of Development Services):
5.1 Pre-application Meeting with Staff
With approval to proceed from the Applicant,the Consultant shall schedule and attend a
Pre-application Meeting with the City's Landscape Architecture Division and Applicant
prior to preparation of the Site Analysis. This meeting will be used to familiarize the
Consultant with design issues related to development of the park, identify appropriate
scale, and identify the elements of the park budget. The primary purpose of the Pre-
application meeting is for the Consultant to gather in£ormation pertaining to the pazk site
and City requirements that would be useful in the development of a park site analysis,
development of the preliminary Master Plan concepts,and completion ofthe Park Master
Plan Application.
�.Z Preparation of Park Site Analysis
The Park Site Analysis process includes the inventory by Consultant of specific on-site
and off-site characteristics ofthe park which goes beyond the analysis which is reflected
in the Conceptual Park Master Plan included in the Millenia Sectional Planning Area
(`SPA") plan. The Analysis will evaluate changed conditions or more specific
information that exists relative to le�al and physica] boundaries and easements; road,
pedestrian corridors and other circulation elements;existing or planned utilities;adjacent
land uses (existing and pla�uied); topoeraphy, gradients, and drainage pattems; sun and
wind orientations; views (off-site and on-site) and; significant features, noise, spatial
pattems, and �eneral impressions regarding the experience potential of the site and its
parts. (Deliverable No. 1)
Page 1�
Th�ee Pany Agreement Betx�een Cip�of G�ula �sta,SLFIY/DIcAlillin Millettia JI;LLC and ScGmidt Design Group,lnc
jor Park Design Servrre jor Afillenin Park P-1
4-22
�.� Preparation of Preliminan� Park Dlaster Plan
The Preliminary A4aster Plan Phase is the rzfinement of the Concept Plan (idzntified in
the approved ?�4illenia SPA plan) to bring the park desien to a detail and eraphic level
acceptable for presentation to the City Staff and the Applicant. The Preliminary�4aster
Plan is to be accompanied by a cost estimate (for the purpose of demonstratina
compliance w�ith the project bud�et).
Concepmal Park Site Facilities are identified for this park in the A4illenia SPA Plan and
within the adopted Pazks Aoreement(in accordance���ith Cih�Council Resolution 2009-
226 approved on Septmber 1�, 2009). �Vhile the City has developed a standazd comfort
station floor plan for use in its parks,building elevations aze npically unique to each park
site and for Park P-1 are to be compatible ���ith the conceptual park plan and the
surroundine neiehborhoods.
Rough Park Gradine is sho��n on the Mass Grading Plans prepared by Project Desien
Consultants (Dra«�ino number ]0044 approced by the City Engineer on January 10.
2011) with construction change delta 1 approved by the City Eneineer on Januarv 7,
2013. The Consultant should evaluate�vhe[her the site's 2radins needs to be modified in
order to accommodate desired recreation facilities. Vehicular access to the site �vill be
pro��ided via a private drive���ay alone the northem and eastem boundaries of the park
which �t211 be constructed as part of the pm�ate development planned for the adjoinins
lot. Pedesffian access will occur via public walk���ays which�;�ill be located on the park
pzrimeter.
Development of the Preliminary Park Master Plan �vill be driven primarily bv thz
conceprual desien provided for in the Millenia SP.4 plan, streetscape plans (civil and
landscape), and proposed and future development on adjacent lots and shall take into
consideration other applicable Ciry development standards includine the City of Chula
Vista Landscape Manual,building and fire codes,site facility accessibility requirements
for the disabled, aradin� and subdi��ision reeulations. Ihese City widelines may be
supplemented or superceded by the more specific widance found in the b4illenia SPA
plan, the Parks Agreement and associated entitlement documents.
The Preliminary D4aster Plan Phase indudes preparation b��Consultant of a preliminarv
cost estimate.A preliminan-construction bud�et for this park is included in the adopted
Parks A�eement(2009 dollars).
�.� Deli��erables
�.4.1. Park Site Anal��sis (Deli�•erable No. 1)
Analysis of the park site evaluatine chaneed conditions or ne�i�infcrmation relative to the
park site includina interface ��ith planned and future decelopment; integration with
sueeucape plans;views to be retained and other opportunities and constraints.Park site
anal��sis mav be combined with the Preliminarv Park?vfaster Plan as a sinsle deliverable.
! Page 16
Three Pasry Agreement Benoeen Cirv of Chula �sta,SLFNn1e��fi1lin:llilfenia 1[;LLC and Schmidt Design Group,Inc
for Park Design Servire jor Sli![eni¢Park P-I
4-23
�.4.2. Preliminarv Park Master Plan Requirements (Deliverable 1\'0. 21
The Preliminary Park Master Plan shall include, but is not limited to:
a. A concept statement summarizing the park theme—refined from the SPA
co�cept.
b. All the pro�ram elements listed in the approved SPA plan and any
refinement to the park improvements identified in that plan.
c. Park and recreational facilities clearly identified.
d. Open space areas.
e. Pedestrian circulation both within the park and to the planned pedestrian
improvements on adjancent streets.
f. Types of fencing, retaining and freestanding walls.
g. Walkwa}�s,pedestrian and vehicular circulation,interface;and protections
and on-street parki��.
h. Interface with adjacent developments and planned improvements in the
frontin�ri�hts of way.
i. Irrieation mainline layout, with proposed and existing water meters and a
brief description of the irrigation type.
j. Areas to receive inigation.
k. Li�hti�g concepts.
l. Indicate plant palette(botanical and common name),with h�pes,locations,
sizes.
m. Slope and erosion control treatment (as needed).
n. Distin�uish between eroundcovers or lawn areas and method ofseparation.
o. Grading and drainage design, including stormwater management.
p. Sienage and sculptural /art elements. .
q. Propem�lines, easements, and any deed restrictions.
r. Paved, unpaved areas, and types ofpaving.
s. Preliminary concepts for buildings and/or structures.
5.43 Preoaration of the Draft Park Master Plan (Deliverable No. 3)
Following review of the Preliminary Park Master Plan by the Applicant and City, and a �
determination of acceptability of the Preliminary Park Master Plan, the Consultant will
proceed with the preparation of the Drafr Park Master Plan.
The Drafr Park Master Plan represents the fine-tuning of the Preliminary Park Master
Plan; incorporating comments and direction given by the Applicant and Ciry Staff. The
components are as listed above for the Preliminary Park Master Plan.
The Consultant shall present the Draft Park Master Plan to the Park and Recreation
Commission and thereafrer to the City Council for review and approval.
Page 17
Three Part}•Agreement Benveen Cip•ojChula Visia,SLF/I��1cMillin Dfillenia!I;LLC and Schmidt Design Group,Inc.
for Park Design Service jor iLliflenio Park P-I
4-24
�.4.� Draft Park Master Plan to D4aster Plan
Once approeed by the Cin Council, the Drafr Park A�laster Plan becomes the approved
Pazk�4aster Plan.
�.45 Desien Development and Preliminarv Construction Documenu(Deli��erable\0 41
The Desi�Development phase of the Park Development Review Process will focus on
the refinement of the Park \4aster Plan to a level of detail sufficient to move into the
Construction Document Phase. Gonsultant shall prepare a preliminarv set (�0 percent
complete) of the construction documenu package (Deli��erable No. �). The content and
format of the Preliminara Construction Documents shall be consistent �rith the
requirements outlined in The Chula Vista Landscape 14anual.
The Landscape b4anual identifies that all construction plan sheets are to be issued Cirv
sheet numbers and are to include the follo���ing types of sheets:
G Civil En�ineering Sheets
HGHorizontal Control Sheets
LGLandscape Construction
LI-Landscape Irrioation
LP-Landscapz Plantin�
The followRna information further describes required content and format of the
Preliminarv Consuvction Documents.
a. Gradine and Drainaee Plan .
The Gradine and Drainaee Plan represents a�0 percent complete�-adin�plan as defined
bv the Chula Vista Subdi��ision D4anual Section 4-200 Gradins Plans. Gradine and
Drainaee Plans shall be consisrent w�ith the requirements of the Chula Vista Landscape
T4anual and the Chula Vista Subdivision�4anual Sections�-100 and 4-200 as appropriate
to the cons�uction of a public park.
b. Construction Plan
The Construction Plan represents a �0 percent complete construction plan as defined by
the Chula Vista Subdi�ision A4anual Szction 4-200 Gradins Plans. Construction Plans
shall be consistent �vith the requiremenu of the Chula Vista Landscape?�4anual and the
Chula V"ista Subdivision 14anual Sections 4-100 and �-200 as appropriate to the
conswction of a public pazk.
Page 18
Three Pam�.aareement Bem�een Ci[t•of Chula Vsta,SLFII'/.�11e�fi((in:l/illenia JV,LLC and Schmidl Design Group,Inc
for Park Design Serviee for:LTi/lenia Park P-1 -
4-25
c. Play Area Plan
The Plav Area Plan represents a scaled drawine that depicts in plan view the park's play
area(s). The plan shall contain sufficient enoueh information to demonstrate desion
intent, conformance to applicable ADA requirements, and relationship of play area(s)to
the park. Product literature describine play equipment components shall also be included.
d. Construction Materials and Finish Schedule
The Construction Materials and Finish Schedule represents a description of park
' pavin„ walkways;jogging paths, mow strips, play surfaces, monument si�ns, and park
fumishings (benches;picnic tables; BBQ units, hot ash containers, trash receptacle,
bike rack, drinkin�fountain, etc.). Product literature describing park fumishings and
fixtures shall also be included. _
e. Landscape Construction Details
Landscape construction details identify the manner and methods of park construction.The
details should be drawn to scale and in a format suitable for inclusion in the construction
documents.
£ Li2hting Plan and Details/Electrical Plans
The Lighting Plan and Details identify the location(in plan view)of site liehtine including
walkwa}�/path li�htin�, architectural/site, and security lighting. Product literature
describin�light fixtures shall also be included. Site electrical service and meterin�from
' San Die2o Gas & Electric shall also be included.
g. Plantine Plan
The Planting Plan shall be to scale and shall include the identification of the type, size,
and quantities of proposed plant materials.
h. Irri�ation Equipment and Details
The Irri�ation Equipment and Details consists of a listing of irrigation system components
includin� irrieation heads (l��anufacturer and Equipment Model numbers). Appropriate
Inigation details shall also be provided.
i. Buildina Architecture
The Buildin2 Architecture information shall be drawn to scale (typically at one inch
equals four feet). Information presented shall include a floor plan and buildino elevation
drawings and the identification ofproposed construction materials and colors�The plans
shall contain sufficient information to demonstrate desi� intent, conformance to
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applicable ADA requiremenu, and relationship of use to the pazk. Product literature
describine fixrures and equipment shall also be included.
j. Specifications
Specifications shall include method of installation and set quality standazds for materials
and worl:manship for the finished product.
Once completed; and the Preliminary Construction Documents ha��e been eiven
preliminary approval b�•the Applicant, the�� shall be provided to the Cin's Landscape
Architecture Division. The Landscape Architecrure Division Staff Hill distribute the
information to other City Staff members for the purpose of receivina comment.
City Staff will identifi�necessary plan corrections and pro��ide Consultant�r-ith redlined
plan check sets. The Consultant will then revie�v the commenu from staffand proceed to
make changes, incorporatino the changes into a 90 percent completz construction
document package submittal. The 90 percent complete construction document package
represents the next phase and is called "Task �.6: Construction Documents".
�.4.6 Construction Documenu (Deli��erable No. 5 and 61
The Construction Document Phase consists ofthe preparation;revie���and approval of all •
plans necessary for utilization by the contractor for the installation of the park.
Construction documents are to be prepared by the Consultant in accordance «<ith the
requirements of applicable Ciry codes, the Uniform Building Code, the City of Chula
Vista Landscape �4anual; and other pertinent park development standards and
specifications. �Vith each plan check submittal as described below,an updated estimate
ofprobable cost shall be included. Construction Document submittals include a total of
t��o separate submi[tals (90 percent and 100 percent complete): All plan check
submittals to the City must be rerie�ved and appro�ed by the Applicant before bein�
submitted.
a. Conswction Documenu (CD's), 90 Percent Complete (Deliverable\o. �)
The Consultant shall prepare a second plan check that incorporates all Applicant and City
comments. The Consultant shall submit the second plan check set(90 percent complete
construction documents) for review by the City. The Landscape rlrchitecture Division
�vill distribute the construction documents to other departments to receive input and
comments pertainine co the plans.
b. Construction Documents (CD's); 100 Percent Complete (Deliverable�TO. 6)
The Consultant shall prepare a thud plan check that incorporates all Applicant and Ciry
comments. The Consultant shall submit the third plan check set(100 percent complete
construction documents) for revie�i�by the Cin�. The Landscape Architecture Division
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will distribute the construction documents to other departments to receive input and
comments pertaining to the plans.
c. Final Construction Documents (Deliverable No. 7)
Consultant shall work with Applicant and the City to complete the construction
documents until the Development Services Director, or,desig�ee, determines that
construction of the park can proceed per the construction documents.
�.� Construction Administration Phase
Durine construction of the park improvements the Consultant shall be available to coordinate
throughout the construction process as needed to ensure the design intent of the drawines is
interpreted accurately to ensure that the interests of the Applicant and the Ciry are to be
preserved. Possible services include: ,
a. Review of contractor submittals
b. Pre construction meeting attendance
c. Rough & Final grade revie�vs
d. Tree & shrucb location/ layout reviews
e. R'ater fearure reviews
f. Hardscape form and features review
e. Site liehtins review
h. 30 day maintenance walk
i. Final acceptance walk through and certification letter
j. Preparing and processing as builtplans following the completion ofpark construction
6. Documents to b�rovided bv Aoplicant to Consultant
The Applicant��ill provide to the Consultant all maps, grading plans, draina�e, soils and other
relevanttechnical reports, improvementplans,landscapeplans,aerialphotographs,etc necessary
for the Consultant to perform the services described in Sections 4 and � above.
7. Schedule,Milestone.Time-Limitations within which to Perform Services per approved Desien
Project Schedule
7.1 Date for Commencement of Consultant Services:
(X) Same as EfFective Date of Aereement
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7? Format of Deli�•erables
The work for this phase�vill be in the form of scaled; dimznsioned dra�ti�inas a�necessary
to communicate the design intent, sizes and material selection for all scope itzms. The
instrumenu«�ill be prepazed in AutoCAD on base plans issued b��the Cin�and Applicant.
ihe base plans will be in AutoCAD, and«�ll be full}'coordinated�rith other consultant's
work prior to issuance to Consultant.
• Instruments of Sen'ice/Electronic il4edia:
Hard cop��, orioinal drawines ar�d specifications are the deliverable instruments of
sen�ice. If�vork is prepared in electronic media format the Consultant will provide
electronic copies for com'enience only. Elecu�onic media will be prepared in
AuroCAD. In acceptine and utilizing am� drawines or other data on any form of
electronic media eenerated and provided by the Consultant;the Cirv and Applicant
covenants and a�ees that all such dra�i2nss and data are instrumenu of service of the
Consultant. The electronic files submitted bv the Consultant to the Cirv and
Applicant are submitted for an acceptance period of five workine days. Any defecu
the Citv and Applicant discovers durinQ[his period�vill be reported to the Consultant
and will be corrected by the Consultant.
73 General Dates or Time Limits for Deli��en- of Deliverables
73.1 Deli�erable I�TO. I. Park Site,anal��sis
The followins is due on the date stated in the approved Desi�n Project Schedule
1. Site Analvsis (30 Scale) (6) copies.
73.2 Delicerable No. 2. Preoaration of Preliminarv Park Master Plan I
The following is due on the date stated in the approved Design Project Schedule
1. Site Plan (30 Scale) (6)copies
2. Site Cross Sections at appropriate scale as needed to communicate design intent
(6) copies.
3. Plan vie�v of buildings (1/4" Scale)(6) copies
4. An eshibit of proposed construction materials and colors (6) copies
5. Preliminary Construction Budget (6) copies
7.33 Deliverable No. 3. Preoazation of Drafr Park A4aster Plan
The follo�r'ing is due ou the date stated in the appro�-ed Design Project Schedule,and is
to commence once confirmation is obtained that City and�pplicant comments have been
fullv addressed :
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1. Site Plan (SO scale) (12) copies.
3. Plan and thematic elevations of buildings (1/4" Scale)(6) copies
3. A list of proposed construction materials and colors (6) copies
4. Drafr Construction Bud�et(6) copies
5. One Set of colored renderings, mounted on foam-core board.
6. Full color,full size and reduced (8 %z"x 11")reproductions ofthe Site Plan, Sections;
Elevations, and Entry drawinas (12 each)
7. A Power Point presentation of the Draft Park MasYer Plan and it`s components for
presentation to Park and Recreation Commission and City Council.
73.4 Deliverable \'o. 4. Desien Development and Preliminarp Construction Documents
(CDsI. First Plan Check
The following is due on the date stated in the approved Desian Project Schedule
1. Design Development Preliminary Construction Documents (1� Copies).
2. Estimate of Probable Construction Costs with 15% contingency (One Copy).
73.� Deliverable No. �. Construction Documents (CD'sl. 90 Percent Complete (third
lan check
The followi�g is due on the date stated in the approved Design Project Schedule
1. Construction Documents, 90 Percent Complete (10 Copies)
2. Estimate of Probable Construction Costs with 10% contingency(One Copy).
73.6 Deliverable No. 6. Construction Documents (CD'sl. 100 Percent Comnlete
(third plan checkl
The following is due on the date stated in the approved Design Project Schedule
1. Construction Documents, 100 Percent Complete (3 Copies)
2. Estimate of Probable Construction Costs with li% contingency(One Copy).
73.7 Deliverable No.7_ Construction Document Mvlars (CD's). ]00 Percent Complete
The followin� is due on the date stated in the approved Desia Projeet Schedule
1. Construction Document Mylars, 100 Percent Complete (1 Copy) and three full size
copies of CD set and three half-size copies of CD set.
73.8 Deliverable No. 8. Proiect Status Memorandums and Meetines
Consultant to update City Staff on the Project Status on a regular bi-monthly basis related to
Consultant/Applicant meetins schedule.Updates will be in writing in a format to be agreed
to by all parties. Ciry Staff needs to be aware of all issues resolved and unresolved.
Scheduled meetinas may be substitutzd for forma] written memoranda.
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7.4 Project �Ieetings
7.�.1 Kick-offmeetine with Citq Staffper approved Desi�Project Schedule.
7.4? Deliverable No. 1: No �4andatorv�4eetine.
7.�3 Deliverable I�'o. 2: Consultant meets with City Staff per attached Desien Project
Schedule and presents �vork products.
7.4.4 Deliverable No. 3 Mee[ines
1. Consultant meeu«�ith City Staffper approved Dzsi� Project Schedule and
presents worh products.
2. Presentation to Parks and Recreation Committee.
3. Presentation to the Citv Council.
7.4.� Deliverable No. 4: No l�Sandatorv T4eetine.
7.4.6 Deliverable No. �: Consultant meets �aith Cirv Staff per approved Design Project
Schedule to discuss/resoh e questions/comments.
7.�1J Deli��erable No. 6: Consultant meets «'ith City Staffper appro��ed Desian Project
Schedule to discuss/resoh�e questions/commenu.
7.4.8 Deliverable ?�To. 7: Consultant meets with City Staff per approved Design Project
Schedule to discuss/resolve questions/comments.
7.4.9 Deliverable I�'o. 8: Project Stams reporting to City Staff throuoh out the Contract
, Administration phase n�ill be made available via the Applicant and the Consultant. Meetins
to be determined.
7.� Date for completiou of all Consultant sen-ices
Times for performance;as identified in the approved Desien Project Schedule mav be revised
in the sole discretion of the Director of Development Sen�ices.
8. Documents to be provided bv Cin�ro Consultant
1. Parlcs Ylaster Plan
2. City Landscape Desi��4anual
3. Other engineerino, planning and landscape architect standards, manuals; plans or other
documenu applicable to the�vork contemplated by this A�eement.
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9. Contract Administrators
Applicant: Todd Galameau
Senior Vice President
The Corlcy McMillin Companies
2750 VJomble Road, Suite 200
San Dieeo, CA 92106
(619) 477-�117 '
Citv: Patricia Ferman
Project Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 91910
(619) 409-�887 - '
Consultant: Glen Schmidt
Schmidt Desion Group, Inc.
26» Fourth Avenue
San Diego, CA 92103
(619) 236-1462
10. Statement ofEconomic Interests, Consultant Re�ortino Cate¢ories.per Conflict ofInterest Code
(7i)Not Applicable. Not an FPPC Filer.
O Cateeory No. 1. Investments and sources of income.
O Category No. 2. Interests in real property.
O Cateeory No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or]icensing authority of the
department.
O Cateeory No. 4. Investments in business entities and sources of income which
enga�e in land development,construction or the acquisition or
sale of real property.
O Cateeory No. 5. Investments in business entities and sources of income of the
V type which, within the past two years, have contracted with
the City of Chula Vista(Redevelopment Aeency)to provide
services, supplies, materials, machinery or equipment.
O Cateeory No. 6. Investments in business entities and sources of income of the
type which, within the past two years, have contrac?ed with
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the desionated emplo��ee's department to provide sen ices,
supplies, materials; machinerv or equipment.
O Category No. 7. Business positions.
11. Citv Insurance Requirements
(?� Commercial General Liabilin�: �1;000;000.
(�Automobile Liability: �I,000;000.
(X) \Vorkers Compensation: Statutory
(�Emplo}�er's Liability: �1;000,000.
(X)Errors and Omissions Liability: �2,000;000.
[End ofA,;reement]
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RESOLUTION NO. 2013-
RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA APPROVING A THR�E PARTY AGREE\�E?�iT
B�T\�JEEN THE CITY OF CHULA VIS1'A, SLF N/MCMILLIN
A�ILLENIA .N, LLC AND SCHMIDT DESIGN GROUP, INC;
FOR PARK DESIGN SERVICES FOR MILLENIA PARK P-1
(I`'ORTHEASTERl�' PARK); AND AUTHORIZIIVG THE
MAYOR TO E�ECUTE SAID AGREEMGNT
WHEREAS; on Septe�nber 15, 2009, in accordance with Resolution 2009-226;
the City appro��ed the Eastern Urban Center Parks Agreement between McMillin Otav
Ranch; LLC, a Dela��are limited liability company and the City of Chula Vista; a
California municipal corporation and charter city ("City") for the construction of parks in
a portion of the Otay Ranch Eastern Urban Center; and -_
WHEREAS, SLF IV/McMillin Millenia JV, LLC, the successor to �4c?�4illin Otay
Ranch, LLC (McA4illin) is currently moving forti�ard with Phase 1 of the Millenia project
(formerly t6e Eastern Urban Center). Tl�at phase of development includes the
construction of two turnkey public urba» parks: Park P-1 located at the northeast
quadrant and Park P-4 located at the southeast quadrant of the project; and
VJHEREAS, this Three-Party Agreement is for Landscape Architecture Services
for the design of Park P-1 ���hich is the first of six planned parks to be designed and built
within the Millenia project. The southeastern Park P-4 wil] be the subject of a separate
Request for Proposal (RFP) and agreement with McMillin; and
WHEREAS. Park R1 is 1.97 acres and is to be �located at the intersection of
Stylus Street and Orion Avenue (P and C Streets), sun�oui�ded by residential uses and
adjacent to the main street retai] core; and
R'HEREAS; Park P-1 ���ill be publicly owned and maintained to established City
standards or as may further be defined within the Park Master Plan. In accordanc with
the Parks Agreement, the Ciry and McMillin are to split equally (50% City and 50%
Communit�� Facility District) the costs of inaintainine this public park; and
���IIEREAS, McMillin issued a RFP on June 20, 2013 to a select group of
qualified Landscape Architecture fim�s for development of a Park Master Plan and
Construction Documents: and
VdHEREAS, a total of five firms responded by 3 p.m. on July 19; 2013 (due date).
A panel comprised of representatives of McMillin and the City interviewed the fi��e firms
and based on pre-determined criteria, selected Schmidt Design Group, Inc. as the
preferred consultant; and
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Resolution No.
PaQe 2
� R'HEREAS; Cin- staff is recommendine the selection of Schmidt Desien Group;
Inc., ��ho is qualified to prepaze the Pazk Design because of their prior ���ork preparing
pazk desiens ��ithin the Citv_ the proposed cost. and their l:no��ledee of the project; and
�'HERE.4S; Schmidt Design Group, Inc. represents that thev are staffed in
manner that the�� can provide and deli�er the required sen ices to the Cin �r5thin the
necessarv time frames: and
� �1'HEREAS, pursuant to the terms of this Tluee-Pam� A�eement Schmidt
Design Group, Inc �vill prepare the Park P-I Park A4aster Plan and Construction
Documents and ��ill provide construction administration; Mc\•fillin ���ill manaee the
project and wili be responsible for all costs. with the Citv reviewine and approving all
park documents in accordance ���ith the Pazks 9greement and the Citv`s Landscape
D4anua1 to ensure the pazk satisfies all applicable Cin standards and requirements for
both desien and maintenance: and -
�'�'HEREAS; construction of the park shall be �ia a separa[e contract ���ith
D4cD4illin: and
�V�HEREAS; The Development Sen�ices Director has reviewed the proposed
project for compliance N�ith the Califomia En�ironmental Qualin= Act (CEQA) and has
determined that the project �vas covered in previously adopted Final Second Tier
En��ironmental Impact Report. EIR 07-01.
\�O«'. THEREFORE. BE IT RESOL\'ED that the Cit�� Council of the Cit� of
Chula Vista does hereb}� approved the Three-Party Aereement bet�-een the Citv of Chula
Vista, McD4illin, and Schmidt Desien Group; Inc. for Park Desisn Services for Millenia
Pazk P-1 (Northeastem Park),
BE IT FURTHER RESOLVED. that the Ciri� Council herebv authorizes and
directs the Ma}�or to eaecute said agreement for and on behalf of the Cit�� of Chula Vista.
Presented bv Appro��ed as to form b�
Kell�� Broughton. AICP � Glen . oogms
Development Sen�ices Director ���Citv Attome��
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