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Home My WebLink About2013/10/15 Item 13 � _ ..�:.;�-_. �__ . �,�ji4_-�.-�=;,r=:�-- �i C I TY C O U N C I L ,.:..:: °- -��-�� AGENDA STATEMENT �_�� _ � �-:- `- _..��:,_-..�`�--�'� _ .vr� __ .� � „�� aTV oF CHULA VISfA OCTOBER 1�. 2013. Item i3 ITE�1 TITLE: �SOLUTIOI�T OF THE CITI' COUi��CIL OF THE CITY OF CHULA VISTA APPROVING .A T��'O-PARTY AGREEMENT FOR PROFESSIO\'AL SERVICES WITH E2 A�ANAGETECH, It�'C.; TO PERFORI�4 A PHASE II SITE INVESTIGATION FOR THE PROPERTY LOCATED . AT 1 li0 FIFTH AVEI�'UE AND �6%AIVING THE FORMAL COI�'SULTAI�TT SELECTION PROCESS SUB�IITTED BY: DIRECTOR OF DEV PMENT SERVICES �� ' / REVIEWED BY: CITY MANAGER ASSISTAI�TT CITY � 4AI�'AGER� 4/STHS VOTE: 1'ES � NO � SUi�Ti�4AR1' Staff has prepared a nvo-party agreement for professional sen ices �ti�ith E2 ?�4anaeetech; Inc., to assist in the implementation of the US EPA Communin�-�4'ide Bro�vnfields Assessment Grant. The purpose of the aereement is' to perform a Phase II site investigation (SI) on a property in south��estern Ctiula Vista. Ihe propem� is located at 1130 Fifrh Avenue. The property is currently oH�ned by the Sweetwater Union High School District. The cost for the proposed �=ork is approsimatel�- �65,277. These funds aze an elieible expense under the EPA Bro��nfields erant and ��11 be full}� reimbursed. � E\`�'IRON�'IENTr1L REVIE�i' The Environmental Revie�� Coordinator has re��ieN�ed the proposed amendment for compliance ��ith the Califomia Environmental Quality Act (CEQA) and has determined tt�at the project is e�empt; pursuant to Section 15061(b)(3) of the .State CEQA Guidelines. Thus, no fiu-ther environmental re��ieti�is required. RECOAIMENDATION Council adopt the Resolution. BOARDS/COAZn'lISSION RECOAZMENDATION Not Applicable 13-1 OCTOBER 15, 2013, Item� Page 2 of 3 DISCUSSION E2 Managtech, Inc., has recently completed a contract with the City of Chula Vista on a scope of work for Phase I Environmental Site Assessments (ESAs) for four (4) properties in westem Chula Vista under the Community-wide Brownfields Assessment grant. Tonight`s action would approve a contract with E2 Managtech to complete a Phase II assessment on one (1) of these four sites. Background In May 2008, fhe Chula Vista Redevelopment Agency was awarded a Community-wide Bro�mfields Assessment grant for $400,000 ("GranP'). The purpose of the grant was to inventory, characterize; assess and plan for the cleanup of contaminated properties knowm as "brov��field sites" in southwestem Chula Vista. Shortly following the awazd of the Brownfelds Grant, tl�e Cl�ula Vista Redevelopment Agency selected a consultant to do a community-wide assessment, as well as Phase I and Phase II environmental studies as needed. In April 20li a contract with E2 Managetech was executed to perform Phase I ESAs for four (4) sites, as listed belo��; oNmed by the Sweetwater Union High School District and being considered for redevelopment within westem Chula Vista. The first three sites have begun the entitlement process for development into residential uses; and the property at 461 Moss SVeet will be dedicated as a public park. • 435 Third Avenue • 1116 Fifth Avenue • 610 L Street � � • 461 D�oss Street The purpose of the Phase I ESA is to identify the potential of any contaminants on the property through extensive research on historical uses of the site, previous and current ownership, and kno�m releases in the sunounding azea. The Phase I ESA for Fifrh Avenue indicates the possible presence of petroleum contaminants. The next step is performing a Phase II Site Investigation on the site to verify the presence of any contaminants, determine the characteristics and extent of those elements, and make recommendations for remediation. � Phase II Agreement E2 Managetech is an environmental e�gineering firm that staff is recommending to implement the next step in Brownfields Grant implementation for the property at Fifrh Avenue. The firm will perform a Phase II Site Investigation, identifying, assessing and chazacterizing any contaminated materials that could impact the future use of the site. Scope of l��ork The scope of work includes fhe performance of a Phase II Site Investigation for the subject property. Due to the use of EPA grant funds, the consultant will coordinate closelti� �i�ith the EPA Officer in preparing`a Sampling and Analpsis Plan; and 13-2 OCTOBER 1�, 3013,Item_[3 Paee 3 of 3 follo«�ing through as tbe Phase II progresses. The Phase II is eligible under the EPA Grant, and staff recommends entering into the a�reement to complete the scope of work. Consul�ant Selection Process The E2 Managetech team possesses in-depth experience, skills and other qualifications that aze unique to EPA erants and the strategic challenges of implementins the BroNnfields Proeram. �These qualifications, coupled �vith the recent experience and familiariri� ��th the subject site, make this firm uniquel�� qualified to continue the work and Phase II Site Investioation for the propem�. Therefore; staff «aived the biddin� process for the ne�� contract and is recommending E2 n4anaeetech for the task. DECISION A'L4KER CO\TF'LICT No Properh��ithin 500 feet - Staff has reviewed the propem holdines of the Ciri� Council; and has found no propem� holdings ��thin �00 feet of the boundaries of the property ��hich is the subject of this action. Staff is not independently a«-are, nor has staff been informed b�� an}� Citv Council member, of an�� other fact that ma�� constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL I1IPACT The EPA grant funds aze sufficient to cover the contract costs, and staff has confirmed that the proposed work is elieible under the grant aereement. O\�GOING FISCAL IA'IPACT Not Applicable ATTACHIIENTS Attachment 1 — Resolution Attachment 2 — Scope of��'ork Prepared by: Janice Kluth, Senior Project Coordinator, Development Services 13-3 COUNCIL R�SOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PAR'CY AGREEMENT FOR PROFESSIONAL SERVICES WITH E2 MANAGE TECH, INC., TO PERFORM A PHASE TI SITE INVESTIGATION FOR THE PROPERTY LOCATED AT 1130 FIFTH AVENUE AND WANING THE FORMAL CONSULTANT SELECTION PROCESS WHEREAS; the Chula Vista Redevelopment Agency (RDA) was awarded a $400,000 US EPA Community-wide Brownfields Assessment Grant in May 2008 ("Grant"), and that Grant does not require a match by the City; and WI�EREAS; due to the dissolution of Redevelopment Agencies by the State of Califomia, the EPA transferred the Bro��nfields Grant to the City of Chula Vista; and WHEREAS, staff has prepared a two-party agreement for professional services with E2 Manage Tech, Inc.; ("Agreement ') to assist in the implementation of the US EPA Community- Wide Brownfields Assessment Grant; and WHEREAS, the purpose of the Agreement is to perfonn a Phase II Site Investigation at 1130 Fifth Avenue; and WHEREAS, E2 Manage Tech is uniquely qualified to perform under the Agreement, due to its expertise in the area of EPA grants and implementation of Brownfields Programs and recent experience and familiarity of the subject site, and, as such, it would be impractical to conduct a formal selection process and the City's interests would be materially better served by contracting with E2 Manage Tech as the sole source for providing the services contemplated in the Agreement; and WHEREAS, the cost for the proposed work is approximately $68,277; and WHEREAS, the EPA grant funds are sufficient to cover the contract costs, and staff has confirmed that the proposed work is eligible under the grant agreement. The grant will fully reimburse the fiscal year 2013-14 budget for the Brownfields account; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed amendment for compliance with the California �nviromnenta] Quality Act (CEQA) and has determined that the project is exempt, pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Thus, no further environmental revieti� is required. � J:�.4ttomea\FINAL RESOS AND ORDITANCES\2013U0 15 13\RESO-DSD-E2M'f-JDSM Rev.docx 10/7/2013 3:19 PM 13-4 Resolution No. Paee 2 � NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cih� of Chula Vista, that it: 1. Finds that E2 Manage Tech, Inc. is uniquely qualified to perform under the Agreement, due to its expenise in the area of EPA 2rants and implementation of Bro�mfields Pro�rams and recent experience and familiaritv of the subject site. that it would be impractical to conduct a formal selection process, the Cin�`s interests ��ould be materiallv better sen�ed b�� contractine �i�ith E2 Manage Tech as the sole source for providine the services contemplated in the Aareement; and, as a result the Cih� Council ��ai�res the fortnal selection process for this Agreement; and 2. Approves the Aereement bea��een the Cin� of Chula Vista and E2 D4anaee Tech; Inc., in substantially the form presented; as mati ha��e been modified by the Council prior to its approval and with such minor modifications as mav be required or approved by the City Attorne}�, a copy of�i�hich shall be kept on file in the Office of the City Clerk; authorizes and directs the vlayor to esecute the Aereement. Presented by Approved as to form by �/ � � i 1 Kelly Brouehton en . Crese �s Director of De��elopment Services City�tto � ey � 1:Wnomev�FI�AL RESOS A�\D ORDINANCESL013\10 15 13\RESO-DSD-E2MT-1DSb1 Rev.docs ]0/7/2013 3:19 PM 13-5 ATTACHMENT 2—SCOPE OF WORK Fifth A��enue Scope of Work E2 has prepared the following scope of work to address the RECs at the Site. The scope of the investigation includes soil and soil vapor media. Groundwater conditions are not addressed by this scope of work based on the historicalinformation regarding groundwater depth. Task 1 —Project Management and Coordination E2 will coordinate access and the schedule of field activities between the City, SLJHSD management, personne] at the Site and subco�tractors. This task also includes regular communication with the City to provide updates and progress reports. Task 2— Coordinate EPA Authorization & Preparation and Submittal of SAP E2 will notify the EPA of the proposed Phase ll SI and intent to use a ant funds per the Site Eligibility Form that N�as submitted to the City for review on July 26, 2013 (approved by EPA on August 15, 2013). E2 will prepare a SAP in general accordance with latesY EPA template dated September 2009 and the City's Brownfield Assessment Grant Work Plan. The SAP template requires historical information alone with the proposed scope of work including a quality assurance/quality control plan and a health and safety plan. For the purposes of this cost estimate, we ha��e assumed that the Phase I Report contains adequate background information to meet the SAP template requirements. It is also assumed that, in consideration of the limited field investigation activities, EPA will accept an abbreviated SAP that would not exceed 20 pages. E2 will prepare a draft SAP document that will be submitted to the City for review and approval, H�hich will then be submitted to EPA for approval. E2 will coordinate communications and responses with the EPA to obtain SAP approval. This will ]ikely include revisions to the SAP to address their review comments; and publication of a final version. Task 3—Site Reconnaissance and Utility Clearance E2 will request coordination H�ith SUHSD and/or their i3ST maintenance contractor to mark the locations of product lines and tanks associated with the UST system and the subsurface sump. We also request that plans shoH�ing these features or any Site utilities be provided. E2 will then conduct a Site reconnaissance to mark the proposed boring and sampling locations, and to evaluate the best locations for sampling near the Site features. The reconnaissance will inc]ude fuRher inspection of the wastewater collection tank and the hydraulic lifr equipment located in and around the Transportation Services building to help confirm appropriate sampling depths. The selected drilling contractor may attend the reconnaissance to confirm which types of equipment will be used to access the proposed drilling locations, to check the � surface conditions for whether coring equipment will be required, and confirm that no overhead utility conflicu are present. E2 will also review plans provided by SUHSD or markines shoH�ing the UST s}�stem features. Followine the initial Site reconnaissance and marking of the boring locations, E2 will notify U�derground Service Alert (USA) of the pending drilling activities at least 48 hours before starting work. Additionally, E2 will retain a contractor to conduct a geophysical survey at the Site in order to clear subsurface utilities at the proposed boring locations. To the extent feasible and within the time budgeted for the project the geophysical survey will also provide 13-6 information regardine the dimensions of subsurface features addressed by the Phase ll. Task�—Soil Vapor Sun�e�� E2 will conduct a soil ��apor sun�e��to screen the subsurface for��olatile oroanic compounds (VOCs) and to address conditions noted in the Phase I includine the UST s��stem (RECs 1 and 2), various current and historical hazardous materials and waste storage (RECs 3 and 4), the svip drains and other fearures in the Transportation buildine(REC 6); and the �vash rack and �vaste�i�ater collection tank (REC 7). Additional locations will be distributed across the propem to address site conditions; and to pro��ide further covera�e of the proposed residential construction. Fifreen soil borings will be advanced using a truck-mounted Strataprobe direct push rig. to total depths of fifreen feet beloH� eround surface (ft bes). or refusal; and com�erted to dual-nested soil vapor probes at depths of� and 1� ft bgs. Soil ��apor samples ��ill be anahzed by a mobile laborator��on Site. GroundH�ater is not expected to be encountered at this depth. Soil vapor sample analysis will include 38 soil ��apor samples from 1� probes screened at 2 depths (30 priman�, � duplicates and 4 Purge Volume Samples) for VOCs by EPA Method 8260. Tasl:�—Soil Sampling E2 H�ill conduct soil sampline at 14 locations. The soil borines H�ill be ad��anced usine a truck- mounted Strataprobe direct push rie to the tareeted depths. The followine sampling depths and anah2ical testing are proposed and may be adjusted based upon information obtained during the Site reconnaissance and the re��iew of additional historical records. 1. Residual contamination associated ��ith historical UST and dispensers based on the proposed chanae to residential land use. • Three borines around the present day UST system, ��ith samples collected at depths of 10. 1�. and 19 feet bgs (or refusal), or as needed based on obsen�ation of soi] conditions. Samples will be anah2ed for total petroleum hydrocarbons-cazbon chain C4-C40 (TPH-cc) by EPA method 801�. • Soil vapor sampling is planned in the three borings at � and 1� feet bgs. 2. Althoush there are no significant releases currently known from the eaisting USTs and dispensing s}•stem, it is possible that releases have occurred. Apparent leakine around the fuel dispensers; and leakaee from an AST on one of the dispenser islands, are some areas that �+�arrant further in��estieation. • Two borines at the fuel dispenser islands; ��ith samples collected at 2, 5, and 10 feet bgs (or refusal); or as needed based on field conditions. Samples will be anal��zed for TPH-cc bv EPA method 801�m. 3. The Site reconnaissance. combined ��ith revie�r of asencv files and historical records. show a lone history of hazardous material/waste use and stora�e. Obsen�ations of leakine containers; and regulaton� aeency violations suggest that unauthorized releases ha��e 13-7 happened at various locations throughout the Site. • Two borines will be placed near staining observed on the outside of the above2round oil storage; with samples collected at depths of 2 and 4 feet bgs. Samples will be analyzed for TPH-cc by EPA method 8015 and CAM metals by EPA method 6000/7000 series • No other specific soil or soil vapor samples planned for this REC. 4. The storaee of PCE w�aste in the small engine shop, and the historical use of this area as a machine shop, suggests historical use of VOCs. • No specific soil samples planned for this REC. Soil vapor sampling is planned in three borines at 5 and I S feet bgs. 5. Imground hydraulic ]ifrs, reservoirs, and associated trenches in the Service Bays of the Transportation buildi�g. • Six borings with samples collected at ]0 and 15 feet bgs, or adjusted as needed based on the depth of the lifrs. Two additional borings with samples collected at 2 and 4 feet bgs in areas N�here hydraulic reservoirs or supply lines may be located. Samples will be analyzed for TPH-cc by EPA method 8015m. • Soil vapor sampling is planned in three borings at 5 and 15 feet bgs. 6. Strip drains with staining, and the unknown drainage destination in the Service Bays of the Transportation buildine. 7. No specific soi] or soil vapor samples are planned for this REC; however soil and soil vapor samples collected in the vicinity for REC 5 are in the same footprint as REC 6.The wash rack area and wastewater collection tank located west of the Transportation buildine. • Two borings with samples collected at 5, 10; and 15 feet bgs (to include samples below the collection tank invert). Samples will be analyzed for TPH-cc by EPA method 8015, VOCs by EPA method 8260B, and CAM metals by EPA method 6000/7000 series. • Soil ��apor samplin� is planned in one borin� at 5 and 15 feet bgs. Ten additional sample analyses have been budgeted for VOCs, metals, PCBs and SVOCs based on results of field findings and primary analytical results. � During the drilling and samplin2 activities; boring logs will be prepared by field personnel in accordance with the Uniform Soil Classification System. Soil samples will be field screened for VOCs using a photoionization detector. Afrer the soil and soil vapor samples have been 13-8 collected. each borehole will be backfilled H�ith a h}�drated bentonite pellets a�d the �ound surface H�ill be repaired to match the existing surface. In��estieation Derived �Vaste including soil cuttines and decontamination ��ater�vill be containerized in Department of Transportation appro��ed drums pendine disposaL The cost summan'has budoeted for one soil sample to be anal�zed for waste disposal characterization purposes. Task 6—Repori Preparation . E2 will prepare a Phase II SI report summarizine the subsurface investieation. 7-he Phase II report will pro��ide a brief background summarv of the site; document the field activities that were completed; describe the results of the anah2ical testing and provide our 5ndinss and condusions. Tabies and figures will be used to detail the borine locations and anahtical results. Borine logs �ti�ill be prepared and provided as an appendix in the Phase II report. Detected concenffations of contaminants of concern ��ill be compared to published"health-based screeninQ levels; or waste criteria, as aaailable. The scope of the report does not indude site-specific health risk assessment or calculations. A drafr copy of the Phase II SI report��ill be pro��ided to the City dieitallv for its review and comment. Upon receivine comments from the Cirv, a 5nal Phase II SI report w�ill be prepared. Two hard copies and one digital copy of the final report will be submitted to the City. EPA is not anticipated to review and/or comment on the draft of final Phase II SI report. It is assumed that EPA ��ill accept a PDF ��ersion of the report submitted electronicall��. 13-9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COLINCIL '`\ � 1 : � , � ( ; 1 '�-Gleri �. G� ins � � Cit� At orney ✓� Dated: � AGREEMENT BETWEEN THE CITY OF CHULA VISTA and ES MANAGETECH, INC. TO PREPARE A PHASE II ENVIRONMENTAL SITE INVESTIGATION (SI) FOR A PROPERTY IN THE CITY OF CI�[JLA VISTA 13-10 � Agreement betc��een Ciri' of Chula Vista and E2 ��anagetech, Inc., To Prepare a Phase II En�-ironmental Site In��esri�ation (Sn for a Propert�' in the Cit�- of Chula V'ista This a�eement (A�eement), effective , is between thz Citv-related entity ��hose name and business form is indicated on Exhibit A, Pazasraph 2, (Citv), and the entity ��hose name; business form; place of business and telephone numbers are indicated on E}:hibit A, Paragraphs � throu�h 6; (Consultant), and is made �;�th reference to the follo��in2 facts: � RECIT.�.LS _ �VHEREAS, the City of Chula Vista is the recipient of a Broti�ifields Assessment Grant a erant from the liS En�uonmental Protection AQency (EPA) to identif�� brow-nfield sites in �iestem Chula Vista: and �V�REAS, using EPA Brownfields grant funds; a Phase I en�ironmental site assessment (ESA) �i�as completed by E2 ManaeeTech for the propenv o�i�ned b�� the S�3�eern�atzr Union Hish School District on Fifth A�enue in the erant area: and «'HEREAS; the Phase I ESA for this property identified Recognized Environmental Conditions (RECs) and recommended further evalutation; and �'1'I�REAS, E2 ManaseTech has prepared a proposal to perform a Phase II environmental site investieation (SI) on the District propert�� referenced above; and �VHEREAS, as a result of E2 Manage Tech's unique performance capabilities; it would be impractical to conduct a formal selection process and the Citv's interests w=ould be materiallv better sen ed b��a�vazdins the contract to E2 I�4anase Tech as the solz source foi providina this service. Accordin�l��, Cit�� staff recouunends that the City Council �oaive the formal selection process with respect to this contract;' and - �VI�REAS, Consultant �ti�arranu and represents that it is experienced and staffed in a - manner such that it can deli��er the sen•ices required of Consultant to City in accordance �i-ith the time &ames and the terms and conditions of this Aereement. [Eod of Recitals. \'eit Page Starts Obligator} Pro�•isioos.] Pase 1 Two Pam�A�reement Between t6e Gn�of Chu(a h'csta and E?:ifuna�e Tech�o Prepare a Ph¢se I/SI v z m CO\TSliLT ?,GR- DSD - EZ\-iT 13-11 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually aeree as follo„�s: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTAI�'T'S OBLIGATIONS A. General ' 1. General Duties. Consultant shall perform all of the services described on E�ibit A, Paraeraph 7 (General Duties). 2. Scope of A'ork and Schedule. In performing and delivering the General Duties; Consultant shall also perform the services, and deliver to City tbe "Deliverables" described in E�ibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8; time beine of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Vdork and Schedule shall be referred to as the "Defined Services.'' Failure to complete the Defined Services by the times indicated does not, except at the option of the � City, terminate this Agreement. a. Reducrions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a conesponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a tune and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Pazagraph 10(C); unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standazd of Care. The Consultant expressly ��arrants that the work to be performed pursuant to this. Agreement, wbether Defined Services or Additional Services, shall be performed in accordance with the standazd of care ordinarily exercised by members of the profession cunently practicing under similar conditions and in similaz locations. a. No W'aiver of Standard of Care. Where approval by City is requued, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standazds, and liability for damages caused by neeligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Pa�e 2 Two Parry Agreement Between[he Cin•ajCfwfa VLrta and E2 D4mmge Tech m Prepare a Phase II SI z arr CONSliLT AGR - DSD - E2MT 13-12 B. Applicatioo of Laws. Should a federal or state law pre-empt a local la�+�, or reeulation; the Consultant must comply N�ith the federal or state law and implementine regulations. No pro�rision of this 9�eement requires the Consultant to obsen�e or enforce compliance with anv provision, pzrform an�� other act, or do anv other thino in contrarention of federal. state. territorial; or local la��; rewiation; or ordinance. If compliance �;-ith anv provision of this A�eement violates or would require the Consultant to violate any law; the Consultant a�ees to notify Cin immediately in ��riting. Should this occur; the Cin� and the Consultant aQree that the}� �rill make appropriate arranQements to proceed ��-ith or, if necessary, amend or teiminate this A�reement, or portions of it, expeditiousl}�. 1. Subconuactors. Consultant aerees to take appropriate measures necessarv to ensure that all participants utilized b}� the Consultant to complete its oblisations under this �greement; such as subcontractors, comply with all applicable�laws; reeulations; ordinances. and policies, ��hether federaL state; or local; affectine Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Ageement; the Consultant shall ensure that the subcontractor carries out the Consultanrs responsibilities as set forrh in this A�eemeut. C. Insurance 1. General. Consuitant must procure and maintain, during the period of performance of this ?.ereement and for tw�eh e months after completion, policies of insurance from insurance companies to protect aeainst ciaims for injuries to persons or damaees to property that ma�� arise from or in connection �i ith the performance of the work under this Agreement and the results of that �rork bv the Consultant; his agents; representatives; employees or subcontractors, and provide documentation of same prior to commencement of�vork. " 2. ?�4inimum Scope of Insurance. Coveraoe must be at least as broad as: a. CGL. Insurance Senices Office Commercial General Liability coveraQe (occurrence Form CG0001). b..4uto. Insurance Sen•ices Office Form \TUmber CA 0001 coverine Automobile Liabiliri�, Code 1 (any auto). c.[��C. �4%orkers` Compensation insurance as required bv the State of Califomia and Employers Liability Insurance. d.E&O. Professional Liability or Errors R Omissions Liability insurance appropriate to the Consultant's profession. :�rchitecu` and En�ineers' coveraoe is to be endorsed to include contractual liabilirv. ;. \4inimum Limits of Insurance. Consultant must maintain limits no less than those included in the table belo�i: Paee 3 Two Pam Agreement Brtween rhe Cin•ojChula {'um and E?Afana�e Tech ro Prepare a PHase I!S! V zr,v CO\�SliLT AGR - DSD - E2?�4T 13-13 i. General Liabiliri�: $1;000,000 per occurrence for bodily injury, personal injury; (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply sepazately to this completed ProjecUlocation or the general aggregate limit must be twice the operations, as required occurrence limit. a licable) ii. Automobile $1;000;000 per accident for bodily injury, including death, and Liability: property damage. iii. �T✓orkers� Statutory Compensation $1,000_000 each accident Employer's $1,000,000 disease-policy limit Liability: $1;000,000 disease-each em loyee iv. Professional $1,000,000 each occurrence _ Liability or Errors � & Omissions Liabilitv: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations claun administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate; the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers aze to be named as additional insureds with respect to all policies of insurance, includin2 those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising ouf of work or operations performed by or on behalf of the Consultant; including providing materials, parts or equipment furnished in connection with such work or operations. The general liabiliry additional insured covera�e must be provided in the form of an endorsement to the Consultant's insurance using ISO CG ?O10 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Consultant's General Liability insurance coverage must be primazy insurance as it pertains to the City, its officers, officials, employees, agents; and volunteers. Any insurance or self-insurance maintained by the City, its officers, o�cials, employees, or volunteers is wholly separate from the insurance of the PaQe 4 Two P¢m Agreement Berweert d�e Ciq�ojChula !�'um and E3 Manav e Teeh to Prepare u Phase/I SI � zrrY CONSULT AGR - DSD - E2MT 13-14 Consultant and in no wav relieees the Consultant from its responsibiliri� to provide insurance. c. Cancellation. The insurance policies required bv this 9�eement shaii not be canceled by either pam�, except afrer thirt}� days` prior written notice to the Ciry bv cer[ified mail; reriun receipt requested. The �ti�ords "�2ll endeavor' and "but failure to mail such notice shall impose no obli�ation or liability of anv kind upon the compan�, iu agents: or representatires ' shall be deleted from all certificates. d. Active ��egligence. Coverage shall not extend to an�� indemnitv co��eraee for the acti��e neslieence of the additional insureds in any case where an agreement to indemnifi• the additional insured ��ould be invalid under Subdi��ision (b) of Section 2782 of the Civil Code. e. i�%aiver ofSubrogation. Consultant`s insurer �vill pro�ide a ��jaiver of SubroQation in favor of the City for each required policy providine co�zrage for the term requued by this Aereement. 6. Claims Forms. If General Liabilirv; Pollution and/or Asbestos Pollution Liabilin and/or Errors & Omissions coverase aze wTitten on a ciaims-made form: a. Retro Date. The "Retro Date ' must be shonm, and must be beforz the daie of the Agreement or the beginning of the Nrork required by the A�reement. b. Maintenonce and EYidence. Insurance must be maintained and e��idence of insurance must be provided for at least five yeazs after completion of the work required by the Aereement. c. Cancellation. If coverase is canceled or non-rene�-ed; and not replaced w�ith another claims-made polic�� form �vith a "Retro Date ' prior to the effective date of the Agreement_ the Consultant must purchase "extended reponina ' coverase for a muumum of five }•ears afrer completion of the work requued by the=Aareement. d. Copies. A copy of the claims reporting requirements must be submitted to [be Ciry for revie�v. 7. 9cceptabilirv of Insurers. Insurance is to be placed with licensed insurers admittzd to transact business in the State of Califomia �;�ith a current a.M. Best's ratin2 of no less than A V. If insurance is placed «2th a surplus lines insurer. insurer must be listed on the State of Califomia List of Elieible Surplus Lines Insurers (LESLI) «•ith a current A.D4. Best's ratina of no less than A X. Exception may be made for the State Compensation Fund when not specificallv rated. 8. V'erification of Co��era�e. Consultant shall furnish the Cin �vith orieinal certificates and amendaton endorsements effectine coveraee rzquired b� Section I.C. of this A�eement. The endorsements should be on insurance industrv forms, provided those endorsemenu ' Paee � Tw�o Parry�Agreement Beneeen the Cu}�ajChu[a Pcsre and E1 Afanage Tech to Prepare a Phase II S/ � �pn� CONSULT AGR - DSD - E2?�4T 13-15 or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies including endorsements evidencing tbe coverage required by these specifications. 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or fumish separate certificates and endorsements for each subconsultant. All coverase for subconsultants is subject to all of the requirements included in these specifications. 10. Not a L'unitation of Other Oblieations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this A�reement; includine Indemnirv. V D. Securitv for Performance I. Performance Bond. In the event that Exhibit A, at Paragraph 18, i�dicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparaa aph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Pazagraph 18, in the form prescribed by the City and by such sureties which aze authorized to transact such business in the State of Califomia. listed as approved by the United S[ates Departrnent of Treasury Circular 570; http://www.fms.treas.�ov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 99�.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agenYS authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Ri'sk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicafes the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space unmediately preceding the subparagrapl-i entitled "Letter of CrediP`), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the Ciry Manaoer, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attomey which amount is indicated in the space adjacent to the term; "Letter of Credit," in Exhibit A, Para2raph 18. 3. Other Securitv. In the event that E�ibit A, at Pazagraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by . a check mazk in the parenthetical space immediafely preceding the subparagraph entitled "Other Security'), then Consultant shall provide to the City such Page 6 Two Parry A�reemen(Ben✓een Uie Cip'ojCHula ISstu and E?Manae e Teeh to Ptepare a P/ra.ce!!SI �prr CONSULT AGR - DSD - E2MT 13-16 other securin therein listed in a form and amount satisfactory to the Risk DZanagzr or Cin Attornev. E: Business License. Consultant a�ees to obtain a business license from the Cirv and to otherwise comply ��ith Title � of the Chula V'ista�•funicipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. Cin� shall reeularlv consult the Consultant for the purpose of reviewins the progress of the Defined Services and Schedule, and to proc ide direction and euidance to achieve the objectives of this Aereement. The Cirv shall allow Consultant access to iu office facilities, files and records, as deemed necessan and appropriate by the City, throuohout the term of this A�reement. In addition; Cit�� agrees to pro�°ide the materials identified at Exhibit A, Paza�raph 9; N�th the understandine �at dela}� in the provision of those materials beyond thim davs after authorization to proceed; shall constirute a basis for the justifiable delav in the ConsultanYs performance. B. Compensation. 1. Follo�;�ine Receiot of Billine. lipon receipt of a properh- prepared bill from Consultant submitted to the City as indicated in Ea:hibit A. Pazaeraph 17; but in no event more frequently than monthly; on the da�� of the period indicated in Exhibit A; Pazaeraph 17; Cin shall compensate Consultant for all services rendered b�� Consultant accordina to the terms and conditions set forth in E�:hibit A; Pazaaraph 10, adjacent to the oovemino compensation relationship indicated bv a "checkmark" next to the appropriate arransement; subject to the requirements for retention set forth in Paragraph 18 of E�ibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Pazaaraph 11. 2. Supoortina Information. Anv billine submitted bv Consultant shall contain sufficient information as to the proprien- of the billing, including properly executed payrolls, time records, invoices. contracts; or �ouchers describing in detail the nature of the chazgzs to the Project in order to pemvt the City to e�aluate that the amount due and pavable is proper; and such billine shail speci5cally contain the Cih's account number indicated on Exhibit A; Para�raph 17(C) to be chazeed upon makine such payment. 3. Esclusions. In detemunine the amount of thz compensation Cit�� «ill ezclude an� cost I) incurred prior to the effecti�e date of this Aereemenr, or 2) arisins out of or related to the errors, omissions; neQlieence or acts of ��illful misconduct of the Consultant, iu agents, emplo��ees, or subcontractors. a. Errors and Omissions. In the event that the Cit� Administrator determines that the Consultant's neelieence; errors_ or omissions in the performance of �vork under this A�reement has resulted in expense to Cirv. greater than ��ould ha��z resulted if there were no such neelisence. errors. omissions. Consultant shall reimburse City for an� additional expenses incurred by the Cirv. \othing in this ` Pase 7 Two Purt}�.4�reement Baween the Cin�of Chuln Dism and E1 Aforta�e Tech ta Prepare a Ph¢se/I SI � V zrn CONSULT AGR - DSD - E2NiT 13-17 pazagraph is intended to limit City's rights under other provisions of this Agreement. 4. Pa�Rnent I�'ot Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the tenns of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to retum any funds due City as a result of later refw�ds, corrections, or other sunilar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are o��ed to City, whether for excess payments or disallowed costs, the Consultant a�rees to remit to City promptly the amounts owed; including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultaut 1. Consultant is Desi�nated as an FPPC Filer. If Consultant is designated on Exhibit A, Pazagraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions; and shall report economic interests to the City Cler�C on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of E�ibit A; or if none aze specified, then as detemiined by the City Attomey. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmenta] decision in which Consultant knows or has reason to know Consultant has a financia] interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has dilisently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. Pa�e 8 Two Partv Agreemercr Benveen rhe Cit��of Chula �sta m�d£3 Manage Teel�to Prepare a Please 17 S! zrrY CONSULT AGR - DSD - E2MT 13-18 4. Promise Not to Acquire Conflictine Interests. Regardiess of ��hether Consultant is designated as an FPPC Filer; Consultant fiuther w�arrants and represenu that Consultant «ill not acquire; obtain, or assume an economic interest durins tt�e term of this Aereement��hich would constitute a conflict of interest as prohibited bs�the Fair Political Practices Act. �. Durv to 3d��ise of Conflictine Interests. Re2azdless of��bether Consultant is desi�ated as an FPPC Filer, Consultant fiir[her �varrants and represents that Consultant �i�ill immediately advise the Cin� Attomey if Consultant leams of an economic interest of Consultant's that ma}- result in a conflict of interest for the purpose of the Fair Political Practices Act, and re�ulations promul�ated thereunder. 6. �ecific �V'arranties Aeainst Economic Interests. Consultant warrants; represents and asrees that: a. Neither Consultant, nor Consultant's immediate famih members. nor ConsultanPs employees or agents (Consultant Associates) presently�have anv interest; d'uectl}• or induectly, «�hauoei er in any property �3'hich mav be the subject matter of the Defined Services, or in any propem� within 2 radial miles from the exterior boundaries of anv propem� �;�hich may be the subject matter of the Defined Services; (Prohibited Interest), other than as listed in E�ibit A; Para�raph 14. b. No promise of futurz emplo«nent, remuneration, consideration, oraruin- or other reward or sain has been made to Consultant or Consultant Associates in connection �iith Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that mav be made durina the Term of this AQreement, or for tweh e months thereafter. c. Consultant Associates shall not acquue any such Piohibited Interest w�ithin the Term of this A�eement, or for nvel�=e months'afrer the expiration�of this Agreement; except�tiith the written permission of City. d. Consultant may not conduct or solicit an�� business for an�� pam� to this Agreement; or for anv third partv that ma�� be in conflict with Consultant's responsibilities under this Agreement; except �vith the written permission of Cin�. IV. LIQUIDATED DA.vfAGES A. .�,pplication of Section. The provisions of this section appl�� if a Liquidated Dama�es Rate is provided in Exhibit A, Paragraph 13. 1. Estimatins DamaQes. It is acl:no«ledsed b}� both parties that time is of the essence in the completion of this Aereement. It is difficult to estunate the amount of damaQes resultine from dela}� in performance. T1�e parties have used their judoment to arri��e at a reasonable aznommt to compensate for delav. Paae 9 T»•o Parry�.4�reement Sencem the Grv of Chu[a Ptria and E?.Mann�e Tech ro Prepa�e a Ph¢se II SI v zPrv CO\TStiLT AGR - DSD - EZ?�4T 13-19 2. Amount of Penaltv. Failure to complete the Defined Services within the allotted time period specified in this Aereement shall result in the following penalt}�: For each consecutive calendaz day in excess of the time specified for the completion of the respective work assigrunent or Deliverable, the Consultant shall pay to the City, or have withheld from monies due; the sum of Liquidated Damages Rate provided in Exhibit A, Para�-aph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockoufs, labor disputes, unusual govemmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City; Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or desi�nee, in writing of that fact ��thin ten calendaz days after the beginning of any such clauned delay. Extensions of time �vill not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the pro�ress of the work. ARTICLE V. INDEMNIFICATION A. Defense, Iodemnity, and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A.2., Consultant shall defend, indemnify; protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims; demands, causes of action, costs, expenses, liability, loss, dama�e or injury, in law or equity, to property or persons, including ��ongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence; or willful misconduct of Consultant, its officials, officers, emplovees; a�ents, and contractors; azising out of or in connection with'the performance of the Defined Services or this Agreement. This indemnity provision does not include any daims, damages, liability, costs and expenses (including without ]imitations, attomeys fees) arising from the sole nesligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liabilit�� arising from, connected with, caused by or claimed to be caused by the active or passive ne�igent acts or omissions of the City, its aeents, officers, or employees which may be in combination with the active or passive negligent aas or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Desim Professional Services. If Consultant provides design professional services; as defined by Califomia Civil Code section 2782.5, as may be amended from time to tune, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action; costs, expenses, liability, loss, damage or injury, in ]aw or equity, to property or persons, including wrongful death; in any manner arising out of, pertaining to, or relatina to the neeligence; recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents; consultants, and contractors arising out of or in connection with the Page 10 Two Parh-Agreement Between the Cim ojChula Vrsia and E?Manage Tech to Prepare a Phase/I SI �rrr CONSULT AGR- DSD - E2MT 13-20 performance of Consultant's sen ices. Consultant's dun� to defend; indemnifi, and hold harmless shall not include an�� claims or liabilities azisinQ from tbe sole neglieence, active nzelisence or �i�illful misconduct of the Cin-, its aQents, officers or employees. This section in no ��a�� alters; affects or modifies the Consultant's obli�ations and duties under this Ageement. � � 1. Costs of Defense and A�a�azd. Included in the obligations in Sections A.1 and A.2. abo��e. is the Consultanrs oblioation to defend, at Consultanrs o«n cost, espense and risk; an� and all suits, actions or other legal proceedines, that ma�� be broueht or instituted asainst the Cin�; iu directors. officials; officers, employees, agents and/or ��olunteers; subject to the limitations in Sections A.1. and A.Z. Consultant shall pay and satisfy an� judgment, award or decree that mav be rendered aeainst Cin or its duectors, officials, officers, zmplo}�ees; aeenu and/or volunteers, for anv and all related legal expenses and cosu incurred bv each of them; subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Consultanrs oblieation to indemnifi� shall not be restricted to insurance proceeds; if an��; received bv the City; its directors; officials; officers. employees; a�ents; and/or volunteers. �. Declazations. Consultanrs obligations under �-ticle V' shall not be limited bv any prior or subsequent declazation bv the Consultant. 6. Enforcement Costs. Consultant a�ees to pa�� any and all costs Cin incurs enforcinQ the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's oblioations under P.rticle V shall survive the termination of this Aareement. ` ARTICLE VI. TERI�4INATION OF AGREE\4ENT A. Termination for Cause. If. throuah anv cause. Consultant shall fail to fulfill in a timeh� and proper manner Consultant's oblioations.under this Agreement; or if Consultant shall violate an� of the co�enants; a�reemenu or stipulations of this AQreement; City shall have the riQht to terminate this A�eement bv ¢ivina ��ritten notice to Consultant of such termination and specif}�ing the effective date thereof at least five (5) da��s before the effecti��e date of such termination. In that e�ent, all finished or unfuushed documents. data. srudies, surve�s. dra�2nss, maps; reports and other materials prepazed b�� Consultant shall, at the option of the Cin�, become the properri� of the Cin�, and Consultant shall be entitled to receive just and equitable compensation; in an amount not to exceed that pa�-able under this Aoreement and less any dama�es caused Cin� by Consultant's breach; for an�� work satisfactorih° completed on such documents and other materials up to the effective date ofNotice oFTermination. B. Termination of?��reement for Con��enience.of City. Cit�� mav ternunate this A�eement at an�� time and for anv reason; bv. si�ing specific �aritten notice to Consultant of such termination and specifi�in� the effective date thereof at least thirty (30) da��s before the effective date of such termination. In that e��ent. all fuushed and unfuushed documents and Paae 11 7wo Pam Agreement Ba�.�eert the Ciry of Chuln VEttn and E2 Afana�e Jech to Prepare a Phase II S/ y zr�-s� CONSULT:�GR - DSD - E2?�4T 13-21 other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the A�eement is ternunated by City as provided in this paragraph, Consultant shall.be entitled to receive just and equitable compensation, in an amount not to exceed that pa}�able under this Agreement, for any satisfactory wark completed on such documents and other materials to the effective date of such termination. Consultant hereby expressl} �i�aives any and all claims for damages or compensation arisins under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. Durin� the course of the Project and for three (3) years followin� completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts; and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request; to inspect all Project work, materials, payrolls; and other data, and to audit the books, records, and accounts of the Contractor and its subconYractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reportin� and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant aa ees to submiY a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project; and either forwazds the final payment or aclaiowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate anv continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assi2n any interest in this Agreement; and shall not transfer any interest in the same (whether by assi�nment or notation), without prior written consent of City. PaQe 12 Two Parn�Agreemertt Between the Ciry•of Chu/a IQsta and E?D9axage Tech to Prepare a Plrase!/SI ' ��Y covsuLT aGR - �s� - EzMT 13-22 1. Limited Consent. Citv hereb�� consenu to the assiQnment of the portions of the Defined Services identified in ExYubit A, Para�aph 16 to the subconsultanu identified as "Permitted Subconsultanu.° B. O«�uership, Publication, Reproductioo and tise of DZaterial. All repons; studies, information; data, statistics; forms, designs; plans; procedures; svstems and an�� other materials or propenies produced under this A�reement shall be the sole and exclusive property of City. \'o such materials or propenies produced in ��hole or in part under this . Aareement shall be subject to pmate use; copyriahts or patent rights b}� Consultant in the tinited States or in anv other country ��ithout the express �-ritten consent of Cin�. Ciry shall have unrestricted authority to publish, disclose (e�cept as ma� be lunited bv the provisions of the Public Records Act), distribute; and othernise use; cop}�right or patent in ��hole or in part, any such reports; studies, data, statistics forms or other materials or propenies produced under this Aareement. C. Independent Contractor. Cih is interested onl} in the results obtained and Consultant shall perform as an independent convactor ��ith sole control of the manner and means of performing the services requued under this Agreement. Cit}� maintains the rieht only to reject or accept Consultant's work products. Consultant and an}' of the ConsultanPs aeents; employees or representatives aze, for all purposes under this Agreement; independent conu�actors and shall not be deemed to be employees of Cin. and none of them shall be entitled to an�- benefits to «�hich City emplo��ees are entitled includine but not limited to, ovzrtime, retirement benefits, «orker's compensation benefits, injury leave or other leavz benefits. Therefore, Ciri� �vill not «�ithhold state or federal income tax; social securitv tah or any other payroll taY, and Consultant shall be solely responsible for the payment of same and shall hold the CiN hannless with reeard to them. 1. Actions on Behalf of Ciri°. Except as City may specif�� in �;Titino, Consultant shall have no authorit�; express or unplied; to act on behalf of Cit�° in anv capaciri whatsoever. as an agent or othenvise. Consultant shall have no authorin°; eXpress or unplied, to bind City or its members; a�ents, or emplo��ees; to anv obligation«hatsoever; unless expressiy provided in this Agreement. 2. \o Obli�ations to Third Parties. In connection ��=ith the Project, Consultant agrees and shall requue that its asents, emplo��ees; subcontractors a�ee that Cim shall not be responsible for any oblieations or liabilities to anv third party, includine its. aQents; employees, subcontractors, or other person or entity that is not a party to this Aareement. \otwithstandine that Cir. may have concurred in or approved anv solicitation; subagreement or third pam• contract at anq tier, Ciq� shall have no obliQation or liabilitv to any person or entity not a party to this Aoreement. D. Administrati�'e Claims Requiremeots and Procedures. \o suit or azbitration shall be brought arisine out of this Agreement, against Cirv unless a claim has fust been presented in �i-ritine and filed �vith Cin= and acted upon b}� City in accordance uith the procedures set fonh in Chapter 134 of the Chula V"ista A•iunicipal Code, as same may from tune to time be amended; the provisions of which are incorporated by this reference as if fully set forth Paee 13 Tuo Pam•A�reement Benaeen the Ciry ojChuln !%crta and E?Mana�e Tech�o Prepare n Phasell SI � zr:� CO\SliLT AGR- DSD = E2LfT 13-23 herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolvine any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on E�chibit A; Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied w�ith all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attomeys' fees and court costs incuned. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief soueht. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document; a statement of the numbers and cost in dollaz amounts of all contracts and subcontracts relating to the prepazation of the report or document. I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Pazagraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of Califomia or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices; demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with retum receipt requested; at the addresses identified in this Ab eement as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understandina between the parties relatine to the subject matter hereof. Neither this A�reement nor any provision of it may be amended, modified, �i�aived or discharged except by an instnunent in ��riting eaecuted by the party a�ainst which enforcement of such aznendment, waiver or dischazge is sought. L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has leeal authority and capacity and direction from its principal to enter into this Agreement; and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. Paee 14 Two Parry�Agreement Between the Cin'of CNula Vsm and E2 Manage Tech(o Prepare u P/mse 77 SI zrrr CONSliLT AGR - DSD - E2MT 13-24 I�4. Gocerning La��/��eoue. This Aareement shall be eovemed bv and construed in accordance �;�ith the la��s of the State of Califomia. An�� action arisine under or relatine to this Agreement shall be brousht onl�� in the federal or state courts located in San DieQo Count}=, State of Califomiz and if applicable, the Cin� of Chula \%ista; or as close thereto as possible. Venue for this .Aareement; and performance under it, shall be the Cin of Chula Vista. (End of pa�e. Next page is signature pane.) Paoz 1� Tx•o Parry.dgreement Benoeen the Cry�ojChula 1•'uta and E?:Narsage Te[h to Prepare a Ph¢se 7!5/ � 2rrr CO\SULT AGR- DSD - E2�4T 13-25 i I � Signature Page ; to j Agreement bet��een ! City of Chula Vista j and I �2 Manage Tech, To Prepare a Phase II Environmental Site Investigation {Sn for � a Property in fhe City> of Chula Vista IN WITNESS WHEREOF, CiTy and Consultant have executed this A�reement, � indicating that they have read and understood same, and indicate their full and complete consent i to its terms: City of Chu1a Vista _ ( I By: I Cheryl Cox Mayor Attest: J � I i � Donnalloiris, City Clerk ; � i Approved as to foim: i . I f Gien R. Googins, City Attorney ! E2 Managetech,Inc. � B � Julie Moe-Reynolds Chief Financial Officer � I i Exhibit List to Agreement: Exhibit A � Eahibit B I I Page 16 � Tivo Pnrty Agreeueen!Brlrveeri tLe Ciry ofQmlrt�stn m�d C2 Mannge Tec%ro Prepme n Plense II SI � I, zerr CONSUL,T AGR-DSD -E2MT i 13-26 i Eshibit� to Agreement bericeen Ciri' of Chula Vista and EZ �4aoaaetech, Inc. 1. Effective Date: The Agreement shall take effect upon full execution of the Aereement; as of the effective dafe stated on paQe 1 of the 9�eement. 2. Ciri'-Related Entiri: (k� Cin� of Chula Vista; a municipal chartered corporation of the State of Califomia O The Chula V"ista Public Financina Authoriry; a O I1�e Chula V"ista Industrial Development Authorih, a ( ) Other: , a [inaert business form] (Cit�) 3. Place of Business for City: Cirv of Chula Vista 276 Fourth A�enue Chula Vista. CA 91910 ` 4. Consultant: E2 lianagetech, Inc. �. Business Form of Consultant: ( ) So]e.Proprietorship ( ) Partnership (x) Corporation 6. Piace of Business; Telephone and F� Number of Consulfant: 12396 �4'orld Trade Dri��e, Suite 314 San Diego, CA 92128 (858) 217-5305 (858) 217-5310 faz E-mail: dhernandez@e2managetech.com Pase I i Tx�o Pam�.4��eement Bmceert the Ciry of Chu(n {�ism and EI Mang e Teth to P�epare o Ph¢se II SI - v z� CO\SULT AGR - DSD - E2D4T 13-27 7. General Duties: Consultant shall prepare a Phase II Environmental Site Investigation (SI) for the following property (Derailed property information is provided in Exhibit B): 1. Fifth Avenue - The Site consists of"T"-shaped area with approxunately 860 feet of frontage along Fifth Avenue, between Naples Street to the north and Oxford Street to the south. The parcels are identified by Assessor's Pazcel I�TUmbers (API�TS) 618-210-27-00 and 618-210-67-00. 8. Scope of Work and Schedule: A. Detailed Scope of Work: E2 shall perform a Phase II Environmental Sife Investigation (SI) for the properry listed above in Section 7. The purpose of the Site Investigation will be to evaluate the RECs identified in the Phase I environmental assessment and their pofential impacts for fuhue redevelopment of the Site. Fifth Avenue Scope of V1'ork E2 has prepared the following scope of work to address the RECs at the Site. The scope of the investigation includes soil and soil vapor media. Groundwater conditions are not addressed by this scope of work based on the historicalinfonnation regarding groundwater depth. Task 1 —Project Management and Coordination E2 will coordinate access and the schedule of field activities between the City, SUHSD management, personnel at the Site and subcontractors. This task also includes regulaz communication with the City to provide updates and progress reports. Task 2 —Coordinate EPA Authorization & Preparation and Submittal of SAP E2 will notify the EPA of the proposed Phase II SI and intent to use grant funds per the Site Eligibility Form that «�as submitted to the City for review on July 26, 2013 (approved by EPA on August 15, 2013). E2 will prepaze a SAP in general accordance with latest EPA template dated September 2009 and the City's Brow�nfield Assessment Grant Work Plan. The SAP template requires historical information alona with the proposed scope of work includino a quality assurance/quality control plan and a health and safety plan. For the purposes of this cost estunate, we have assumed that the Phase I Report contains adequate background information to meet ihe SAP template requirements. It is also assumed that, in consideration of the limited field investigation activities, EPA will accept an abbreviated SAP that v�ould not exceed 20 pa�es. E2 will prepare a drafr SAP document that will be submitted to the City for review and approval; which will then be submitted to EPA for approval. E2 will coordinate communications and responses with the EPA to obtain SAP approvaL This will likely include revisions to the SAP to address their review comments, and publication of a final version. Task 3 — Site Reconnaissance and Utility Clearance E3 will request coordination with SLTHSD and/or theu UST maintenance contractor to mark the Pa�e 18 Twn Parq�Agreement 8etween Ihe Ciry�of Cltula Pum and E2 Manae e TeCh to Prepare a Phase]I SI im CONStiLT AGR - DSD - E2MT 13-28 locations of product lines and tanks associated ��th the UST svstem and the subsurface sump. We also rzquest that plans sho��ing these features or an� Site utilities be provided. E2 ��ill then conduct a Site reconnaissance to mazk the proposed boring and sampline locations, and co evaluate the best locations for sampling near the Site features. The rzconnaissance «ill indude furtber inspection of the waste��=ater collection tank and the hvdraulic lifr equipment located in and around the Transportation Services buildina to help confirm appropriate samplin� depths. The selected drillins contractor ma�� attend the reconnaissance to confirm ��hich ripes of equipment��ill be used to access the proposed drilline locations, to check the surface conditions for��hether corins equipment ��-i11 be required, and confirm that no overhead utilit�� conflicts are present. E2 will also review plans provided bv SUHSD or mazkings showin� the liST s��stem features. Follo��in�the initial Site reconnaissance and mazl:in� of the borina locations. E2 �;�Il notifi Under�-ound Senice Alert (tISA) ofthe pending drilline activities at least 48 hours before starting work. Additionalh�; E2 ��ll retain a contractor to conduct a Qeoph��sical sur��ey at the Site in order to cleaz subsurface utilities at the proposed borins locations:To the estent feasible and �t-ithin the time budeeted for the project; the geophysical sun ev �tizll also pro��ide information regardina the dimensions of subsurface features addressed by the Phase II. Task 4 — Soil Vapor Surve�• E2 will conduct a soil vapor surve� to screen the subsurface for�olatile oreanic compounds (V"OCs) and to address conditions notzd in the Phase I includina the UST s�stem (RECs 1 and 2); various current and historical hazardous materials and waste storage (RECs 3 and 4), the strip drains and other features in the Transportation building (REC 6), and the wash rack and ��aste�;ater collection tank (REC 7). Additional locations will be distributed across the propem to address site conditions, and to provide further coverase of the proposed residential construction. Fifreen soil borines ��ill be advanced usina a truck-mounted Strataprobe direct push rig; to total �� depths of fifteen feet below around surface (fr b2s), or refusaL and converted to dual-nested soil ��apor probes at depths of� and 1� fr bgs. Soil ��apor samples �ti�ll be analvzed bv a mobile laboraton' on Site. Ground��ater is not expected to be encountered at this depth. Soil vapor sample anah-sis will include 38 soil vapor samples from I� probes scrzened at 2 depths (30 primazti, 4 duplicates and 4 Purge Volume Samples) for VOCs by EPA D4ethod 8260. Task �—Soil Samplina E2 �rill conduct soil sampling at 14 locations. The soil borines ��ill be advanced usins a truck- mounted Strataprobe d'uect push rio to the taz�eted depths. The follo��ine sampling depths and anal�tical testine aze proposed and may be adjusted based upon information obtained durine the Site reconnaissance and the review of additional historical records. I. Residual contamination associated ��ith lustorical UST and dispensers based on the proposed chanae to residential land use. , • Three borings azound the present day UST svstem. �i�th samples collected at depths of 10, 1�; and 19 feet bas (or refusal), or as needed based on obsen�ation of soil Pase 19 T»�o Parp•Agreemenr Ba»�een rhe GN af Chu[a Disw nnd E3 Afanage Tech m Prepare a Phase I/S/ � z rrr CONSULT AGR - DSD - E2\-fT 13-29 conditions. Samples ��ill be analyzed for total petroleum hydrocarbons-cazbon chain C4-C40 (TPH-cc) by EPA method 8015. • Soil vapor sampling is planned in the three borings at > and 15 feet bes. 2. Althoueh there are no significant releases currently known from the existing USTs and dispensing system; it is possible that releases have occurred. Apparent leakinQ around the fuel dispensers; and leaka�e from an AST on one of the dispenser islands, are soine areas that warrant further investieation. • Two borings at the fue] dispenser islands, with samples collected at 2, 5, and 10 feet bgs (or refusal), or as needed based on field conditions. Samples will be analyzed for TPH-cc by EPA method 801�m. 3. The Site reconnaissance; combined with revie��of agency files_and historical records; sho�� a long history of hazardous materiaUwaste use and storage. Observations of leaking containers, and regulatory agency violations su�gest that unauthorized releases have happened at various locations throughout the Site. • Two borings will be placed near staining observed on the outside of the aboveground oil storage, with samples collected at depths of 2 and 4 feet bgs. Samples will be analyzed for TPH-cc by EPA method 8015 and CAM metals by EPA method 6000/7000 series • I�'o other specific soil or soil vapor samples planned for this REC. 4. The storage of PCE «�aste in the small engine shop, and the historical use of this azea as a machine shop, su2gests historical use of VOCs. • \'o specific soil samples planned for this REC. Soil vapor sampling is planned in three borings at � and 15 feet bgs. 5. In-ground hydraulic lifts, reservoirs, and associated trenches in the Service Bavs of the Transportation building. • Six borings w�th samples collected at 10 and 15 feet bgs, or adjusted as needed based on the depth of the lifts. Two additional borings with samples collected at 2 and 4 feet bgs in areas where hydraulic reservoirs or supply lines may be located. Samples will be analyzed for TPH-cc by EPA method SO15m. • Soil vapor sampling is planned in three borings at 5 and 15 feet bgs. 6. Strip drains with staining, and the unknown drainage destination in the Service Bays of the Transportation building. 7. No specific soil or soil vapor samples are planned for this REC, however soil and soil PaQe 20 Two Parn�Agreemen(Benveen the Cin'ojChula V'rsto and E?Manu�e Tech m Prep¢re a Pkase!I SI y z rrr CONSULT AGR - DSD - E2MT 13-30 vapor samples collected in the �icuun for REC � are in the same footprint as REC 6.The wash rack area and ��aste�j�ater collection tank located west of the Transportation buildine. • Two borin�s ��ith samples collected at �; 10; and 1� feet b�s (to include samples belo�i�the collection tank invert). Samples �ill be anal��zed for TPH-cc b}° EPA method 801�, VOCs bv EPA method 3260B, and C�!\4 metals b��EPA method 6000/7000 series. • Soil vapor sampling is planned in one borin� at � and 1� feet b2s. Ten additionai sample anal�ses have been budeeted for VOCs, metals. PCBs and SVOCs based on results of field findin�s and priman� anai�nical resulu. Durino the drilline and sampline activities, borin� loes �;ill be prepazed.by field personnel in accordance ��-ith the Uniform Soil Classification S��stem. Soil sampies will be field screened for VOCs usine a photoionization detector. After the soil and soil vapor samples have been collected, each borehole «�ill be bacl:filled �=ith a hvdrated bentonite pellets and the ground surface �«ll be repaired to match the e�isting surface. In�estieation Derived �Vaste indudins soil cuttines and decontamination ��ater will be containerized in Department of Transportation approved drums pendine disposal. The cost summary has budeeted for one soil sample to be anal��zed for waste disposal chazacterization purposes. Task 6 —Report Preparation E2 �vill prepare a Phase II SI report summarizin� the subsurface investieation. The Phase II report �vill provide a brief back�round summary of the site, doc,ument the field activities that �vzre completed, describe the results of the anal��tical testing and provide our findines and conclusions. Tables and fisures ��ill be used to detail the borine locations and anal�tical results. Borine lo�s ��ill be prepared and provided as an appendis in the Phase II repon. Detected concentrations of contaminants of concem «�ill be compared to published health-based screenine levels; or waste criteria, as available. The scope,of the repon does not include site-specific health risk assessment or calculations. A drafr copy of tbe Phase II SI repon will be provided to the City dieitally for its review and comment. lipon receivine comments from the Ciri; a final Phase II SI repon w�ill be prepazed. T�io hazd copies and one digital copy of the final repon «�ill be submitted to the City. EPA is not anticipated to review and/or comment on the drafr of fmal Phase II SI report. It is assumed that EPA ��ill accept a PDF version of the report submitted electronicall��. B. Dare for Couunencement of Consultant Sen�ices: (�) Same as Effecti�•e Date of A�eement Pase 21 Two Pam•A�reement Bax�ern rhe Gry•of Chu(n Pisrn and E?Afnna�e Tech to Prepase a Ph¢se!I SI � z=-r CO\SliLT:�GR - DSD - E2\4T 13-31 ( ) Other: C. Dates or Tune Lunits for Delivery of Deliverables: • Deliverable No. 1: Draft Phase II SI for the property shall be provided to the City within twelve to fourteen weeks from the auYhorization to proceed. • Deliverable No. 2: Monthly status reports shall be provided to the City at the end of each month. • Deliverable No. 3: Final Phase II SI report for the property shall be provided to the City by Mazch 1, 2014. • Deliverable No. 4: The completed Phase II SI data shall be entered into the EPA's Assessment; Cleanup and Redevelopment Exchange System (ACRES) online database by June l, 2014. D. Date for completion of all Consultant services: June 30, 2014. _ � 9. A�aterials Required to be Supplied by City to Consultant: None 10. Compensation: Notwithstanding the below compensation terms, the total compensation for this Agreement shall not exceed: Sixry eieht thousand two hundred and seventy six dollars and fi8y cents ($68,27650). A. (X)Sin�le Fixed Fee Arransement. � For performance of all of the Defined Services by Consultant as herein required; Ciry shall pay a single fixed fee in the amounfs and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $68,276.50, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee (X) 1. Monthly Payments. The City shall make interim monthly advances against the compensation due for each Deliverable on a percentage of completion basis for each given Deliverable. Any payments made hereunder shall be considered as interest free loans that must be retumed to the City if the Deliverable is not satisfactorily completed. If the Deliverable is satisfactorily completed, the City shall receive credit against the compensation due for that Deliverable. The retention amount or percentage set forth in Pazagraph 19 is to be applied to each interim pa}znent such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator desi�nated herein by the City, or such other person as the City Mana�er shall designate, but only upon such proof demanded by the City that has been procided, but PaQe 22 Two Parry Agreemenl Belween[he Cip�ojC/tula �s1a and E2 Manae e Tedr fn Prepure a Phase!1 SJ . � z rn CONSliLT AGR - DSD - E2MT 13-32 in no event shall such interim advance pa�ment be made unless the Consultant shall have represented in��ritina that said percentaoe of completion of tt�e phase has been performed b��the Consultant The practice of makine interim monthlv advances shall not convert this aereement to a time and materials basis of pa;�nent. B. O Phased Fiaed Fee Arranaement. For the performance of each phase or ponion of the Defined Services bv Consultant as aze separateh� identified below, City shall pa� the fixed fee associated��ith each phase of Sen�ices, in the amounts and at the tunes or milestones or Deli��erables set forth. Consultant shall not commence Services under any Phase. and shall not be entitled to the compensation for a Phase; unless Cirv shall have issued a notice to proceed to Consultant as to said Phasz. O 1. Interim ?�4onthly Advances. The Cirv shall make interim monthl�� advances asainst the compensation due for each phase on a percentase of completion basis for each gi��en phase such that; at the end of each phase onlv the compensation for that phase has been paid. An�� payments made hereunder shali be considered as interest free loans that must be retumed to the City if the Phase is not satisfactorilv completed. If the Phase is satisfactorilv completed, the City shall recei�e credit against the compensation due for that phase. The retention amount or percentage set forth in Pazagraph 18 is to be applied to each interim pa��ment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentaoe of completion of a phase shali be assessed in the sole and unfettered discretion by the Con�acts Administrator desianated herein bv the City, or such other person as the Ciry D4anaeer shall desi�ate; but only upon such proof demanded b�� the City that has been provided; but in no event shall such interim advance pa�inent be made unless the Consultant shall have represented in NTitina that said percentaQe of completion of the phase has been performed bv the Consultant. " The practice of makina interim monthh advances shall not convzn this aereement to a tune and materials basis of payment. C. ( ) Hourl. Rate Arranaement For performance of the Defined Sen�ices b}• Consulcant as herein required; Cit� shal] pay Consultant for the productive hours of time spent by Consultant in the performance of said Services; at the rates or amounts set forth in the Rate Schedule herein belo�v accordino to the follotvin� terms and conditions: O l. Not-to-Exceed Limitation on Time and Materials Arraneement Nohtiithstanding the expenditure bv Consultant of tune and materials in excess of said \�faximum Compensation amount; Consultant agrees that Consultant ��ill perform all of the Defined Services herein required of Consultant for S68,2 i6.50; including all A�iaterials; and other "reimbursables" (Maxunum Compensation). Paee 23 Two Parp•A�reemeni Between the Ciry of Chula Gista arsd E2 Mano�e Tecfi ro Prepare o Phose II57 � �.;.� CO\'SU-LT AGR - DSD - E2A4T 13-33 O 2. Limitation without Further Authorization on Time and Materials Arran�ement At such tune as Consultant shall have incurred time and materials equal to � (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's o�m cost and expense. See Exhibit B for wage rates. O Hourly rates may increase by 6% for services rendered afrer [month], 20_; if delay in providing services is caused by City. ll. Materials Reimbursement Arran�ement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the raYes or amounts set forth below: (x) I�TOne; the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ $ ( ) Copies, not to exceed $ $ ( ) Travel, not to eaceed $ $ ( ) Printing; not to exceed $ $ ( ) Postage; not to exceed $ $ ( ) Delivery; not to exceed $ $ ( ) Outside Services: $ O Other Actual Identifiable Direct Costs: $ , not to exceed $ - $ , not to exceed $ $ 12. Contract Adminis�rators: City: Janice HIuth Senior Project Coordinator Consultant: Travis L. Stravasnik Senior Project Professional 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: PaQe 24 Two Part��Agreement Ben✓een the Citv of Chulo VLsm and EI Murcup e Tech to Prepare a P/r¢re!!SI - y . zrrv CONSliLT AGR- DSD - EZMT 13-34 14. Statement of Economic Interests, Consultant Reponing Cate�ories, per Conflict of Interest Code (Chula\'ista ?�4unicipal Code chapter 2.02): (Y) ?�ot Applicable. \bt an FPPC Filer. ( ) FPPC Filer O Cateeory\�o. I. Investments, sources of income and business interests. O Categorv\TO. 2. Interests in rzal propem. O Cateeon� No. 3. Investments, business positions, interests in real propem. and sources of income subject to the regulatory, permit or licensing authoriri of the department administering this Agreement. O Category No. 4. Investmenu and business positions in business enuries and sources of � income that engage in land development. construction or the acquisition or sale of real propem'. O Category No. �. Investments and business positions in business entities and sources of income that ��ithin the past t�vo �ears; have contracted �ith the City of Chula Vista or the Citds Redevelopment Aeency to provide sen�ices; supplies, materials; machinerv or equipment. O Catesorv No. 6. Investments and business positions in business entities and sources of income that; �i2thin the past t��o �-eazs, have contracted ��ith the department administerina this Asreement to pro�ide services; supplies, materials; machinen• or equipment. O List Consultant Associates interests in real property �i�thin 2 radial miles of Project Propem�; if an}�: 1�. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Pase 2� 7wo Pam d�reement Benreen the Cur of Chuln Pisrn and E?:ifarsaae Tech m Prepare a Phase II S/ y :� CO\SUZT AGR - DSD - EZ\4T 13-35 17. Bill Processing: � � A. Consultant's Billin� to be submifted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of ConsultanYs Bil]ing: ( ) First of the Month O 15th Day of each Month (x) End of the Month ( ) Other: � C. City's Account Number: 27240 � 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Securiry: Type: Amount: $ O Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring tbe payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either tbe following "Retention Percentage" or "Retention AmounY'until the City determines that the Retention Release Event, listed below, has ' occurred: • ( ) Retention Percentage: ( ) Retention Amount: $ Retention Release Event O Completion of All Consul[ant Services ( ) Other: O Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manaaer/Director of Development Sen�ices or his designee. Paoe 26 Two Parp�Aereemem Berween the CiN af Chu(a I''um and£?:Nanae e Tech to Prepare a Pkase 17 S! . �v zrrv CONSliLT AGR - DSD - E2MT 13-36