HomeMy WebLinkAbout2013/11/19 Item 12 l��:-. - �:�s.�.t��
�--��-�-i =- CITY COUNCIL
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'� ----� AGENDA STATEMENT
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-— - _ ' _ _ ,�?�'�: �� CITY OF
CHUTA VISTA
11/19/13, Item �a
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITl' OF CHULA
VISTA APPROVIAIG AN AGREEMEIr'T TO PROVIDE ASSET
MANAGEMENT INVEi�'TORY AND CONDITION ASSESSME\'T
CONSULTANT SERVICES BETWEEN THE CITY AI�iD GHD INC.
?u\rD APPROPRIATIi�'G S».000 TO THE PUBLIC �'l'ORKS
DEPARTMENT FUNDED BY SAN DIEGO SERVICE AUTHORITY
FOR FREEWAY EMERGENCIES (SAFE) FUI`'DS FOR STREET SIGN
REFLECTIVITY MEASUREMENT SERVICES
RESOLUTION OF THE CITY COUi�'CIL OF THE CTI1' OF CHULA
VISTA APPROVIi�'G AI�T AGREEMENT TO PROVIDE ASSET
MANAGEMEI�TT II�iVENTORY AND COI�'DITION ASSESSMENT
CONSULTANT SERVICES BETWEEN HE CITY AND ��EST
COAST ARBORISTS; I\'C.
/
SUBAIITTED BY: DIRECTOR OF PUBLIC ��ORKS
ASSISTANT DIRECT OF PUBLIC
REVIE�YED B1': CITI'MAI�'AGER
ASSISTANT CITI' ANAGERrG�
4/STHS VOTE: 1'ES � NO ❑
SUDIAIARY
At the March; 2013 Ciry Council Infrastructure �1'orkshop, City staff identified a need for an
inventory and condition assessment of the City's assets to assist the City in prioritizins the
allocation of lunited resources for the maintenance and replacement of the City's infrastructure.
In April, 20li, the Public �'�'orks Department released a Request for Proposals to eneage
consultants to perform these sen�ices. Through the City's consultant selection process for these
services; staff has neeotiated proposed concracts «�ith GHD Inc. and ��est Coast Arborists, Inc.
This action authorizes the City Manager to enter into the contracts with GHD and �Vest Coast
Arborists and authorizes an appropriation of S»;000 to the Public �Vorks Deparhnent funded by
San Diego Service Authority for Freeway Emergencies (SAFE) funding For street sign
reflectivity measurement sen�ices.
12-1
11/19/13, Item /2
Page 2 of 5
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for co�npliance with the
Califomia Environmental Quality Act (CEQA) and has determined that the activity is not a
"ProjecY' as defined under Section 15378 of the State CEQA Guidelines because it involves a
govemmental administrative activity consisting of the approva] of an agreement with a
consultant that will provide consulting services involving inventorying and assessing the
condition of City assets that will not result in direct or indirect physical changes to the
environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is required.
RECOMMENDATION
Council adopt the resolutions.
DISCUSSION - -
At the March, 2013 City Council Infrastructure Workshop, City staff identified a need for an
inventory and condition assessment of the City's assets. A condition assessment includes an
estimate of the asseYs likelihood of failure and an evaluation of the direct and indirect economic,
social, and environmental impacts of the asset failure. For example, if the storm drain system is
not adequately maintained over time, it will degrade and eventually fail, which will have
significant financial costs and also social and environmental ramifications.
However, the City has only limited resources to allocate to the maintenance and replacement of
its infrastructure. A condition assessment assists the City in prioritizing the allocation of limited
resources based on the probability of failure of an asset and the consequence of failure. Such an
assessment has recently been completed for the wastewater management system and for the
pavement portion of the roadway management system. In April, 2013 the Public Works
Department released a Request for Proposals to engage consulYants to perform these services for
the building, parks, drainage, roadway, and urban forestry management systems.
Consultant Selection Process
Per the consultant selection procedures outlined in the City's Municipal Code, a request for
proposals (RFP) was issued on April 5, 2013. Six proposals were received on May 9, 2013 from
the following consultants (listed in alphabetical order):
• Ambrit Services, Inc. — El Cajon, CA
• Amec Em�ironmental & Infrastructure, Inc. — San Diego, CA
• Faithful+Gould, Inc. — Seal Beach, CA
• GHD Inc. — Irvine, CA
• KitchelllCEM—Sacramento, CA
• West Coast Arborists, Inc. —Anaheim, CA
A Selection Committee comprised of the following City Staff evaluated the proposals:
➢ Bob Blackwelder, GIS Manager
➢ Eric Crockett, Assistant Director of Development Services
➢ Iracsema Quilantan, Assistant Director of Public Works
r`� Tricia McE�i�en, Procurement Specialist
�.. 1 2-2
11/19/13, Item �2
Page 3 of 5
The Committee initiall}� evaluated and rated the Consultants based on their proposals using the
follo�vina criteria:
9 Track record of completine services of a similar scope or nature.
7 Positi��e track record of�;-orking ���ith public agencies (as demonstrated by respondent
submittal and/or references).
➢ Qualifications of the principals and key staff as it relates to the identified serz�ices.
➢ Capacity of the firm to complete high quality services in a timely manner.
� Quality of the work product to be produced upon completion of the identified scope
of services.
Based on the initial evaluation; the top rivo recommended firms for each asset management
system �vere invited to intervie�vs �vith the Selection Committee and other key City staff. The
foliowing are the rivo firms recommended by the Selection Committee based on the RFP
submittals and intervie«�s.
1. GHD Inc. — Irvine. CA -
2. ��est Coast Arborists. Inc. —Anaheim, CA
T�vo-Partv Aereements
The proposed aereements «�ith GHD and Vl'est Coast Arborists have been prepazed usin� the
City's standazd h��o-party a�eement. The scope of services and pricing were negotiated behveen
the Consultants and City staff.
GHD Inc. �vill perform the full scope of services for the buildine, parks; drainage, and roadway
mana�ement systems (except for pavement as the City already has the Streetsaver pro�am in
place). West Coast Arborists, Inc. «�ill perform the inventory and condition assessment sen�ices
for the urban forestry management system. That data will be provided to GHD to incorporate
into ifs analysis to help ensure consistency of the risk assessment among the different asset
manaeement systems. GHD «�ill then de��elop a customized tool that «�ill be used to model the
future rene�val at 30-year; 50-year, and 100-yeaz planning horizons to establish the future
financial requirements necessary to provide sustainable sen�ice over each of the timeframes.
In addition, a list of assets and their required actions (e.g., rehabilitation, replacement) «�ill be
available for each forecasted year. Furthermore, each asset action �vill be accompanied by
estimated cost and a risk score to assist in the future CIP project planning efforts. GHD will �vork
with the staff to develop up to five funding scenarios that show the projected impact of budgets
on work backlog and risk at certain funding levels.
The results of these sensitivity analysis scenarios will be documented in an asset management
plan. The findings of the sensitivity analysis �ti�ill be used as the recommendation for
de��elopment of the City's future financial plan. GHD shall provide a status update to the Asset
Management Pro�am Advisory Committee and the City Council as the ��•ork is ongoing and a
final presentation of the findings and recommendations to the City Council.
The contract �vith GHD also includes an allocation of S»,000 for additional si� reflectivity
condition assessment services. The reflectivity of approximately 19;000 city street si�s needs to
be measured to help prioritize the replacement of signs to comply �viih federally mandated
reflectivity levels. Such sen�ices have been determined to qualify for San Diego Service
I 12-3
ll/19/13, Item I Z
Page 4 of 5
Authority for Freeway Emergencies (SAFE) funding, for which the City received a distribution
from SANDAG of appro�:imately �750,000 in one-time funds available to allocate to qualified
proj ects.
The City will pay GHD a fixed fee of $500,000 for the combined sen�ices and will pay West
Coast Arborists a per tree site fee of$2.50 for the physical tree im�entory and assessment (with
an aggegate limit of 555,000 for the base scope of services). GHD will have a maximum
contract limit of$650,000 and West Coast Arborists a maximum limit of$100,000 to allow for
additional consultant services as needed if additional funds are identified and appropriated in a
subsequent City Council action. GHD will engage subconsultants to perform a portion of their
services as outlined in their response to the RFP. The table below summarizes the proposed
contract funding amounts:
Firm Fixed Fee Reflectivity Maximum
Services A egate Limit
GHD Inc. $44�,000 $55,000 $650,000
West Coast Arborists, Inc. $55,000 $100,000
TOTAL $500,000 $55,000 $750,000
Inventory and condition assessment of the City's assets is a critical step to assist the City in
prioritizing the allocation of limited resources for the maintenance and replacement of the City's
infrastructure. It is also important to engage the community on needs and build broad consensus
around a solution. In September, 2013, the City released a Request for Proposals to employ
consultants to perform polling and public outreach and communication services pertaining to
infrastructure needs and solutions. City staff will be coming to the City Council in December
with proposed contracts to build community awareness of the City's infrastructure needs.
DECISION DZAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in Califomia Code of Regulations section
18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff
been informed by any Council member, of any other Fact that may constitute a basis for a
decision maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT
The fiscal year 2013-14 budget includes �500,000 for asset management consultant sen�ices.
Staff is recommending an appropriation of�55,000 for the additional sign reflectivity condition
assessment services that �vill be perfonned by GHD. This appropriation will be offset by SAFE
funds. In fiscal year 2012-]3, the City received a refund of$750,951 from the San Diego Service
Authority for Freeway Emergencies (SAFE). The funds were designated for traffic safety
purposes; this appropriation will not impact the available fund balance of the General Fund.
ONGOING FISCAL IDZPACT
The one time appropriation of$555,000 is sufficient to complete the base Scope of Services in
the contracts. This includes a consolidation and review of all existing condition assessment
records and a ph}�sical assessinent for critical assets for which no condition assessment data
12-4
11/19/13, Item �Z
Page 5 of 5
currenth� exists. The contracts allow for additional consultant services of 519�.000 as needed if
additional funds are identified and appropriated in a subsequent Cit}° Council action. In order to
complete the full asset management studv, includine updating the assessment of all critical
asseu. additional funds of 5�00.000 aze needed.
:�TTACHI7ENTS
1. Consultants' Disclosure Statements
Prepared by: Alichael Leng�el, Senior,l�anagemenrAnahst
H:IPUBLIC 11'ORKS-ENGL3 GE:\"D.91C.9 S20/3111-19-13 L4sset A�anagemen�ContractslREPORT-P H'-GHD
Contract Agenda Statement.doc
12-5
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Proposal for Asset Management Inventory and Condftion Assessment Services-RFP#P02-12/13
Section 5 Disclosure Statement (Exhibit C)
Exhibit C
Disclosure Statement
Pursuant to City Council Policy 701-01, prior to any action on a matter that requires discretionary action by ihe
City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of
certain ownerships,financial interesfs, payments, and campaign contributions must be filed.The following I
information must be disclosed:
1. List the names of all persons having a fnancial interest in the project that is ihe subject of the
application, project or contract (e.g., owner,applicant,contractor,subcontractor, material supplier�.
None.
I
2. If any person* identified in section 1 above is a corporation or partnership, list the names of all �
individuals wifh an invesiment of$2000 or more in the business (corporation/partnership) entity. j
Not applicable.
3. If any person` identified in section 1 above is a non-profit organization or trust, list the names of any
person who is fhe director of the non-profit organization or the names of the irustee, beneficiary and
iruslor of the trust.
No1 appiicable. II�
I
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4. Please identify every person, including any agenfs, employees, consultants, or independenT �
contractors,whom you have authorized to represent you before fhe City in this matter.
Paul Hermann Colin Chunq I
�
5. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associated wilh ihis contract, project or I
application, had any financial dealings with an official" of the City of Chula VisTa as it relates to ihis
contract, projeci or application within the past 12 months� Yes_No X !
I
I
I
If yes, briefly describe the nature of fhe financial interest the official"` may have in this contract. i
i
GHD for City of Chula Vista � 36
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, Proposal for Asset Management Inventory and Condition Assessment Services-RFP#P02-12/13
6. Has any person' anyone identified in l, 2, 3, or 4, above, or otherwise associafed with this contraci,
project or application, made a campaign contribution of more than §250 within the past fwelve �12)
months fo a currenf inember of the Chula Visia City Council2 Yes_No X
. If yes,which Council member�s)?
7. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or
applicafion, provided more than $420 (or an item of equivalent value) to an official" of the Cify of
Chula Vista in ihe past twelve (12) months� (This includes any payment that confers a personal benefit
on ihe recipient, a rebate or discounf in the price of anyihing of value, money fo refire a Iegal debt,
giff,loan, etc.)
Yes No X _
If Yes,which official"`and what was ihe nature of item provided2
i
8. Has any person' identified in i, 2, 3, or 4, above, or otherwise associafed with this contract, project or
application, been a source of income of $500 or more to an official" of the City of Chula Vista in the
pasf twelve (12) monfhs? Yes_No X
If Yes,idenfify the officiai" and the nafure of fhe income provided?
' Daie: Mav 9,2013
Signafure of Contractor/Applicanf
Pau� Hermann
Prin1 or type name of Contracior/Appiicanf
' Person is defined as:any individual, firm,co-porfnership,joint venture,association,social club,fratemal
organization,corporaiion, estate, trust,receiver,syndicate, any other county,city, municipality, districf,or -
ofher political subd'msion, or any ofher group or combinafion acting as a unit.
" Official includes, but is noi limited io:Mayor, Council member, Planning Commissioner, Member of a
board,commission,or commiffee of the Cify, and City employees or staff inembers.
"` This Disclosure Sfatement must be completed at the iime the project application,or contract, is
submitted to City sfaff for processing,and updafed within one week prior to considerafion by the
� legislafive body.
37 � GHD for City of Chula Vista
12-7
----- --- ---.....,.._. ._..._- - ----------- - ----- - ----.....--. ------ --- --- - - -- ---- -- - ..., . - i
Exhibit C �
Disclosure Statement
Pursuant to City Council Policy 101-01, prior to any action on a matter ihai requires discretionary �
action by the City Council, Planning Commission or other official legislative body of the City, a
statement of disclosure of cerfain ownerships, financial interests, paymentr, and campaign
contributions musT be filed.The following information must be disclosed: �
Firm Name: Affordable Drain Service, Inc. DBA:Affordable Pipeline Services
1. List the nomes of all persons having a financial interest in the project that is ihe subject of i
the application, project or contract (e.g., owner, applicant, conhactor, subcontractor,
material supplier).
Craiq 5 Post �
�
Duane D.Johnson i
, !
2. If any person' identified in section 1 above is a corporation or parfnership, list the names '
of all individuals with an investment oF $2000 or more in ihe business
�corporatioNpartnership) entity.
Craiq Post
DuaneJohnson
3. If any person` identified in section 1 above is a non-profit organization or trusi, list The
names of any person who is the director of the non-profit organization or the names of ,
the trustee,beneficiary and trustor of ihe irust. I
�
N/A
,I
4. Please identify every person, including any agenTs, employees, consultants, or ;
independent contractors,whom you have authorized to represent you before the City in
this matter. i
Craiq Post
DuaneJohnson
5. Has any person' identified in 1, 2, 3, or 4, above, or otherv✓ise associated with this
contract, projeci or application, had any financial dealings with an official" of the City
of Chula Vista as it relates to this contract, project or application within the past 12 �
months2 Yes_No_X_
I
If yes, briefly describe the nature of the financial interest the official*` may have in this �'
contract.
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6. Has any person`anyone identified in 1, 2.3,or 4,above, or otherwise associafed with this
confract, p�oject or application, made a campaign contribution of more fhon $250
within the past twelve (12) months to a curtent member of The Chula vsta City Council�
Yes_No_X_
If yes,which Council member�s)2
7. Has any person" identified in l, 2, 3, or 4, above, or otherv�ise associated with this
conhact, project or application, provided more than $420 (or an item of equivalent
value) to an officiai" ot the City of Chula Vsta in fhe past twelve f 12} months? (This
, includes any payment that confer� a personal benefit on ihe recipient, a rebate or
d�scount in the price of anything of value, money to retire a legal debt,gift,loan, etc.)
Yes_No_X_
If Yes,which o�cial"and what was the nature of item provided2
8. Has any person` identified in l, 2, 3, or 4, above. or otherwise associated with this
contract,project or application,been a source of income of$500 or more to an official"
of the Ciiy of Ch�la Vsta in the past twelve (12) months2 Yes_No_X_
If Yes,ideniify the official•' and the nature of the income provided�
Date:_May 9,2013
Signatur of Contractor/Applicant
Duane D Johnson
Prini or fype name of Conhactor/ApplicanT
• Person is defined as:any individ�al, firm,co-partnership,joint venture,association,social club.
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city.
municipafrty, disfict, or other poGtical subdivision, or any other group or combination acting
as a un'rf.
•• Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the Cify, and Cify employees or staH
members.
••• This Disclosure Statement must be completed at the time the project application,or contract,
is submitted to City staff for processing, and updated within one week prior to consideration
by the legislative body_
� 2-9
i I.
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� Exhibit C �'_
I
Disciosure Statement i
j Pursuanl to Clty Council Policy 101-01, prior to any action on a matter that requires discretionary
action by the City Councfl, Planning Commission or oiher otficial legislative body of the City, a
statement of disclosure of certain ownerships, financial inlerests, payments, and campaign I
contributions must be filed.The following information musf be disclosed:
Firm Natne: WhHestone Research Corporation
1. List fhe names of all persons having a financial interesi in the project ihat is the subject of
the application, projeci or contract �e.g., owner, applicani, contractor, subconfractor,
material supplier).
Whitestone Research Corporallon
2. If any person' identified in section 1 above is a corporation or partnership, list the names
of all individuals with an invesiment of $2000 or rnore in ihe business '
(corporation/parfnership) entiiy. '
3. If any person` identified in section 1 above is a non-profit'organization or irust, list the �
names of any person who is ihe director of the non-profit organizatlon or the names of
the trustee, beneficiary and irustor of the irust.
�
4. Please identify every person, including any dgents, employees, consultants, or ;
independent contraciors.whom you have authorized fo represeni you before the Ciiy in
this motter, �
i
Peter Lutkin I
5. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associaied with this
contract, project ar application, had any financial dealings with an official'" of the City
of Chula Vistq as it relates io this conlract, project or application within the past 12
months8 Yes_No_�
If yes, brietly describe the nature of the financial interest ihe official'• may hove in this
conhact.,
i
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� 6. Has an ' y
y person an one ideniified in 1,2,3,or 4,above, or otherwise associated wifh This
contracf, projecf or appfication, made a campaign contribution of more than $250
wifhin ihe past twelve (12) months to a current member of the Chula V'�sia City Council�
Yes No x
: If yes,which Council member(s)?
7. Has any person` idenfified in l, 2, 3, or 4, above, or othenvise associated with this
contract, projeci or application, provided mwe than $420 (or an item of equivalent
value) fo an officiaP' of the Ciiy of Chula Ysta in the past twelve (12) months2 �This
includes any payment that confers a personal benefit on the recipient, a rebate or
; discount in the price of anyfhing of value, money to reTire a legal debt.gift, loan, efc.)
� Yes_No x
If Yes,which o�cial"and what was the nature of item providedZ
8. Has any person' identified in l, 2, 3. or 4, above, or othenvise associated with this
conTract,project or applicafion, been a source of income of$500 or more to an official"'
of the City of Chula Vista in the past tv✓elve (12) monihs2 Yes_No x
; If Yes,identify the official"and ihe nature of the income provided2
�
� -
�
� Date:5/9/2013
i Sign e of C fra for/Applicani
I
IPeier Lufkin, Principal
� Print or type name of Conhaclar/Applicant
i
i • Person is defined as:any individual,firm,co-parfnership,joint venture,association,social club,
fraternal organ¢ation, corporation, estafe, trusi, receiver, ryndicate, any other county, cify,
i municipafity, dstrict, or ather political su�vuion, or any ofher group or combination acling
as a unit.
'• Official includes, bui is not limited to: Mayor. Council member, Planning Commissioner,
� Member oi a board, commission, or commitfee of the City, and Cify employees or siaff
� members.
"` This Disclosure Stotement must be completed at the time the projeci application, or contract,
� is submitted to City staff for processing, and updated wiihin one week prior to consideration
by the legislative body.
12-11
-- ...._. _.. .-- __ - - - -- -.... ...:....._._....:: _ .. . . . . , -..__.
- - -
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Exhibit C �
Disclosure Statement (
f:
Pursuant to City Council Policy 101-01, prior to any action on a matier that requires discretionary
� _
action by the City Council, Planning Commission or other o�cial legislative body of the City, p �''
statement of disclosure of cerfain ownerships, financial interests, payments, and campaign I
contributions must be filed.The following information must be disclosed:
I .
1 _
1. List the names of all persons having a financial interest in the projeci ihat is ihe subject of
the application, project or contract (e.g., owner, applicant, contractor, subcontractor, �
material supplier). i
Patrick Mahoney, President '
Richard Mahoney, Asst. Secretary
Rose Eaqerson. Treasurer
2. If any person' identified in section 1 above is a corporation ar parfnership, list the names I'
of all individuals with an investment of $2000 or more in the business i
(corporation/parfnership) entity.
N/A i
I
�
3. If any person' identified in seciion 1 above is a non-profit organrzation or trust, list the I
names of any person who is the director of the non-profit organization or fhe names of i
the trustee, beneficiary and trustor of the trust. I
N/A
i
I
4. Please identify every person, including any agenis, employees, consultants, or Ili
independent contractors,whom you have authorized to represeni you before the City in �
ihis matter.
Patrick MahoneV, President Uctor Gonzalez, Uce President I
Richard Mahoney, Asst. Secretary Mike Palat, Area Manager i
Rose Epperson, Treasurer ',
;
i
5. Has any person` identified in 1, 2, 3, or 4, above, or otherwise associated with this
contract, project or application, had any financial dealings with an official•` of the City �
of Chula Vista as it relates to this conirad, project or application within the pasT 12 �
months? Yes_No� I
I
i
If yes, briefly describe the nature of fhe financial interest 1he official" may have in ihis
contract.
�
�
12-12
6. Has any person'anyone ident�ed in l,2,3, w 4, above, or ofherwise associated wifih this
contraci, project or application, made a campaign contribution of more than $250
within the past fweNe (l2) monihs fo a current member of the Chula Ysta City Council�
Yes No X
If yes,which Counc� member�s)?
7. Has any person' identified in 1, 2, 3, or 4, above, or oihenvae associated with this
contract, project or appfication, provided more than $420 (or an item of equivalent
value) to an o�cial" oi the City of Chula Ysta in the past lwelve �72) months? (This
includes any payment that confers a personal benefrt on the recipient, a rebafe or
discount in 1he price of anything of value,money to retire a legal debt,giff, loan,etc.)
Yes No X - -
If Yes,which officiai"and what was ihe nature of item provided?
8. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associated with fhis
contracf,project or application, been a source of income of$500 or more fo an officiaf'
of fhe City of Chula�l�sta in the past tweNe (12j months? Yes_No X
If Yes,idenfify the officiaf'and the nature of the income provided2
Dafe:
5/3/13 �
Signature of Conhactor/Ap cant
Patrick Mahoney, Preside�
Print or type name of Contracfor/Applicanf
' Person is defined as: any individual, firm, co-parinership,joint venture, association, social club,
fratemat organ¢ation, corporation, estate, frust, receiver, syndcate, any other county, city,
municipaGiy, dGStrict, or other political subdivaion, or any other group or combination acting
as a unii.
" Officiai includes, bu1 is not limited to: Mayor, Counc� member, Planning Commissioner,
Member of a board, commission, or commitiee of the City, and City empbyees or staff
"members.
"' This Disclosure Stafement musf be completed at the fime fhe project application,or contracf,
is submiifed fo City siaff for processing, and updafed within one week prior to consideration
by the legislative body.
12-13
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE
ASSET MANAGEMENT INVENTORY AND CONDITION
ASSESSMENT CONSULTANT SERVICES BETWEEN THE
CITY AND GHD INC. AND APPROPRIATING �».000 TO
THE PUBLIC WORKS DEPARTMENT FUNDED BY SAN
DIEGO SERVICE AUTHORITY FOR FREEWAY
EMERGENCIES (SAFE) FUNDS FOR STREET SIGN
REFLECTIVITY MEASUREMENT SERVICES
WHEREAS; at the D7arch, 2013 City Council ]nfrastructure Workshop, City staff
identified a need for an im�entory and condition assessment of the City's assets to assist the City
in prioritizing the allocation of limited resources for the maintenance and replacement of the
City's infrastrucmre; and
WHEREAS, a request for proposals (RFP) was issued on April 5, 2013, and six proposals
were received on May 9, 2013 for asset management inventory and condition assessment
services; and
WHEREAS, a selection committee comprised of City staff reviewed the proposals and
invited the two most qualified firms for each asset management system in for interviews; and
WHEREAS, based on the information provide in the RFP submittals and subsequent
intervie�vs, City staff recommends engaging GHD Inc. for asset management inventory and
condition assessment services for the building, parks, drainage, and roadway management
systems; and
WHEREAS, the Public Works Department has budgeted $500,000 for asset management
inventory and condition assessment services in fiscal year 2013-14; and
WHEREAS, sign reflectivity condition assessment services to help prioritize the
replacement of signs to comply with federally mandated reflectivity levels has been determined
to qualify for the use of San Diego Service Authority for Freeway Emergencies (SAFE) funds;
and
WHEREAS, a scope of services and pricing were negotiated between GHD Inc. and City
staff and an agreement has been prepared using the City's standard t�vo-party agreement format;
and
J:�Attorney\PINAL RESOS AND ORDINANCES\2013\I I 19 13\RESO-PW-GHD Asset Management Contract.doc
11/13/?013 1 L58 P.n4
12-14
Resolution T'o.
Pase 2
��'HEREAS, the cost for the proposed n�ork is �44�;000 for the base scope of sen�ices for
the building, pazks, draina2e, and roadway management systems and �»,000 for the sian
reflectivity condition �ssessment services, and the asreement has a lunit of S6�0.000 to allow for
additional consultant services as needed; provided additional funds are identified and
appropriated in a subsequent City Council action.
NO�V, THEREFORE, BE IT RESOLVED bv the Ci[y Council of the City of Chula
Vista, that it appro��es the agreement to provide asset manaeement inventory and condition
assessment services bet���een the City and GHD Inc. in the.form presented, as may have been
modified by the Council prior to its appro��al and ��th such minor modifications as ma� be
required or approved by the Cin� Attomey, a copy of�vhich shall be kept on file in the Office of
the Citv Clerk, and authorizes and directs the Cit�� \4anaeer to execute same.
BE IT FURTHER RESOLV'ED bv the Citv Council of the Cirv of Chula Vista. that it
appropriates �»;000 to the fiscal ti�ear 20li-14 Supplies and Services budeet of the Public
�Vorks Department to be funded by San Diego Service Authorit}� for Free���ay Emereencies
(SAFE) funds.
i
Presented by Appro�� �d as to form� ��
.
/// 7 � � �
U
Richazd A. Hopkins � 1 n R. ooei `s�
Director of Public ��%orks Cit}� A ey
J:Wnomev�FINAL RESOS�.ND ORDf�ANCES�Oli\I 1 19 liUtESO-P\�'-GHD Asse[Alanaeemem Convact.doc
ll/13/2013 I L58 AM
12-15
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON PROVAL BY
THE CIT j COUN L
�
� /, ____
I G n R. Googins
� � ity Attorney
l.
Dated: /� %�
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA AND
GHD, INC.
TO PROVIDE ASSET MANAGEMENT INVENTORY AND
CONDITION ASSESSMENT CONSULTANT SERVICES
12-16
Agreement behceen
Cih� of Chula Vista
and
GHD Inc.
To Pro�ide Asset�Ianagement In��entor}� aod Condition assessment Consultant Sen-ices
This agreement (.�areement); effective ; is betw�een the Citv-rzlated
entity whose name and business form is indicated on Exhibit A, Paraaraph 2; (City), and the
entity whose name; business form, place of business and telephone number are indicated on
E.�chibit 9; Para�raphs 4 throueh 6, (Consultant), and is made with reference to the followin�
facu: y y
RECITaLS
��'�REAS, one of the City's Strateaic Goals is to maintain Strons R Secure
Neiehborhoods and one of the initiatives w�ithin that goal is to preserve and restore City
infrastructure through the Asset Management Proaram(ANIP); and
���REAS; the City has implemented the ?.i\4P to eain better understandine of the
current state of the Citv s infrastructure and to de�elop an efficient maintenance or improvement
plan to impro��e the overall health and sustainabilit}�of the infrastructure ; and
�'dHEREAS; the City has divided its AD�IP into nine separate asset manasement systems
and is in need of an accurate inventory and condition assessment of the various elements within
the Buildine; Drainaee; Parks, Roadway, and Urban Forestry D4anasement Systems alone cvith
development of a risk assessment and preservation and rehabilitation plan; and
\VHEREAS, in ApriL 2013; the City released a Request for Proposais solicitin�proposals
from qualified firms to provide these services; and
R�IEREAS, an intemal selection committee Las determined that Consultant is the most
qualified respondent to perform these services for the Building Drainage. Parks; and Road�vay
Manasement S}�stems; and
�VI�REAS; Consultant has ageed to recei�•e inventory and condition assessment data on
the Urban Forestry Management S}�stem eenerated by another firm and incorporate that data into
its analysis to help ensure consistency of the risk assessment amone the different asset
manaeement systecns; and y
�VZ-IEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the sen�ices requirzd of Consultant to City in accordance with the
time frames and the terms and conditions of this Ageement.
[End of Recitals. Neit Pape Starts Obligaton Provisious.]
Pasz 1
Two Parq�Agreemmt Bencem the Ciry of Chula V8m and C-HD/nc.m.°rovide�sser Manaoemer.:lni�¢n:orv and Car.drion Assusmerse�
Carsul+an:Sen�ires
� 2—� 7
OBLIGATORY PRO�'ISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follou�s:
All of the Recitals above are incorporated into this Agreement b}�this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of tbe services described on Exhibit A,
Paragraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Eahibit A, Paragraph 8; entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of\�/ork and Schedule shall be referred to as the "Defined Services."Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions i�: Scope of i��ork. City may independently, or upon request from
Consultant, from time to time; reduce the Defined Sen�ices to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed f e is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants tbat the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily eaercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. A'o T��aiver of Standard of Care. �Vhere approval by City is required, it is understood
to be concepmal approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standazds, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
,
Paoe 2
Two Parn'Agreement Bem�ecrc d�e Cip•oJCGu/a I%ism and GHD Inc ro Provide Asset Manaeementlm�enrorv and Candrt m 4 n r�
Consallunl Sznaces
� 2—� O
B. Application of La«s. Should a federal or state law pre-empt a local law; or rewlation, the
Consultant mwt complv u-itb the federal or state law and implementin� rewlations. No
provision of this �oreement requires the Consultant to obsen-e or enforce compliance w�ith
any provision; perform any other act, or do any other thing in contra�•ention of federal; state,
temtorial, or local law, rewlation, or ordinance. If compliance �vitb any provision of this
.4greement violates or would require the Consultant to violate any la�v; the Consultant agrees
to notif}� City immediately in writins. Should this occur, the City and tbe Consultant aeree
that they will make appropriate arraneements to proceed �c�ith or, if necessary, amend or
terminate this Aereement; or portions of it; expeditiously.
1. Subcontractors. Consultant a�ees to take appropriate measurz; necessary to ensure that
all participants utilized by the Consultant to compiete its oblieations under this
Agreement, such as subcontractors, comply �vith all applicable la���s, regulations,
ordinances, and policies, whether federal, state; or local; affectins Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this A�reement; the Consultant shall ensurz that the subcontractor
carries out the Consultant's responsibilities as set forth in this Aereement.
C. Iosurance
1. General. Consultant must procure and maintain; durine the period of performance of this
A2reement, and for twelve months after completion; policies of in.surance from insurance
companies to protect aoainst claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this A2reement
and the results of that work by the Consultant; his agents, representatives. employees or
subcontractors, and provide documentation of same prior to commencement of�aork.
2. Minimum Scone of Insurance. Coveraee must be at least as broad as: :
a. CGL. Insurance Sen ices Office Commercial General Liability coveraee (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form I�TUmber CA 0001 covering Automobile
Liability; Code 1 (any auto).
a WC. �Vorkers' Compensation insurance as required by the State of Califomia and
Employer's Liability Insurance.
d E80. Professional Liability or Errors R Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers coveraee is to be endorsed to
include contractual liabilitv.
3. b4inimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
Paee 3
Twro Parry'A�reemmt Be+n'ern the Ciry of Chula 1$m and GHDlnc lo Provide.4sser bfona ement Irn'nv:on�cnd Condi-iori 4ssessment�
Cortrulmnt Se�z ses
I 12-19
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggreeate limit is used, either
products and the general aggregate limit must apply separately to this
completed ProjecUlocation or the general aggregate limit must be rii�ice the
operations, as requued occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabilit : $1,000,000 disease-each em lo ee
iv. Professional $1,000,000 each occunence ---�
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At tbe option of the City, either the insurer will
reduce or eliminate such deductibles or self-inswed retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. Tbe general liability, automobile liability, and where
appropriate, the �vorker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Inszo-eds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arisin� out of automobiles owned,
leased; hired or borrowed by or on behalf of tne Consultant, where applicable, and,
with respect to liability arisin� out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. Tl�e general liability additional insured
coverage must be provided in the form of an endorsement to the ConsultanYs
insurance using ISO CG 2010 (11/SS) or its equivalent Specifically, the endorsement
must not eaclude Products/Completed Operations covera�e.
b. P7-imar�� L7surance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of tl�e
Pa�e 4
Two Parry�Agreemenr Benveen rhe Ciry of Chulrs Vism and GHD Int ro Pravide:?sset,t/ona¢enrenrLrvenrorv ond Condinon Assessment y
Cansdmnr S'crvires
� 2-20
Consultant and in no �vay relieves the Consultant from its responsibilitv to provide
insurance.
c. Cance!/ation. The insurance policies rzquired by this Agreement shall not be canceled
bv Consultant or insurer(s); except afrer thirty days' prior written notice to the Cirv by
certified mail; rerum receipt requested. The words "will endeavor' and "but failure to
mail such notice shall impose no oblisation or liability of any kind upon the
company; its agents; or representatives" shall be deleted from all certi5cates.
d. Active A'egligence. Coveraee shall not extend to an}� indemnity covera2e for the
active neeligence of the additional insureds in any case where an agreement to
indemnifv the additional insured would be invalid under Subdi��ision (b) of Section
2752 of the Civil Code.
e. A'aiver of Subrogotion. Consultanrs insurer �vill pro�ide a ��raiver of Subro�ation in
favor of the City for each required polic}�providin� coveraee for the term requued by
this Aareement. �
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage aze written on a claims-made form:
a. Retro Dote. The "Retro Date' must be sho�vn, and must be before the date of tbe
Aoreement or the beeinninQ of the work requued by the Aereement.
b. i�tai�itenmtce and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five.years after completion of the work required by the
Aoreement.
c. Cancellation. If coverage is canceled or non-renewed; and not rep!aced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Aareement, the Consultant must purchase "extended reporting ' coveraee for a
minimum of fi�e years after completion of tbe work requued by tLe Ageement.
d. Copies. A copy of the claims reportina requirements must be submitted to the City
for revie�v.
7. Acceptabilirv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of Califomia with a current A.M. BesYs ratin� of no less
than A V. If insurance is placed with a swplus lines insurer; insurer must be listed on the
State of California List of Elisible Surplus L ines Insurers (LESLI) �vith a current A.M.
Best's ratin� of no less than A X. Exception mav be made for the State Compensatio❑
Fund�chen not specifically rated.
S. Verification of Coveraee. Consultant shall furnish the City with orieinal certificates and
amendatory endorsements effectins coveraee required by Section I.C. of this Aereement.
The endorsements should be on insurance industry forms; provided those endorsements
Pase �
Twa Panv Agr¢ement Betwetn ihe Cin�of Chula V'um and GHD Inc m Pro:•ide Asse:bfanazemen:Irn'mrorv and Conditian.issessmer.t�
ConsuGar.t Services .
� 2-2�
or policies conform to the requuements of this A�reement. All certificates and
endorsements aze to be received and approved by the City before ��rork commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage requued 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 coverage for
subconsultants is subject to all of the requuements included in these specifications.
l0. Not a Lunitation of Otber Obli ations. InsUrance provisions under this Article shall not
be construed to limit the Consultant's obligations under this A�reement, including
Indemniry.
D. Security for Performance -
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at E�ibit A, Paragraph 18, in the form prescribed by tbe City and by such
sureties �i�hich are authorized to transact such business in the State of California, listed as
approved by tbe United States Department of Treasury Circular 570,
htto:/hvww.fms.treas.gov/c57Q and �vhose undcrwriting limitation is sufficient to issue
bonds in the amount required by the A2reement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otberwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit In the event that E�ibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of CrediY'), then
Consultant shall provide to the City an irrevocable letter of credit callable by tbe City at
its unfettered discretion by submittina to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
1blanager or City Attomey which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Securitv. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately precedin� the
subparaeraph entitled "Other Securit�'), then Consultant shall provide to the City such
Page 6
Two Parq•Agreemen(BeM�een U�e Ciry'of Chula hum anAGHD Ine ro Pronde Asset h9o�aeementLrrenron�anJCondir'on Assessment
Cansadmnr Serv¢es
� 2-22
other securit� therein listed in a form and amount satisfactorrv to the Risk D4anaeer or
City Attomey. �
E. Business License. Consultant agrees to obtain a business license from the Citv and to
othenvise comply with Title � of the Chula �%ista Municipal Code.
ARTICLE II. CITI'OBLIGATIONS
A. Consultation and CooperaHon. City shall reoularly consult the Consultant for the purpo;e
of revien'ine the progress of the Defined Sen°ices and Schedule, and to provide duection and
widance to achieve the objectives of tbis A�eement. The City shall allow Consultant access
to its office facilities; files and records, as deemed necessary and appropriate by the City,
throuehout the term of this Aoreement. In addition, City agrees to provide the materials
identified at Eshibit A, Paraaraph 9, with the understandino that delav in the provision of
those materials be}�ond thuty days after authorization to proceed, shall constirute a basis for
tbe justifiable delay in the Consultant's performance.
B. Compensation.
1. Followins Receipt of Billina. Upon receipt of a properly prepared bill from Consultant;
submitted to the City as indicated in Eahibit A; Paragraph 17, but in no event more
frequently than monthly; on the day of the period indicated in Ea:hibit A, Paraeraph 17;
City shall compensate Consultant for all sen=ices rendered by Consultant accordino to the
terms and conditions set forth in Elhibit A; Paraoraph 10; adjacent to the go��emina
compensation relationship indicated by a "checkcnazk" next to the __appropriate
arrangement, subject to the requirements for retention set forth in Pazagraph 18 of
E�ibit A; and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragaph 11.
2. Supportine Information. Any billine submitted by Consultant shall contain sufficient
information as to the propriery of the billing, including properly executed payrolls; time
records, invoices, contracts, or vouchers describing in detail the narure of the charees to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain [he City's account number indicated on
Exhibit A; Paza�aph 17(C) to be charoed upon making such payment.
3. Exclusions. In determinine tbe amount of the compensation City will exctude any cost:
1) incurred prior to the effective date of this A�eement; or 2) arisina out of or related to
the errors, omissions, neeligence or acts of willful misconduct of the Consultant; its
asents, employees, or subcontractors.
a. Errors and Omissions. In the event that the Citv Administrator determines that
the Consultanrs neglieence, errors, or omusions in the performance of ���ork
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negli�ence, errors, omissions; Consultant shall
reimburse City for any additional expenses incurred b}� the City. \'othine in this
Paee 7
Two Pam•Agreemmr Beru•een�he Cin•ojChula Fina and GXD!na ro Prm�ide Asse:.Nanoeemem Inven:or:cnd Candition Assessmmr v
Conrul+an:Sen�ices
12-23
paragraph is intended to limit City's rights under other provisions of this
Aereement.
4. Pati�rnent Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City fmal decision about �i�hether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
aclrnowledges that City ���ill 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 statin� its reasons. The Consultant
I agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. ConsadtaraCs Obligatiort to Pav. Upon notification to the Consultant that specific
amounts are owed 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 Consultant
1. Consultant is Desi�nated as an FPPC Filer. If Consultant is designated on E�ibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of tbe Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are speci6ed in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Particioation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consukant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a seuch and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fau 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.
Paee 8
TwoPrsrq•AgreemerstBenveentleeCin�ofCH�daVismanJGHDlnc.roProvrde.9s.retdlnno¢ementG:venmrvandCandnmAtt ty
Cons+dmnt Servses
12-24
4. Promise Not to .Acquue Conflictino Interests. Resardless of whether Consultant is
desienated as an FPPC Filer; Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest durine the term of this
A�reement w�hich �vould constitute a conflict of interest as prohibited by the Fair Political
Practices Ac[.
5. Durv to Advise of Conflictine Interests. Resardless of�vhetber Consultant is desisnated
as a❑ FPPC Filer,. Consultant further warrants and represents that Consultant will
unmediatel}• advise ffie City Attomey if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act; and reeulations promulgated thereunder.
6. Soecific �\Tarranties Aoainst Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate familv members. nor Consultant's
emploti=ees or agents (Consultant Associates) presently have any interest, directly or
indirectl}�, whatsoever in any property�vhich may be the subject matter of the Defined
Services, or in any property�vithin 2 radial miles from the exterior boundaries of any
propem� u�hich may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in E�ibit A; Pazagraph 14.
b. I�io promise of future employment, remuneration, consideration, oratuity or other
reward or eain has been made to Consultant or Consultant Associates in connection
wiih Consultant's performance of this Aareement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafrer.
c. Consultant Associates shall not acquire any such Prohibited Intzrest witbin the Term
of this Agreement; or for tu�elve months after the expiration of this Agreement;
except�r-ith the ��Titten permission of City.
d. Consultant may not conduct or solicit any business for any party to this Aareement,
or for any third party that may be in conflict with Consultant's responsibilities under
this A�eement, except with the k�ritten permission of City.
IV. LIQUIDATED D.�4AGES
A. Application of Section. The provisions of this section apph� if a Liquidated Damaaes Rate
is provided in E.�hibit A, Paragraph 13. "
1. Estimatine Damases. It is acknowledged by both parties that time is of the essence in the
completion of this�greement. It is difficult to estimate the amount of damaees resulting
from dela� in performance. The panies ha�°e used their judgment to arrice at a reasonable
amount to compensate for delay.
Paee 9
Two ParaAgie¢m¢m Bero•een th[Ciq�of Chula Irism a�d GHD Inc m Provide Atser Manaeemem Insmrorv and Condina�4ssessment y
Couvltan:Senvices
12-25
2. Amount of Penaltv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the followin� penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective �;�ork assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Para�raph 13 (Liquidated Damages Rate).
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
govemmental delays, acts of God, fue, 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 designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be sho�vn that such delays did or will delay the progress of the work.
ARTICLE V. NDEMNIFICATION
A. Defense, Indemnit��, and Hold Harmless.
1. General Reqnirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, includin� wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attomeys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by Califomia Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaming to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
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Two Par��Agreement Ben.•een the Cip�of Chula [um and GHD Lrc m Prmade.Asset Alanneernenr Lrvenron and Condrtmn Asszssmertt
Consulmm Serures
� 2-26
performance of Consultanrs services. Consultant's duty to defend; indemnify, and hold
harmless shall not include any claims or liabilities arisine from the sole nealieence, active
neeligence or willful misconduct of the Citv, its agents. officers or employees. This
section in no w-ay alters, affects or modifies the Consultanrs oblisations and duties under
this Aereement. y
3. Costs of Defense and Award. Included in the oblisations in Sections A.1 and A.2, abo��e,
is the Consultanrs oblieation to defend, at Consultant's o�tin cost; expense and risk, any
and all suits; actions or otber legal proceedin2s, that may be broueht or instituted aeainst
the City; its d'uectors; officials; officers, employees; a2ents and/or volunteers; subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judement;
award or decree that may be rendered a2ainst City or its duectors, officials; offcers;
employees, a�ents and/or volunteers, for any and all related leeal expenses and costs
incurred by each of tbem, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's oblieation to indemnifv shall not be restricted to
inswance proceeds, if any, received by tbe City, its d'uectors; officials, of6cers,
employees, agents; and/or volunteers.
�. Declarations. Consultant's oblisations under Article V shall not be limited by any prior
or subsequent declazation by the Consultant.
6. Enforcement Costs. Consultant a�rees to pay any and all costs Ciry incurs enforcine the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultanrs oblioations under Article V shall sun%ive the termination of this
Aereement. y
ARTICLE VI. TER���IATION OF AGREE1g\�T
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner ConsultanPs obligations under this Aereement, or if Consultant shall violate
any of the covenants, a�reements or stipulations of this Aereement; City sball have the right
to terminate this Aoreement by giving �tiritten notice to Consultant of such termination and
specifying the effective date thereof at least five (�) days before the effective date of such
termination. In that event, all fmished or unfinished documents; data, srudies, surve��s;
drawings; maps, reports and other materials prepazed bv Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entifled to receive just and
equitable compensation, in an amount not to exceed that payable under this Aereement and
less any dama�es caused City by Consultant's breach; £or any work sati;factorily completed
on such documents and other materials up to the effectivz date of Notice of Termination.
B. Termina6on of agreement for Convenience of Cih�. City may terminate this Agreement
at any time and for any reason, by eivina specific «7itten notice to Consultant of such
termination and specifyine the effectice date thereof at least thirty (30) da}�s before the
effective date of such tennination. In that event. all fmished and unfinished documents and
Paee 11
7wn Parn�Ae�eem[nt BeM�em the Ciry'of Chuk !'�am und GHD Inc.m Provid¢esstr Mana¢¢mert:Gsnuorv and Conciion Assessmer.t
Corttvlmnt Sen•icu
� 2-27
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paraeraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees 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 «�ork, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AI�TD CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a fmal certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant aerees to perform financial and compliance audits the
City may requue. 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 fonx�ards the final payment or acknowled2es that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth ui a written notification from City
ARTICLE IX. NfISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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Two Parn•dgreement Between the Cip�ofCheda Visrn and GXD Inc ro Proride Asa'er Mnnaeement hrsenron�and Coadrimr Assessmen�
Consulmnt Services
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1. Limited Consent. City hereby consents to the assisnment of the portions of the Defined
Sen�ces identified in Exhibit A. Paragraph 16�to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership; Publication, Reproduction and Use of D4aterial. All reports; studies;
information, data, statistics; forms, desiens, plans; procedures; s}'stems and any other
materials or properties produced under this Aereement shall be the sole and e�clusive
property of City. No such materials or properties produced in ���hole or in part under this
Aereement shall be subject to private use, cop}ziehts or patent rights by Consultant in the
United States or in any otber country without the express �c�itten consent of City. Citv shall
have unrestricted authority to publish; disclose (eacept as ma}�be limited b}�the provisions of
the Public Records Act); distribute, and othenvise use, cop}rieht or patent, in «�hole or in
part, any such reports, studies, data; statistics; forms or other materials or properties produced
under this Aereement.
C. Independent Contractor. City is interested onh�in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performine the services required under this Agreement. Cih� maintains the riaht only to
reject or accept Consultant's work products. Consultant and any of the Consultant's a�ents,
employees or representatives are, for all purposes under this Aareement; independent
contractors and shall not be deemed to be employees of City; and none of them shall be
entitled to any benefits to which City employees are entitled includino but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City�vill not withhold state or federal income tax, social security tax or
any other pa}�oll tax; and Consultant shall be solely responsible for the payment of same and
shall hold che City harmless with re�azd to them.
_ 1. Actions on Behalf of Ciric Except as City may specify in w7itin�; Consultant shall have
no authority; express or implied, to act on behalf of City in anv capacity whatsoever, as
an aaent or other�vise. Consultant shall ha�e no authority, express or implied, to bind
City or its members, a�ents, or employees; to any obligation�vhatsoever; unless expressly
provided in this A�eement.
2. \TO Oblieations to Third Parties. In connection with the Project; Consultant a�rees and
shall require that its aeents, employees, subcontractors aUree that City shall not be
responsible for any obligations or liabilities to any thud party; includin2 its aeents,
employees, subcontractors; or other person or entity that is not a party to this A2reement.
Not�•ithstandine that City may have concurred in or approved any solicitation;
subagreement; or third parry contract at any tier; City shali have no oblieation or liability
to any person or entity not a party to this Agreement.
D. ,�dministrative Claims Requirements and Procedures. No suit or azbitration shall be
brought arising out of this Agreement; aeainst City unless a claim has fust been presented in
u-ritine and filed with City and acted upon by City in accordance ��°ith the procedures set
forth in Chapter 134 of the Chula Vista D4unicipal Code, as same may from tune to time be
amended; the provisions of which are incorporated by this reference as if fullv set forth
Paae 13
7'wo Parn�Agreement Benaem rhe Ciry�of Chufa t4sm u�d CHD/nc ro Proride Asrer Afartaeemem Insenrorv and Candirion Assessment
Caruultant Servires
12-29
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of tbis Agreement.
fi. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Eshibit A, Paragraph 12, as that part}�'s contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall temiinate w-hen the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Sl�ould 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 incurred. The "prevailing party°
shall be deemed to be the party�vho is awarded substantially the reliefsought.
H. Statement of Costs. In the event tbat Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. Ifthe box on Exhibit A, Paragraph 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
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody tbe entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or dischazge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Ageement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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Twn Parry'.9e�erment Betweem the CiR'aJ'Chu[n Vism and GND Ina m Provide Asset Mnnn¢emenlGn�rnmrv and Cond non dsses ment
ConsaJtant Senvices
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\4. Go�'erning La�v/Venue. This Agreement shall bz eovemed bv and construed in accordance
cvith the laws of the State of California. An}= action arisine under or relatino to this
Aereement shall be brought only in the federal or state cour[s located in San Dieeo County,
State of California; and if applicable, the City of Chula Vista; or as close thereto as possible.
\%enue for thi� A2reement; and performance under it; shall be the City of Chula Vista.
(End of pa;e. \est page is sianature page.)
Paae l�
7w•o Pam•Agreement Berween the Cin•ofChula Pum and G'r.'D Inc.ro Provide.4sser M1lona¢emem Immrorv�nd Condi:ion Assessmenr
Consul:anl Se)vicei
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Signature Page
to
Agreement between
City of Chula Vista and
GHD Inc.,
To Provide Asset Management Inventory and Condition Assessment Consultant Services
IN WITNESS WHEREOF, Ciry and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
By. ' -
James D. Sandoval
City Manager
Attest:
Donna Noms, City Clerk
Approved as to form:
Glen R. Googins, City Attomey '
GHD Inc.
�
By:
Colin Chung '
Business Co ulring Service Group Manager
E�chibit List to Agreement: Exhibit A
Exhibit B
E�chibit C
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TwoParryAgreementBetweenfheCiryofChulaVLstaand HDbtctoProvideAsselMana�ement/m�en(orvandCo�dinonAssessmen!
on u(gnf n�i[es
12-32
Eahibit A
to
Agreemeot behveen
Cih' of Chula V"ista
and
GHD Inc.
1. Effective Date: The Aereement sball take effect upon full execution of the A�reement; as of
the effective date stated on page 1 of the Aereement.
2. Cirv-Related Encine
(X) City of Chula Vista; a municipal chartered corporation of the State of California
O The Chula Vista Public Financine Authority; a -
O The Chula Vista Industrial Development Authorih�, a
( ) Other: , a [insert business form]
(City)
3. Place of Business for City:
City of Chula V"ista
276 Fourth Avenue
Chula V'ista, CA 91910
4. Consultant:
GHD Inc.
�. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporatio❑
6. Place of Business. Telephone and Fa�Number of Consultant:
GHD Inc.
164�1 Scientific «'a�•
Irvine, California 92618
(949) 2�0 0501
Paee 1 i
Two Parn•Agreement BtM•ern the CiN of Chula IQsm and GHD Inc.m Proride AsseLLlanaeemertt lnsererorv ond Candi7an AsSe55men(
Cou�dmnt Senvices
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7. General Duties:
Consultant shall prepare and deliver to the City an Asset Register and Condition Assessment for
the City's Building, Drainage, Parks, and Roadway Management Systems and Consultant shall
prepare and deliver to the City a Risk Assessment and Preservation and Rehabilitation Plan for
the City's Building, Drainage, Parks, Roadway, and Urban Forestry Management Systems. The
information shall be compiled in a format so that the data can be integrated with Lucity's
infrastructure management software proa am so the City can track and analyze the asset
information.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall perform all of the services described on E�ibit B. ---
B. Date for Commencement of Consultant Services:
(X)Same as Effective Date ofAgreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: An Asset Register as more fully defined on Exhibit B compiled in a
format so that the data can be integrated with Lucity's infrastructure management
softwaze program so tbe City can hack and analyze the asset information.
Deliverable No. 2: A Condition Assessment as more fully defined on E�ibit B compiled
in a format so that the data can be integrated with Lucity's infrastructure management
software program so the City can track and analyze the asset information.
Deliverable No. 3: A Risk Assessment as more fully defined on Exhibit B.
Deliverable No. 4: A Preservation and Rehabilitation Plan as more fully defined on
E�chibit B.
D. Date for completion of all Consultant services: December 2014.
9. Materials Required to be Supplied by City to Consultant:
The City shall provide specific attributes that have been collected for each asset type within the
City's Building, Draina�e, Parks, and Roadway Management Systems and will provide trainins
or direction as needed on how staff has been performing the assessments and will make staff y
available as needed to review and provide comments and feedback on the Asset Register.
The shall City shall provide inventory and condition assessment data for the Urban Forestry
Management System collected by a third party in a format that will allow Consultant to readily
PaQe 18
Twa Parry�Aereement Benveen the Cip�of Chrda I•isra and GHD(nc ro Proride.4sset Mnno¢enrenrGirenrorv and Condrt or Asses nrenr
Consulranr Servires
12-34
perform the Scope of Sen-ices as it relates to tbe Urban Forestry D4anaoement System w�ithout ,
havine to collect or field verifv the data.
10. Compensation:
A. (J�)Single Fixed Fee Arrangement.
For performance of all of the Defined Semices by Consultant as herein requued, Ciry shall
pay a single fixed fee in the amounts and at the times or aulestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: Fice Hundred Thousand Dollazs (5�00;000.00); payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
O 1. Interim D4onthly Advances. The City shall make interim monthly advances
aeainst the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any pa}�ments made hereunder shall be considered as interest
free loans that must be retumed to the City if the Pbase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall recei�-z credit
aeainst the compensation due for that phase. The retention amount or percenta2e set
forth in Pazagraph 19 is to be applied to each interim pa}�nent such that; at the end of
the phase; the full retention has been held back from the compensation due for that
phase. Percentaee of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator desienated herein by the City, or
. such other person as the City Manaoer shall desi�nate, but oniy upon such proof
demanded by the City that has been provided,.but in no event shall such interim
advance payment be made unless the Consultant shall have rzpresented in«7itine that
said percentage of compietion of the phase has been performed by the Consultant.
The practice of makin� interim monthly advances shall not convert tbis aoreement to
a time and materials basis of pa}�nent.
B. ( ) Phased Fixed Fee Arransement.
For the performance of each phase or portion of the Defined Services bv Consultant as are
separately identified below, City shall pay the £Lxed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase; and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. S
2. S
Paee 19
Two Parn•A��eement Ben.'ren tht Ciry•of Chv(a 1 o'm ond GAD Inc.tn Prm�ide Asset Mancoement Imen:arv cnd Condiicn Assessm¢m
Cauul:am Servires
12-35
3. $
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be retumed to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herem by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by tbe Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X)Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
£ollowing terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Not�vithstanding the expendihue by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $ , including all
Materials, and other"reimbursables" (Maximum Compensation).
(2) (X)Limitation without Further Authorization on Time and Materials Arrangement
a Consultant shall perform the Scope of Wark in Exhibit B for a not-to-eaceed limit
of $500,000.00. If required by City, consultant shall perform Additional Services as
defined in Section 2 of Article I. on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit C unless a separate fixed fee is otherwise agreed upon.
At such time as Consultant shall have incurred time and materials equal to
$650,000.00 (Authorization Limit), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the City.
Paee 20
Two Past��Agreemeitt Between(he Citr of Chufa {�7sm and GHDlnt m Pravide Asse�dfunnpement/ncenrorv and Canduion dssessment
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Nothing herein shail preclude Consultant from providine additional Services at -
Consultant's o«n cost and expense.
O Hourly rates maV mcrease by 6% for sen�ices rendered after [month], 20_, if delay
in providino services is caused bv Cit}�.
11. Materials Reimbursement Arraneement
For the cost of out of pocket e�penses incurred by Consultant in the performance of senrvices
herein required; Ciq�shall pay Consultant at the rates or amounts set forth below:
(A�None; the compensation includes all costs.
Cost or Rate
( ) Reports; not to exceed 5 - - $
O Copies, not to exceed S S
( ) TraveL not to exceed S $
( ) Printins, not to exceed S $
O Postaee; not to exceed S $
O Delivery, not to exceed S g
( ) Outside Senices: g
O Otber Actual Identifiable Direct Costs: �
, not to exceed S S
; not to exceed S S
12. Contract Administrators:
Ciry: Iracsema Quilantan, Assistant Director of Public �Vorks Operations
Consultant: Colin Chung, Business Consulting Service Group.D4anaoer
li. Liquidated Damaee; Rate: "
( ) S per day.
( ) Other:
14. Statement of Economic Interests; Consultant Reponms Cateeorizs; per Conflict of Interest
Code (Chula Vista D4unicipal Code chapter 2.02): y y
O Not Applicable. Not an FPPC Filer.
(X)FPPC Filer
(X) Catesory\o. 1. In��estments; sources of income and business interescs.
Pase 21
7wo Pa�ry•A�reemenr Between the Cip�of Chulu V'um unAGHD Inc ro Provide:!sse:Manneement inrenron�and Condinon Assessment �
Couultant Servicu
12-37
O Category No. 2. Interests in real property.
( ) Categor}� No. 3. Investments, business positions, interests in real property, and
sources of income subject to the reb latory, permit or licensing authority of the
department administering this Agreement.
O Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
O Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment A�ency to provide services, supplies, materials,
machinery or equipment. - -
O Category No. 6. Investments and business positions in business entities and sources of
income that, within the past tw�o years, have contracted with the department
admuiistering this Agreement to provide services, supplies, materials, machinery or
equipment.
O List Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
15. O Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Permitted Subconsultants include ��hitestone Research, Affordable Pipeline Services, and AMS
Consulting.
17. Bill Processing:
A. ConsultanYs Billing to be submitted for the following period of time:
(,�Monthly
( ) Quarterly
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Two Partr Agreement BeMren Ihe Ci��ojCh�da b'tsla and GHD Inc m Provide Assei htnrzr.nen+enr/memorv ond Condihm�Assessmen!
Consedmnt Ser�aces
12-38
( ) Other:
B. Day of the Period for submission of Consultant's Billina:
(X)First ofthe Month
( ) ]>th Day of eacb D4onth
( ) End of the ?�4onth
( ) Other:
C. City's Account Number: [T'O BE ASSIGNED]
18. Security for Performance
( ) Performance Bond; S
( ) Letter of Credit; S -'
( ) Other Security:
Type:
Amount: S
(X)Retention. If this space is checked, then norivithstandine other provisions to the contrary
requirine the payment of compensation ro the Consultant sooner;the City shall be entitled
to retain, at theu option, either the follow-ine "Retention Percentaae'' or"Retention
Amounr' until the City determines that tbe Retention Release Eaent; listed below, has
occurzed:
(}� Retention Percentaee: _10%
( ) Retention Amount $
Retention Release Event:
(J� Completion of All Consultant Services
( ) Other:
O Other: The Retention Amount may be released on a monthh�basis provided that
Consultant has performed said monthly services ro the sole satisfaction of tbe Assistant City
Manager/Director of Development Sen�ices or lris desionee.
Paee 23
Two Parry•Agr¢emen+Bem�een�Fe Ciry•of Chula V'uta and GHD/nc ro Provide Asset.Nanaeenient h�vnvror:and Candinon Assessmem
Caruvlmr.t Servicu
12-39
I
Exhibit B
to
Agreement between
Citv of Chula Vista
and
GHD Inc.
Scope of Work
The following definitions are incorporated herein by reference.
Building Management System. The Building Management System encompasses all structural
and mechanical elements pertaining to all City owned buildings and structures mcluding, but not
limited to, carports and arbors; and shall include the interior and the exterior of each buildin� and
structure extending to five feet from the building or structure. The Building Management System
also includes the City's thirteen recreation facilities that are located in or adjacent to City parks.
The Building D4anagement System as it relates to the Scope of Works does not include the City's
pools, fue risers, photovoltaic systems, and communication assets.
Drainage Management System. The Drainage Management System encompasses all City owned
drainage structures, pipelines, and channels.
Parks Management System. The Parks Management System encompasses all City owned park
infrastructure including, but not limited to, 'urigation systems, hardscape elements, lighting,
comfort stations, monuments, tot lots, parking lots, and water features. The Parks Management
System as it relates to the Scope of Works does not include lawns or planted material or City
owned trees located within the parks, which are included within the Urban Forestry Management
System. The City has 56 City-maintained parks.
Roadway A4anagement System. The Roadway Nanagement System encompasses all
infrastructure elements within the public right-of-way. The Roadway Management System as it
relates to the Scope of Works does not include pavement (addressed in the Pavement
Management System) or street trees, w-hich are included within the Urban Forestry Management
System.
Urban Forestry Management System. The Urban Forestry Management System encompasses all
street trees within the public right-of-way or within adjacent tree easements and all trees within
the 56 City-maintained parks.
The Scope of�'�'ork shall include, but is not limited to, the following Phases for the Building,
Drainage, Parks, and Roadway Management Systems:
Asset Inventorv
Consultant shall identify the assets owned and managed by the City and consolidate the
information into a centralized database, an asset register, that records all of the City's capital
assets for each system. The asset register shall provide the necessary asset data attributes
Page 24
Two Parg�Agreement Benceen tl�e Cin�of Cku(n Vis1a anAGHD(nc.ro Pror+de Asser Nnnaeen�enrL�venmrv and Conditimr Assessmenr
Consulmnt Serrices
12-40
;
requued to support asset manaeement decisions and form links betu�een ail asset-related
applications or information svstems and enable tbe assessment of the assets as individual
components, composite assets; or �oups of assets. The asset reeister shall be delivered in a
format so that the data can be inte�-ated with Lucity's infrastructurz manaeement sofnvare
proaram so the City can track and analyze the asset information. y
Development ofthe asset reeister shall include the follo���ine five components:
1. Asset Consolidation. Consultant shall w•ork �ti�ith the City to e�tablish asset definitions
�vithin each asset manaeement system based on asset management best practices. Based on the
established asset defmition; Consultant �a�ill consolidate all available asset information from tLe
Ciri�'s existins information. Assets will be Filtered based on the established asset definitioa and
data eaps will be identified. Data eaps (e.e., install year, size; t}pe) �cill be identified to be
populated during the physical asset inventory process.
2. 9sset Hierazchy. Consultant will develop an asset hierarchy based on asset
manaeement best practices to provide a structured framework for organizing assets in the asset
reaister that «ill enable the City to easily locate an asset and obtain data (e.g, valuation, risk,
remainin� life) requued to support asset manaoement decisions. The hierarchy will have a
structured relationship (Parent-Child) allowing consistent roll-up/roll-do�in of cost data.
3. Asset Classification. Consultant will work witb City staff to develop the appropriate
asset classes required to support the asset manaeement plan. An asset class can be defined as a
�oup of assets with similaz type; function, useful life; and pricine attributes (e.g.; size, material,
power).
4. Asset Inventory. «'orking off the initial data gap identified in the asset consolidation
process, Consultant will perform a physical asset inventory for each asset manaeement system to
identifi� the unaccounted for assets and/or to reinforce the asset data attributes. The inventory
process will involve, �ahere appropriate, taMng a photo of the asset and recording its asset
attributes in the asset reeister.
�. Asset Valuation. For each asset in the asset register, Consultant will determine an
estimated replacement cost. \Vhere the City has recent replacement cost information, Consultant
will determine the replacement cost based on the recent data. �T�There replacement cost data is not
available, Consultant will provide an estimated replacement cost usine its cost database.or by
extrapolating past City cost data. R'here appropriate, various valuation strateeies will be.
recommended, �vhich may include the use of unit pricing or cost curves. y
Condition Assessment
Consultant shall perform a systematic technical re��iew of each asset's physical state to identify
the immediate work required and provide an indication to the timine to failure so the City can
proactively manage the asset to prevent failure. y
Consultant's condition assessment approach ���ill start �c=ith consolidation and re�iew of all
e.Yistins condition assessment records (i.e.; pavement). E�istin� condition assessment records
Pase 25
Two Pam�Ag�eeme�u Bmrem�he Cin•of Chulrt Dism aM GHD Inc to P:ovide Asser 47onaeenr¢m/nren;or;cnd Covdi:ion Assesmrenr
Consul:anr Sen•irer
12-41
will be examined with respect to data confidence (i.e., when the assessment took place) and
applicability towards supporting asset management decision. Once the existing condition
assessment data has been reviewed, any need for further condition assessment will be identified.
V�'here no condition data exists, Consultant will perform physical condition assessment of the
asset.
Consultant shall also measure the reflectivity of signs owned by the City and located in tbe City
right-of-way (approximately 19,000 signs) based on the federal standard listed in the Cal-Trans
manual. Consultant shall record the level of reflectivity of each sign and shall incorporate the
data into the Preservation and Rehabilitation Plan to help the City prioritize the replacement of
signs to comply with federally mandated reflectivity levels.
The condition assessment process will be based on criticality of the asset. For each asset
management system; critical assets will be identified, and theu condition will be assessed.
Condition assessment of non-critical assets will be based on the following elements: condition
score of similar critical asset, age based approach, staff knowledge, and/or condition data from
other cities or reference materials.
Consultant will also implement a tiered approach to condition assessment. At the first level
(Level 1), a condition score will be assigned to all assets based on existing condition data, staff
l:nowledge, and age and decay profile of the asset. Assets identified as being in poor condition,
requiring condition score, or critical will be subjected to a physical condition assessment in
Level 2. The physical assessment process will not only help verify the estimated condition, but
also will help identify the cause of the deterioration (failure mode). In addition, at least 10% of
the non-critical assets �vill be subjected to a physical condition assessment in Level 2 to help
verify the accuracy of the assigned condition score. For assets wbere there is a noticeable
difference between the assigned condition score and the observed condition, physical condition
assessments shall be increased as needed to ensure that the condition score that is recorded is
reasonably reflective ofthe actual condition ofthe asset.
Consultant will also establish a condition assessment scoring system that will allow the City to
use the same condition assessment scale and process after the completion of the initial condition
assessment. For key asset classes, the condition assessment protocol will establish the condition
rating scale and provide a description for each condition score. This will establish the
consistency requued to support asset management decisions.
The Scope of\'Vork shall include, but is not limited to, the following Phases for the Building,
Drainage, Parks, Road���ay, and Urban Forestry Management Systems:
Risk Assessment
An estimate of each asseYs risk to the City will be calculated to help prioritize asset manaLement
decisions. The risk assessment will be composed of three key elements (BRE methodology).
1. PoF (Probability of Failure) measures tbe asseYs likelihood of failure.
2. CoF (Consequence of Failure) evaluates the direct and indirect impacts of the asset
failure against the triple bottom line factors (Environment, Economic, Social).
Paee 26
Two Parry Agreemenf Between the Cim oJChuln Dum anA GHD lnc.m Prowde Asset Manopement hsenmrv ond Conditmn Astessment
Consedlant Se�vices
12-42
3. Redundancv adjusts the probability of failure based on available redundancv in the
s��stem
The relationslup of the elements of the BRE methodolosv will be calculated for each asset usinQ
the followine formula. y
Risk=PoF x CoF x Redundancy
Through workshops, Consultant will work with the City to determine appropriate risk assessment
methodology for each asset manaeement system and assess risk for each asset in the asset
re�ister. A risk score will be assiened to each asset in the asset reeister to help prioritize the use
of limited resources. Consultant will pro��ide the City with methodology and tools (e.�.; risk
scoring criterion) needed to assess the risk associated with each asset Through the assessment,
high risk assets will be identified and documented in the asset resister.
Risk results will be presentzd in multiple ways. For each facility, a risk matrix and summary
eraph will be developed. Risk maps, in the form of GIS layers, will be developed for linear assets
(e.�., roadway; draina2e) to provide a visual representation of the results. Among others; the
maps u�ill include PoF, CoF; BRE, condition; and installation profiles.
Preservation and Rehabilitation Plan
For each asset mana�ement system, Consultant will develop a customized tool that will be able
to model the future renewal projection for the City assets. Incorporatine the outputs of the
previous phases, Consultant will use the tool to model the future rene�i�al at 30-veaz; �0-year; and
100-year planning horizons. The long-ranse rene�val projections will establish the future
financial requuements necessary to provide sustainable service over each of the timeframes.
In addition, a list of assets and their required actions (e.2., rehabilitation; replacement) u-ill be
_ available for each forecasted year. Furthermore, each asset action will be accompanied by
estimated cost and a risk score to assist in the future CIP project planning efforts. Consultant will
w•ork w�ith the City to develop up to fi��e fundino scenarios that show the projected impact of
budgets on work backloe and risk at certain fundin� levels.
The results of these sensitivity analysis scenazios �vill be_documented in the asset manasement
plan. The findines of the sensitivity analysis w•ill be used as the recommendation for
development of tbe City's furure financial plan.
Presentation of Findinss
Consultant shall provide a status update(s) to City b4anaeement; the Asset b4anaoement Proeram
Ad«sory Committee and the City Council and a fmal presentation of findinss to the City
Council at dates and times mutually agreeable to City and Consultant. y
Paoe 27
Two Parn�Agr¢em¢nt Bem•een the CiN ofChu(a V"um and GHD(nc.m Proi•ide Asset Manaeement im�enmrv and Conduiorv dssesamer.t
Cansul;mt Services
12-43
Ethibit C
to
Agreement between
Citv of Chula Vista
and
GHD Inc.
Rate Schedule
Position/Firm Hourlv Rate
Colin Chung (Pro ect Mana er) S230
Ludy Smeets (Project Duector) $200
Peter Lufl:in �230
Jon Miller �190 �
Iday Syachrani �165
Cor Jones $155
Sean Pour $145
Vince Cruz $130
Michelle Kim 5110
Duane Johnson/APS $185
AMS Consulting $120
Paee 28
Two Parq�Agreernent Between the Ciq�ojChula Vism and GHD Ine to Pro}�ide Asse1 Manneement InYenmrv md Cond�nm�Assessment
Consad(ar�v Sen•ic¢s
12-44
RESOLUTION NO.
RESOLUTION OF THE CITY COLJtiCIL OF THE CITI' OF
CHtiLA VISTA APPROVIIvG AI�' AGREEMEIvT TO PROVIDE
ASSET A4AI�TAGEMENT II���ENTORY AND CONDITION
ASSESSA4ENT CONSULTAI�'T SERVICES BET�'��EE?�T THE
CITI' AND WEST COAST ARBORISTS. Ii�'C.
R'I-IEREAS, at the Mazch, 2013 Cin� Council Infrastructure R'orkshop, City staff
identified a need for an inventon� and condition assessment of the Cin�'s assets to assist the Citv
in prioritizing the allocation of limited resources for the maintenance and replacement of the
Citv's infrastructure: and
WHEREAS. a request for proposals (RFP) �i�as issued on April �,2013 and six proposals
�ti�ere received on May 9, ZOli for asset manaeement inventory and condition assessment
services; and
WHEREAS, a selection committee comprised of City staff revie�red the proposals and
invited the nvo most qualified firms for each asset manaeement system in for intervie�rs; and
WHEREAS. based on the information provide in the RFP submittals and subsequent
intervie�vs, City staff recommends eneaeing recommends eneasing �'�'est Coast Arborists, Inc.
_ for asset management inventory and condition assessment services for the urban forestrv
management system; and
WHEREAS. the Public Works Department has budeeted 5�00,000 for asset ma�aeement
inventorv and condition assessment services in fiscal vear ?013-14: and
�VHEREAS, a scope of services and pricine were neeotiated bet�veen West Coast
Arborists, Inc. and Ciri� staff and an agreement has been prepared using the City's standazd n��o-
pam� aereement format; and
�'�'HEREAS, the cost for the proposed work is S»,000 for the base scope of sen�ices, and
the a2reement has a limit of S100,000 to allow for additional consultant services as needed,
provided additional funds are identified and appropriated in a subsequent Cih� Council action.
J:V+ttomer�F'ItdAL RESOS AIdD ORDIXANCES�013\l l I9 13UtES0-PW-Asset Manaeement Con[rac[s.doc
I 1/12R013 2:40 PD1
12-45
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the agreement to provide asset management inventory and condition
assessment services between the City and West Coast Arborists, Inc. in the forrn presented, as
may have been modified by the Council prior to its approval and with such minor modifications
as may be required or approved by the City Attomey, a copy of which shall be kept on file in the
Office of the City Clerk, and authorizes and directs the City Manager to esecute same.
Presented by Approved as to form by �
/ � _ --/ ..-
; rl� �,
Richazd A. Hopkins I�en R. Goqgins
Director of Public Works City Attorney
J:Wttorne}�\FMAL RESOS AND ORDINANCES�2013\I 1 19 13�RES0-PW-Asset�lanagement Contracts doc
1 I/12/?013 2.40 Pn1
12-46
THE ATTACHED AGREEMEI�TT HAS BEEI�' REVIE«TED .
AI�TD APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE C TY COUNCIL
�
� ---
� len R. Googins
City Attorney
Dated: I� %�j
AGREEMENT
BETWEEN
TI� CITY OF CI-IULA VISTA AND
VJEST COAST ARBORISTS, INC.
TO PROVIDE ASSET MANAGEMENT INVENTORY AND
COI�TDITION ASSESSMEI�TT CONSULTAI�T"f SERVICES
12-47
Agreement 6etN�ecn
City of Chula Vista
and
VVest Coast Arborists, Inc.
To Provide Asset Managemenf Tnventory and Condition Assessment Consultant Sen�ces
This agreement .(AgreemenQ, effective , is between die Citv-related
entity whose nan�e and business form is indicated on Exhibit A; Paragraph 2, (City), and the
entity whose name, business form, place of business and telephone numbers are indicated on
Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following
Facts:
RECITALS
WHEREAS, One of ihe Cih�s Strategic Goals is ro 'maintain "Strong K Secure
Neigbhohoods and one of the initiatives. within that ,goal is to preserve.and restore City
infrastruoture through the Asset Managemeni Pmgram (AMP); and
WHEREAS, the Ciq• has implemented the AMP'to gain better understanding of the
current state of the City`s infrastructure and to develop an efficient maintenance or improvement
plan to improve the overall health and sustainablility of the infraswctwe : and
WHEREAS, the City has divided its AMP inro nine separate asset managemen2 systems
and is in necd of an accurate inventory and condition assessment of t}ie ��arious elements within
the Building, Drainage, Parks, Roadway, and Urban Forestry hlanagemen[ Systems along with
development of a risk assessment and preservation and'rehabilitation plan; and
WHEREAS, in April, 2013, the Ciry released a Request for Proposals soliciting proposals
fram yualified fims to provide tliese services; and
WHEREAS, an intemal selection committee has determined that Consultant is the most.
qualified respondent to perforn� these services for the Urban ForesVy Management System; and
WHEf�.AS, Consultaut warranu and represents that it is experienced and staffed in a
manner such lhat it can deliver the services required of Consuliant to City in accordance with the.
time frames and the terms and conditions of this Agreement.
�End of Recitals. Next Page Starts Obligaton� Provisions.)
i
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12-48 �
,
OBLICATORI' PROI'ISIOVS P.ACES
NOW, THEREFORE. for.valuable c;onsideration t6e Ciry and Consultant-do hereby mutually
a�ee as follows: '
All of ih_e Reciials abo�-e_are incorporated into this Agreement by this reference.
.4RTICLE ]. CO\SULT.4NT'3 OBLdGAT10NS
A. General
1, General Duties; Con§ultant shall perform all of t}ie seri•ices described.on Exhibit,A,
Paragraph 7 (General Duties).
Z. Scope of Work and Schedule: In performing and delivering. the General Duties,
Consultant shall also' perform- thc scrJices, and. deli��er to Citv the '�Deliverables"
descritied in Exhibit A, Paraeiaph S, entiiled "Scope of��Vorl: and Schedule,' according
to, and w�thin the vme frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this ageement The Genera! Duties and the work and Delit�erables required in
the Scope of Work and Schedule shall be referred to as the'`Defined Ser"vices." Failure to
complete the Defined.Scrvices by the times indicated:dnesnot,except at the option ofthe
City, te�minate this Agreemeni.
a. Reducrions. iir Scope of li�a-k. City may independeotly, or upon �equesj from
Consultant, from rime to time, reduce the Defiaed Sen•ices td be performed by t}ie
Consultant uader this Agreement. Upon doing so, City and Consul[ant agee to meec
in good faith and confer for the purpose of negotiating a coiresponding reduction in
the compensation associated v.•ith the reduction.
b:. Addirional'Se�z�ices, In addition to performing ttie Defined Services; City may
iequire Consultant to perform additional_ consulting services related to the DeCmed
Services (Additional Services), and upan doing so in wriung, if they are w�ithin the
scope of sen•ices oiTered by Consultant, Consultant shall peiform sarne on a time and
materials basis at the rates set fonh in the "Rate Schedule'' ,in Exhibit rt,
Pazagraph ]0(C),_ uriless a separate fixed fee, is otherwise agreed upon. AI]
compensation for Addiiional Sen ices shall be paid mont}il}•as billed.
3. Standard of Care. 7�he Consultant exprzssly warrants that the W�ork to be perforined
pursuant to this Aereement, u•hether Defined Sen•ices or Additional Sen�ces, shzll be
performed in accordance with the standazd of care ordinarily exercised by members of
the profession currently practicing under similar conditions a�d in similar locations.
a. A'o H�aii�er of S�andard oJCm-e. 1�'here appro��al by.City is required; it is understood
to be conceptual approval only and does noi relie��e the Consultant of responsibility
for complying with all' laws, codes, industry sta�dards, and liabilin• for damages
caused by negligent acts, errors, omissions, noncompliance wit6 indusiry standards, �
or the�i�illful misconduct of the Consultanc or its subconuactors.
• Page 2
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1
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12-49 ?
B. Application of Laws. Should a federal or state lau pre-empt a local law, or regulation; the
Consultant must comply with the federal or state law and implementing regulations. No
prov5sion of thic A�eement requires the Consultant to observe or enforce compliance.with
any provision; perform any other act, or do any other thing in contravention of federal, state,
temtorial, or local_law, regulation, er ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to��iolate any law, the Consultant agrees
to notify City immediately in writing.. Should-this occur, Ihe Ciry and the Consultant agree
that they will mal:e appropriate arrangements to pmceed with or, iF necessary, amend or
terniinate this Agreement, or portions of it, expeditiously,
I. Subconuactors. Consultant agrees to take appropriate measures necessaty to ensure tliat
all participants utilized by the Consultant to complete iu obtigations under this
Agreement, such as subcontractors, wmpty witli all applicabiz laws, regulations,.
�rdinances, and policies, whether federal, state; or local, affecting Prujecr
implementation. In addition, if a subcontractor is expected to fulfill anv responsibilities of
the Consultant under this Agreemant, the Consultant shall ensure that the subcontractor
carries out the Consultant"s responsibilities as set forth in this Agreement.
C. Insurancc
I. GeneraL Consultant must procure and maintain; during the period of performance of this
Agreement, and for twelve mo�iths after completion,policies of insurance from insurance
companies to protect against clairzis for injuries io persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subconVactors, and provide documentation of same prior to conunencement of v.•ork.
2. Minimum Scooe of lnsurance. Coverage must be at least as bmad as:
a. CGL. Insuiance Services Office Commercial General Liability coveraee (occurrence
Form CG0001).
b. .9uio. Insurance Services Office Fonn Number CA 0001 covering Auromobile
Liability. Code I (any auto).
c. !i'C.. Workers' Compensation insurance as required by the S[ate of Califoinia and
Employer's Liability lnsurance.
d. E&O. Profzssional Liability or Eriors& Omissions Liability insurance appropriate to
the Cunsultant's profession. Architects` and L-n�ineers' coverage is to be endorsed to
include contractua] liabiliry.
3. Minimum Lirriits of Insurance. Consultant must niaintai� liinits no less than those
included in the table below:
I
Page 3 '
Tnb PPNj'dK/[[m[n(BCM�[fn fh[C%II'�JCdu14 1'ISIrt OnQ I1�nt C�x)v.IrAm'nn./qC lu Y�D�iJi i�.�i l Afnnue�mntl L�rm��r �wJ(imJilinn �
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12-50 �
i. Genera! Liatiilinc 51,000,000 per occurrence for bodily injury, personal injury.
(]ndudine (including death), and propeny damage. If Commercial General
operations, Liability insurance with a general ageregate limit is used, either
producu and the'general aggregate limii must apply sepazately to this
completed ProjecUlocation or the general a�egate]imit must be tw�ice the
operations,as required occurrence limit.
ap licablej
ii. Automobile 51,000,000 per accident for bodily injury, including deatt�, and
Lialiility: property dainage.
iii. Workers' Scam[ory
Compensa[ion £1;000,000 each accident
Employers $1,000,000 disease-p'olicy limit
Liabilitv: _ 51.000,000 disease-each em lo ee -
iv. Pmfessional 51,000,000 each occurrence,
Liabilin•or Errois
& Omissions
liabili •:
4. Deducribles and Self-Insured Retentions. .4ny deductibles or self-insured :etenrions must
be declared to and approved by the Cify: At the option of.the Cify, either the insurer will
reduce or eliminate such deductibles or self-insured�refendons as they pertain to the City,
its of£cers; officials, employees.and rolunteers; or the Consultant w�ill pro�-ide a financial
guarantee satisfactory• to the City guaranteeiug pa}�nent of losses and related
investigations,claim adminisvation, and defense expenses.
5. Othei Insurance Pro��isions: Tfie general liability, automobite liabiliry, and �ahere
appropriate. the�H�orker's compensation policies are to coniain. or be endorsed to contain,
the follow�ing provisions: '
a. ,4d�3iiiaial'Insu�eJs. City of Chula Vista its officers, officials; employees, agents,
and:volunteers are to be named as additional insureds with respect to all policies of
inswance, includina those with respect to liability arising out of autnmobiles owned,
leased, hired or borrowed by or on behalf of the Consultant; where applicable, and,
with respect to liability arising out of work or opewtions performcd by or on behalf of
the_ Corisultant, including providing materials; parts or equipment fumished iri
connection with such ti�ork or operauons. The general liabiliq- additional insured
coverage must be provided in the form of an endorsement {o the Consultant s
insurance using 1S0 CG.2010 (1 U85) or iu equivalent. Specifically, the cndorsement
must not ezclude ProductslCompleted Operavons coverage..
b. Priniarv /nsw�n�rce. Tlie Consultanrs Grneral Liabiliry insurance co�•erage must be
priinary insurance as it pertains to the Ciry,.its officers, officials, employees: agents..
and ��olunteers. Any insurance or self-insurance maintained by the City,.its officers.
officials,. employees; or ��olunteers is w•holly. separate from the insurance of the
Page 4
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12-51
Consuliant and in no w�ay relieves the ConsultanT fmm its responsibility to provide
insurance.
c. Cuncellarin�i. The insurance policies required by tliis A�eement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, retum receipt requested: The words '1vi11 endeavor' and "but fail'ure to mail
such notice shall impose no obligation or liability of any kind upon t6e company, its
agents, or representatives"'shall be de]eted from all certificates.
d. Ac�ire.A'egligence.. Coverage shall"not extend to any indenmity coverage for the
acti��e negligence of the additional insureds in any case where an agreement to
indemnify [he additional insured would be invalid under Subdivision (b) of Section,
2782 of the Civil Code.
e. If'aiver qf 5ubrogarion. Gon'sultanrs irisurec wil,l provide a Waiver of Subrogation in
favor of the City for each required policy pioviding,coverage for die term required by
this Agreement.
6. Claims Forms. If General Liabiliry, Pollution and/or Asbestos Pollution Liability andlor
Errors 3 Omissions co��erage are writien on a claims-made fortn:
a. Retro Date. The "Retro Date" must be shown, and must,be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. A1ai�atena+ice und Errdence. Insurance,must be maintained and evidence of insurance
must be pro��ded for at least five years afier completion of the work required by the
Agreement.
c. Cancellario». If coverage is canceled qr non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the efT�ective date of the
Agreement, tfie Consultant •must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Ag'reement.
d. Capies. A copy of the claiins reporling requirements must 6e suhmitted to [he City
for review.
7. Acceptabilitv of In'surers. Insurance is to be placed .with licensed insurers admitted to
transact business in the State of Califomia with a current A.M. Best`s rating of no less
than A V. If inswance is placed with a swFilus lines insure�, insurer inust be listed on d�e
State of Califomia Lis� of Eligible Surplus Lines insurers{LESLI) wiil� a.current A.�9.
Best`s rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated..
ii. Verification of Coveraee. Consultant shall fumish the`City with original certificates and
amendatory endorsements effecting co��eraee required by Section I.C. of this Agreement.
The endorscments should be on insurance indusvy fomis, provided those endorsemenu.
Page 5
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12-52
or policies conform to the requirements of this Agreemen� All cenificates and
endorsemenu are w be received and approved by the City before work commences. The
Cit}� resen•es the right to require, at any time, complefe, ceni5ed copies of all required
insurance po?icies, induding endorsements evidencin� the coverage required by these
specifications.
9. Subcontractors. Consultant must iriclude al] subconsu]tants as insureds under its policies
or fiirnish separate cervficates and endorsements for:each subconsultanG All coti�erage for
subcon=_ultanu is subject to all of the requireinents included in these specifications.
]0.Not a Limitation of Other Obliearions. lnsurance procisions.unde;this Article shall not
be conswed to 'limit the Consultant`s obligations under this Aereement, includin�
lndemruty.
D. Secdrity.for Perfarmance
]. Performance Bond. In the e��ent that Fxhibit A, at Para�aph 18;.indicates the need foi
Consultant to provide a Performanc'e Bond (indicated by a check mark in the
parenthetical space immediately preceding. the subparagaph entitled "Performance
Bond"); then Consultant shall pm�ide to,ihe City a performance bond, in the amount
indicated at.Ezhibit A, Paragaph 18, in the forcn prescribed by the City and by such
suretieswhich are authorized to transact such business in the State of California, listed as
approved by the United States. Depamnent of Treasury_ Cireular 570,
httn:ilu��vu-.fins.treas.��o��/c570: and a�hose underwriting limitation is sufficient to issue
bonds in the amount required by ihe Ageement, arid ���hich also saiisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, ezcept az pro��ded otherwise
by lau•s or regulations. All bonds signed by an agent must.be accompanied by a certified
copy of such.agent's authority to act. Sumty companies. must be dulv licensed or
authorized in the�urisdiction in which the Project is located to issue bonds for the liinits.
so required: Form must be sausFactorv to the Risk Manager or City.
2. Letfer of Credit In the eeent that Ezhibit A, at Paragraph 1S, indicates the need for
Consultanf to pco��ide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph .entided "L,etter of Credir'), then
Consultant shall.provide to the Cin� aa irrevoca6le letter of credit callable by the Ciq� at
its unfettered discretion by submitting to the'bazil: a letter; signed by the:City Manager,
steting that the Consultant is in breach of the tetins of this Agreement. The letter of
credit shall be issued by a banl:, and be in a form and amount satisfactqry to the Risk
Manager or City Anomey w�hich aniount is indicated in the space adjacent to the term,
"Letter of Credit,"in Exhibit A, Paragraph I S.
3: Other Sccuriric In the event that E_ahibi[ A, at Paragraph 18, indicates the need for
Consultanrto provide securily other [han a Performance Bond or a Leticr of Credit
(indicated by a check mark in the parenthetica] space immediately precedine the
subparag�aph entiiled "Other Securitv'), then Consultant shall provide to the City such
i
Page 6 �
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12-53 ;
othe� secuiity-therein listed in a form and"am�unt satisfactory to the Risk Mana�er or
City Ariorney.
E: Business License. Consultantagrees to o6tain a tiusiness license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Coopera6on: Ciry shall regularly consult the Consultant for the purpose
of reviewing the prorress of the Defined Services and Schedule, and to provide direction and ,
guidance to zchiece the objectives of this Ageement The City shall allow Consultant access
to its o�ce facilities, files and records, as,deemed necessary and appropriate by the Ci1y,
throughout the term of this Agreement. In addition, City a}gees to provide the materials
identified at Exhibit A; Paeagraph 9, with the understanding that delay in the provision �f
those materials.beyond thirty days afier authorization to proceed, shall constitute a hasis for
�hejustifiable delay in the Consultant's performance.
B. CompensaUon.
1. Followin� Receint of Billine. Upon receipt of a properly prepued bill from Consultant,
submitted.to the City as indicaied in Exhibit A, Paragraph ]7, but in no evenf,more
frequently than monthly, on the day of the period indicaied ii� Exhibit A. Paragraph 17,
Ciry shall compensate Consultant for all services rendered by Consultant according to the.
terms and condirions set fortii.in E�chibit A, Paragraph 10,,adjacent to the go��erning
compensation relationship indicated by a "checkmark° next to the appropiiate
arrangement, subject to the requirements .for retention set fortli in Paragraph 18 of
Exhibit A; and shali compensate,Consultant for out of pocket ezpedses as provided in
Exhibit A, Parag�aph I 1.
2. Sunnorfin� Infoiination. Any billing submitted.by Consultant shall contain sufficient
information.as to the propriety of the billing including properly executed payrolls, ume
records, invoices, e:ontracts, or vouchers describing iri detail the nature of the charges to
the Project in order to permit the 6ity to evaluate that the amount due and payablc is
proper, and such billing shall spec�calty contain the Citv's account number indicated on
Exhibit A, Paragraph 17(C)to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
]) incurred prior to the effecy��e date of this Agreement; or 2) arising,out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Er-rors and Omis.ci�ns., In the eaent that the City Adminis[rator detem�ines that.
the Consultan['s negligence, errors, or omissions ig the performance of, wo�k
under this Agreement has resulted in expense to City greater than would have
resulted if there werc .no such negligence; errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this_
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12-54 �
paragraph -is intended to• limit Ci[y�s righu undei other provisions of this
Ageement.
4. Pavment I�'ot Fina]Anoro"val°. The'Consultant undersfands and agrees that payment to the
Consultan�'for any Prajecr cost does not constimte a City fmal decision about u hether
that cost is alloci•able and eligible for.pavment under the Project and does not constimte a
wai��er of any violation of Consultant of the_ terms of the A�reement The Consultant
acknowledges tt�at-Ciry will not make a final determination about the eligibility of any.
cost until the fina] pavment has been made on-the Project or the results of an audit of the
Project requested bv the City has been conipleted, whichever occuis ]atest. If City
determines that the Consultant is noi envtled to recei�•e any ponion of the compensation
due.or paid, City will notify ihe Consultant,in w�riting, stating its reasons. 71�e Consultani
agrees that Project closeout will not alter the Consultant s responsibilig� to �etum any
funds due City as a result of later refunds, corrections, or other similar iransacdons; nor
�vill Projeci closeout alter the right of City to disallow.cosu and rewver funds provided
for d�e Projecl on the 6asis of a tater audit or other review.
a.. Consu!lani's Oblrgation to Pa1�- Up�n no(ification to the Consultant that specific
amounts are owed to Ci,ry, whether for ezcess_paymenu or disallowed costs, the
Consultant agrees to remit to City prompdy tfie amounu owed, including applicable
interest.
.ARTICLE 1[I. ETHICS
A. Financial Interests af Consultant
l. Gonsultant is Desi�nated as an FPPC Filer. If Coiisultant is,designafed on Exhi6ii A,
Paragaph 14, as an "FPPC filer;' Consultant.is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of inferest and disclosure provisions, and
shall repori economic interests to the City C1erK.on the required S{atement of Economic
Interests-in such-iepoiting categories as are specifzd in Paragraph I4 of Exhibit A, or if
none are specifieci, dien as determined by the City Attomey.
2.- No Panicipation in Decision. Regardless of�•hether Consuliani is designated as an FPPC
Filer, Consultanc shall not make, or participate in making oi in any d�ay attempt to use
ConsultanPs position to influence a govemmenta] decision in which Consultant knoW�s or
has reason to know Consultant has a frnancial interes[ other than the compensation
promised by this.4greement.
3. Search to Determine Economic Interests. Regardlzss of whether Consultant is dzsi�ated
as an FPPC Filer,. Consuliant w•arrants and represents that Consultant has diligendy
conducted a search and inyentory of Consultant's economic interesu, as the term is used
in the. rew]auons promulgated by the. Fair Political Practices Comniission, and has
determined tHat Consultant does not; to the best of ConsultanPs lenowled�e,-have an
economic interest w�hich wquld con{lict n•ith ConsultanPs duties under this .Agreement.
Paee 8
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12-55
4. Promise Not to Acquire Conllicrin: Interests. Regardless of whether Consultant is
dc�signated as an FPPC Filer, Consultant fiuther wa�Tancs and represen[s that Consultant
will not acquire, obtain, or assume an economic interest during tfie term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Poli[ical
Practices Act.
5. Dutv to Advise of Conflictine Interests. Re�ardless of whether Consultant is designated
as an FPPC Filer, Consultant finther H�arrants and represenu that Consultant will
immediately adyise the Ciry Attorney if Consultan! ]eams of an, economic interest of
ConsultanPs that may result in a conflict of interest for the pu�pose of the Fair Political
Praclices Act and regulations promulgated thereunder.
6. Soecific Warranties A�ainst Economic Interests. Consultant warran[s, represents and
agrees that: _ _
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any inteiest, directly or
indirectly, whatsoever in any p;operty which may be the subject matter of the Defined
Services, or in any property within 2 radial miles f�om the exterior boundaries of any
property u•hich may be !he subject matier oC the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Pazagraph 14.
b. No promise oF future employTnent, remuneration, consideration, _�atuity or other
reH•ard or gain has been made to Consultant or Consultant Associates'in connection
wid� Consultant's perfo�nance ot�his Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Ayeement, or for
tweh�e months thereaIler.
c. Consuliant Associates shall not acquire any such Pmhibiled lnlerest within the Tetm
of this Agreement, or for twelve montlis afrer the. expiration of this Ao ec,�nent,
except with the written pei-rnission of City.
d. Consultant may not conduct or solicit any business for any party ta this Agreement,
or for any third party that may be in conflict with ConsultanPs responsibilities under
[his Agreement, except with the written permission of Gity.,.
IV. LIQUIDATED DAMAGES
A. Application of Sectioa The provisions of[his section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13;
l., Estimatine Dama�,es. It is acknowledged by both parties that time is of�fie cssence in the
completion of this AgreemenL It is ditTicult to estimate the amount of damages resulting
from delay in performance. The parties ha��e used their jud�ment to arrive at a reasonable
amount to'compensate Cor delay.
Page 9
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12-56
2. Amount of Penaltv. Failure to complete the Defined Sen�ces w�ithin the alloned time
penod specified in this Auee�nent shall result in the followine penalty: For each
consecuvice calendar day iq excess of the time specified for thye completion of the
respective b•orl: assignment.or Deliverable, the Consultant shall pay to the City, or have
withheld Crom monies due, the sum'of Liquidated Damages Itate provided in Exhibit A,
Paragraph 13 (LiquidaTed Damages Rate).
3: Reouest for Excension of Tiroe: If the performance of any act nquired of Consultant is
directJy prevented or delayed by reason of strikes, Iocicouts, labor disputes, unusual
aovemmental delays, acts of God, fi�e, floods, epidemics, freieht embargoes, or other
causes beyond the.reasonable control of ihe Consultany as detemuned by the Ci_ry;.
Consultant shall be'excused from performing tharact lor the period of time equal to the
period of time of the prevention or delay. ]n the eyent Consultant clairris the existence of
such a delay, thz Consultant shall noufy the Cit�s Convact Adminimator, or designee. in
writing of_that fact a�ithin ten calendaz days after the beginning of any such claimed
• delay Extensions of time will not be granied for delays to.minor portions of work unless
it can be shoHm that such delays did or u•ill delay the progress of the work
ARTICLE V. 1NDEMNIFICATlON
.4: Defense, lndemnih�; and Hold Harmless:
I. General Requrement. Except for liability for Design Professional Services covered
iinder Article V., Section A.2:, Consultant shall defend, indemnify, protect and hold.
hartnless [he City, its elected and appointed officers, agenu and employees, from and
against any and'all claims,.demands, causes of action, costs, expenses, ]iabilip; loss,
damage_or injury, in law or equity, to propeny or persons, including,wrongful death, in
any manner arising out.of or incident to anv alleged acts, omissions, negligence, or
u�illful misconduc� of Consuttanf; its. ofiicials, officers, employees, agents, and,
cont�actors,.arising out of or in connection with the perfortnance of the Defined Services
or this Agreement, This indemnity provision does not include any ciaims; damaees,
liabiliry, costs and expenses (including without limitauons, anome}s fees) arising from
the sole negligence, actiye' negligence 'or w�illful misconduct of the Cit��, its office�s,
employees. Also covered is liability arisin� from; connected with, caused by or claimed
to be caused bv the active or passive negligent acts or omissions of the City, its agents;
officers, or employees which may be in combination with the acrive or passi��e negligent
acu or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Desien Professional Services. If Consultant provides design professional, sen ices, as
defined by California Civil Code section 2 i82S, as may be.amended from time to time,
Consultant shall defend, indemnify and hold the Ciro, its officials, offcers, emp(oyees;
��olunteers. and agents free and harmless from any and all claims, demands, causes of
aciion, costs; expenses, liabili�y, loss, dainage or injury; in la�v or equiry, to property or
persons, includin�wronaful death, in any manner arising out of, pertainin� to, or relating
to the ne�ligence, recklessness. or willful misconduct of Consultant, its officials, oflicers,
employees, aeents, consultams, and contractors arising out'of oi in wnnectiqn with the
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12-57
performance of Consultant's services. Consultant's duty to defend, iridemnify; and hold
harmless sfiall not include any daims or liabilities arising,from the sole negligence, ac[ive
negligence or willful rnisconduct of the Ciry,. its agents, officers or employees. This
section in no w-ay alters, affects or modifies the ConsultanYs obligations and.duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations.in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at ConsultanCs own cost; e�;pense and risk; any
and all suits; actions or other.legal proceedings, that may be brought or instituted against.
the City, its directors, officials, officers, emplqyees, agents and/or volunteers, subject to�
the limitations in Sections,A.l. and A.2. C.onsultant shall pay and satisfy any judgment;
award or decree that may 6e rendered aoainst City-or its directors,rofficials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and cosu.
incurred'by each of them, subject to the limitations in Sections A.1..and A,2.
4. Insurance Prnceeds. Consultanj's obligatioq to indemnify shall not be restricted to
insurance proceeds, if :any, received by [he City, its directors,, officials, officers,
employees, agents, and/or volunteers.
>. Decla�ations. Consultant`s oblieations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant"agrees {o pay any and all costs City incurs enforcing the
indemniry and defense provisions set forth in Article V.,
7. Survival, Consultaot's obligations under Article V shall survive the temiination of this
Agreement.
.ARTICLE VL TERMINATION OF AGREENIENT
A. Termination for Cause. If, tlunugh any cause, Consultantshall fail to futfill in a timely and
proper mannerConsuttanCs obligations under this Ageement, or if Consultant shall violate
any of ihe co�-enants, agreements or stipulations of diis Agreement, City shall have tbe right
ro terminate this Ageement by.giving written riotice to Consultant of such terminatian and
specif}�ng the effective date thereof at least five (5) days before the effective date of sucli�
tennination. In that, event, all finished or u�lini'shed documents, data, studies, sun�eys,
drawings,_maps, reporls and other materials preparcd by Consultant shall, at the option of the
City, become the property of the Cit}•, arid Consultant shall be entiUed to receive just and
equitable compensation, in an amount not to ezceed that payable under tfiis Agreement and
less any damages causzd City by ConsultanPs breach, fnr any work satisfactoril'y complctcd
on such documents and other materials up to Ihe effecti�e date of Notice of Termination.
B. Termination of Agreement for Con��enience of City. City may terminate this,Agreement
at any lime and for any reason, hy giving specific N�ritten notice to Consultant of such
termination and specifying ,the effective date thereof, at least thirty (30) days before the
effective date of such fermination. In that event, all finished and unfinished documents and
Page 11
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12-58
other materials described he"reinabo��e shall, at the option of the Ciiy; become Ciry's sole and
exclusi��e property. If the .Ageement is terminated by City as provided in this paraeraph,
Consultant shall be entitled io receive just and equitable compensazion. in an amount not to
exceed that payable under this Aereement, for any satisfactory �rod: completed on such
docunienis and ot}ier materials to the e}Tecti��e date of such termination. Consultant herebv'
eacpressfy u�ai��es any 'and all claims for damages or compensation arisine under this
A�eemen[ excepi as set forth in this secrion:
;4RTICLE V11. itECORD RETEt�'TIOI�T r1ND.4CCESS
.4. Record Retentiori. During the course of the Project and for three (3) years follotieing
completion_ the Consultant agrees co maintain, intact. and readily accessi6le, all data,
documents, repons, records,contracu; and supporting materials relaqng to the Project as'City
may require. _ _
B. access to Records of Consultaut and Subcontractors. The Consultant agrees io pertnit
and require iu subcontractors to permit City oi its authorized representatives, upon request,
to 'inspect all Pmjeci work; materials; pa}�olls, and. other data, and to audit the books,
records, and accounts of the Contractor and its subcorivactors pertaining to the Project,
C Project Closeout. The Consultarit agrees that Project closeout does nof alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT CONIPLETION, AUDIT, AIdD CLOSEOUT
A. Project Completiou: Withiii ninery (90), calendar days followin� Project complecion or
termination by Gity, Censultant agrees ro submit a final certificaiion of Project expenses and
audit reports, as applicable,
B. Audit of Consultants.. Consultant.agrees to perfoim financial and compliance audits the
Ciry rriay �equire. The Consultant also agrees to obtain any other audits required by Ciry.
Consultar�t agees that Project closeout u•ill not alter Consultant's audit responsibilities. .4udit
costs are.al(owable Project costs.
C.. Project Closeout Pmject closeout occurs when City notifies thz_Consultant that City has
closed the Project, azid either fon��ards'the fmal"paycnrn[or acknoa�ledges that the Consultant -
has remitted [he proper refund. The Consultant agrees that Preject closeout by City does not
invalidafe any continuing requirements imposed by the Agreement or any unmet
reqwrements set fonh in a writtzn notification from City
ARTICLE LX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultan[ are personaPto the Ci[v, and Consultant shall not.
assigi anyinterest in this-A�eeinent, and shall not transfer any interest in thz same (tvhethei
by assignment or notation). withoul prior�rritten consem of CiN.
Page 12
T��o Pa�tlgreem�e�Bm•etn thr Ciq�nfChWO 1 ism and II'FV CnrL Lj,pnan !nr (a P�i.aidr A+sM Alunneminv/���.nn�n�mrd Cnr di�inn
AcfiIINf/pC�0l6l�ilnnl P�Ti[M
C:•t'aas-arsrmrJ�Ap�[�i��Lr�I�NVem9,N'vdmas:Tcnqom�Ntmri I�CaeenOu:kW�N5S15?o5��i'['T lwrPar'Canulan AErmv�dir I
12-59 �
1. Lirriited Consent. City hereby consents to the assignment of the ponions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B: OK�nership, PublicaHon, Reproduction and Use of, Material. All repons, studies,
information,. data, statistics, forms, designs; plans, proc:edures,. systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
pmperty of City. No such malerials or properties produced in,whole or in part under this
Ageement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other couniry without the express written consen[of City: City shall
have unrestricted authoriry to publish, disclose (except as may be limited by die provisions oG
the Public Records Act), distribute, and otherwise use, copyright or patent, in a�hole or im-
part, any such repons, sttidies, data, statistics, forms or other materials or propznies produced
under this Agreement. _ ,
C. independent_Contractor. City is interested only in the results obtained and Consultarit shall
perform as an independent contractor with sole control of the manner and- means of
perfom�ing the services requirzd under this.Agreement City maintains the right only to
reject or accept ConsultanPs w�ork products. Consultant and any of the ConsultanCs agents,
employees or iepresentatives are, 'for all purposes under this Agreement, independent
contractors and shall not be deemed to be emFloyces of City, and none of them shall be
entitled to any benetits to which City employees are entided including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or othcr leave
bcnefits. Therefore, City will not withhold'state or,federal income [ax, social security tax or
any other payroll tax, and Consulfant shall be solely responsible for the payment of same and,
shall hold the City-harmless wi[h regard to them.
1. Actions on Behalf of Citv. Eacept as City may specify in writing, Consultant shall have
no authority,.express or.implied, to act on behalf of.Ciry in any capaciry whatsoever, as
an agent or otherwise. Corisultant shall have no authority, express or implied, to bind
Ciry or its members, agen2s, or employees, tu any obligation whatsoe��er; unless expressly
provided in this Ageeme�t.
2. No Oblieations to Third Parties., In connection with the Project, Consultant agrees and
shal]'require [hat its agents, employees, �subcontractors a�ee that City shall not be
responsible for any obligations o� liabilities to any third party, including. its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Nonvithstanding that City may hare concurred in or approved any solicitation,
subaereemen[, or third party con{ract at any tier, Ciry shall ha��e no obligation pr liability
to any person or entity not a party to this Agreement.
D. Administ�ative Claims Requirements arid Procedures. A'o suit or arbitration.shal] be
brought arising out of this Agreement, against Ci1y unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista A9unicipal Code, as same may from time to time 6e,
amended, the pro�-isions of which are incorporated 6y this referencc a's if fully set fonh
Pa�e 13 .
7 n�a Parf�.Agrcemrnl Ben�trn[ht Ciq�af Chu/a Pisb un0 IPi•ir Caan Adr�tuts,_G�_IO Pn��idr A�arr 1lnmiermn I lr vr�ro�i und C'anrhiinn
Jt���.vnrm C im��druui.Srn
PWernmn�di4ppUa�.LunIM�mB'�vvelowi�7cmqa,mnlncn.ifiL-sLemeniOuJ�oka1k615JVR�,WCA7..oAmCoissuhumA�c:nemdoc I
12-6� �
herein, and such policies and procedures used by City in the implemeniation of same. Upon
request by City, Consu(tant shall meet and confer in good faitti wi[h City for the purpose of
resoh�ing any dispute over the terms o!'this Agreement.
E.- Administi�ation of Contract. Each party_ designates the indi}•iduals (Contract
.4dminis[rators) indicated on Exhibit A, Paragraph 12, as that part��s confract adminisvator
who is auihorized 6y the party to represent it in ttie rouune administration of this Agreement.
F: Term.. This.A�eement shall temtinate ��hen the partiec have complied with ai] executory
provisions hereof. "
G. Attorne?-'s Fees_ Should a dispute.arising out oEthis Agieement result in Gtigation, it is
agieed that the_ prevailing paity shall be entitled to a judgment against the other for an
amount equaFto reasonable attorrieys'.fees arid courc costs incurred._ The '`prevailing party''
shall be deemed to 6c.the party u�ho'is aw•arded sub;tantially the relief sought.
H. $tatement of Costs. In the event that Consultant prepares a ieFiort or docwnent; or
participates in the preparation of a repott or document in performing the Defined Services,
Consultant shall include..or cause the inciusiori of, in the report or document a statement of
the numbers and cost in dollar amounts of all conuacts and subcontiacts relati�g to the
preparation of the repon or document.
L Consulfant is Real.Estate Broker and/or Salesmap: ICthe box on E�chibit A, Pangraph I S
is marked, the Gonsultant and/oi its principals is/are licensed with the State of Califomia or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents [hat
neither Consultant,no�its principals aie licensed rea) estate brokers or salespersons.
J: Notices. All norices, demarids or requesu provided for.or permitted m be eiven pursuant to
this Ageement must be"in writing. All notices, demands and requests to be sent ro any pany.
shall be deemed to have been properly given'or served if personally served or deposited in
the United States mail, addressed to such party, posiage prepaid, registered or certified, with
retum receipt.requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. lntegrafion. Ttus Agreemzni, toecther with any other wrinen document-referred to oi
• contemplated in it, 'embody tl�e entire rlgreement and undersiandine:behveen the parties
relatin�to the subject matter hereof. �'either tfiis .4�eemenf nor any provision of il may be
amended, modified; wai�•ed or discharged except by an insvument in w•riring esecuced by the
pazty against w•hich enforcement of such amendrtient; waiver oi discharge issought.
L. Capacity of Parties. Each si�matory and.party to this A�zement warranu and representa to
the other party that it has legal.authority and capaciry and direction from its principal to enter
into this Agreement, and that all necessary resolutions or ether actions"have been taken so as
to enable it to enter into tFus Agreement.
Paee 1� j
Tn�o Yart��.4areemrnt Bnn��en rheCiq�ofChufo I isfa ond It:x�Cmsi Arhn.fs�s M� ra Nn�id,drtr�Alanm��a��nr bnrn�nn m d('rrtd�NO! �
d�.:s�mrm Cnnsulmnr Grvi[.s �
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12-61 �
M. Governing Law/Venue. This Agreemcnt shall be govemed by and construed in accordance
with the laws of the State of Califomia. Any action arising under or relating to ihis
Agreemem shall be brought o�ily in tUe federa) or state courts located in San Diego County,
State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance u�der it, shall be the City of Chula Vista.
(End of page.Next page is signature page.)
Pagc 15
T��a Perf{'.4gr¢men!BeM�ecn rhr Ciq'rjChula h7f[a orul IPrn Coasl 4i horrsr�.lnr ro R�.relr:b�.l ALrnugrmcN Ln rnmrr und(}n�J�nbn
ivnenrtau Cnm�dm�n Srn mr� '
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12-62
Signature Page
to
,�greement between
Cit}•of Chula Vista and�
�Yest Coast Aborists,Inc.;
To Pro��de Asset Management luventon' and Condition Assessment Consultant Sen-ices
1?�' WiT?�ESS WHEREOF, City and Consultant have execdted •this Agreement;
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Citv of Chula Vista
By: -
James D. Sandoval
City Manager
Attest:
Donna T'oms, Ciry Clerk
Approved as to form:
Gleo R Googins, City Atiomey
�YestlCo�st.4�-borisu. lnc.;
r' /s�� 1
Patric' n4ahon
Fresi ent
Exhibi[ List t_o Agreement: E�ibit.A
Exhibit B
�
Page 16 �
T+ro Parry�Agrtemb�l�!Htn�nn!fv Cip�of Chulo Ditra nnd II'n/('mv adancis /nr fo Prxioidr d�sor.11nnnerm�ir(lnnnton onA(nnAiiim�
.as�:s�mrnr Cmrs�drun/Sm��rrs j
C:Uxa'aanW.lppDaa'LtoAN'i-�mfl:�1'"vtlmrs�Tertponry Irtau Fila�Cate�tOu-bui�A851 Si9fi�NTA T.e Arty Ca�shazn AFseeKdoc {
12-63 {
�
Eahibit A
to
Agreement behr�een
Citv of Chula Vista
and
R�est�Coast Arborists,lnc.
1. Effec:tive�Date:The Agreement stiall tal:e effectupon full eaecution otthe Agreemeny as of
the effecqve date stated on page 1 of the Agreement.
2. Ciry-Related Entity:
(X)City of Chula Vista, a municipal chartered corporation otthe State of California
O The Chula Vista Pu61ic Financing Authority, a
O The Chula Vista IndustriaLDevelopment Autfiority, a
� ) Other:. , a [insert business form]
(Ci[y)
3. Place of Business for City:
City of Chula Vists
276 Fourth Avcnuc
Chula Vista, CA 91910
4. Consultant:
West Coast Arburis'ts, inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X)Corporation
6. Place of Business,Telephone and Fa�c Number of Consultant:
West Coast Arborists, Inc.
2200'E. Via Bunon'Sveet
Anaheim, Celifomia 92806
(714)991-1900 Phone
(714) 956-3745 Fax
Page 17
7'wo Pa��Agrlemrn/Berx'ern tkr Ciq�of Chulu 17s1a and IPes�Cu�ur Aifiar idrs Inr.m/h�n;dr.q„ri.4lunnrrn�.nr Ln rnn,n iind Q.ndinnn
�ur�tm�ni Curmulrnm Srn�irn
f:�Csersartemel�A�llsu LulMemsafl�N'inCmvs4'rm�np Imcmci FikiY'wueu.Omlonk`J.tiSIS39u��K'['p'Iwn Pim�Cn�euLL:u�A}�ncircm.dn:
12-64
7. GeneraLDuties:
Cnnsultant shall prepaze and deliver to the City a Physical Tree. [nventory and Condition
Assessment for ttie''Ciro's Urban Forestry 'h9anageroent Sysfem. The information sfiall be
compiled in a format so thai the data can be inteerated �Pith Lucih�'s infrastructure_mansgemeni
software progam so.the City can track and anal,vze the asset information.
8, Scope of.\4'ork and Schedyle:.
A. Detailed Scope of�'Vorl::
Consultant shall pzrform all of the szn•ices described on Exhibit B.
B. Date for.Commencement ofConsultani Sen�ces:
(a_}Same as Effecti've Date of A�zement
( ) Othera
C: Dates oi Time Limits for Delivcry of Deli}•erables:
Deliverable No: 1: digitized invemory and. assessment database in Microsofi SQL of ell
trees located within the City rigtit-of-way for each street or sveet se�rnent for which City•
has issues a notice to proceed as more fully defined on Exhibit B
Deliverable I�o. 2: An APc-��ew/A;cInfo comparible file of the tree data in a ��'indou�s-
based format thac can be integated with Lucity`s infiasuucture management sofh+�are
program so the Ciry can track and anal}2e the asset information:
D. Date for corripletion of all Consu]tant sen�ices: ]une 201'4.
9. 1�4aterials Required to be Supplied by City to Consultanc
The City shall piocide Consultant a listi�g of streeu or streei sz�iients for which Consultant
sh"all perform [he scope of services:Consultant shall only provide ser��ces for the sveets or street
segments for which City has issued a notice to proceed. As part nf the notice to prceeed, City
shall inform Consyltant ifConsultant shali also identify vee vacant.si�es.
10. Compensation:
A. O Sinele Fixed Fee Arrangement.
For performance of all of the Defined Services b��Consuttan[ as herein required,Ciry sHall
pay a singlz fixed fee in the amounu and at the times or milestones or For the Deli�•erables set
fortb below:"
Single Fixed Fee Amount
I
Page 18
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Assestmrn�Cnnvdiam Siv�iars
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12-65
Milestone or Event or Deliverable Amount oi Percent of Fixed Fee.
O l. Interim Monthly Advances. The City shall make interim monthly advances
aeainst the compensation due for each pfiase on apercentage of completion basis for
each given phase such that, at the end of eacU phase only the compensation Cor that
phase has been paid Any payments made hereunder shall be considered as interest
free loans thal must be retumed to the City if ihe Phase is nof satisfactoiily
completed. If the Phase is satisfactorily completed;the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragrapfi 19 is to be applied to each interirri pa}�ment 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 shal] be assessed in tha sole and
unfenered discretion by the Contracu Ad'ministrator designated.herein by the City, or
such other persun as the City Manager shall designate, but only upon such proof
demanded by the Ciry that has been provided;but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of ihe phase has been pedorined by d�e Consultan�
The practice of mal:ing inierim'monthly advances shall not convert this a�rcement to
a time and materials basis of payment.
B. (X)Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately,identified below,City shall pay tfie fixed fee associated with each'phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entided to the compensapon for a Phase;
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee foi Said Pliase.
I. PBysica] T�ee Inventory and Assessment $2.50 per tree site.
2. Recommend'ed P�eservation&_Rehabilitation $1,000
Pian
3. Meetings and Presentations $200 pe�meetin�
4. ArboristsSer�ices $125perhour
O 1_ Intcriin Monthly Advances. The Ciry shall make interirti' monthly advances
against the compensation due for each phase on a percentage of conipletion basis for
each gi��en phase such that, at [he end of each phase only the'compensation for thar
phase has been p'aid. Any pa�znentc made hereunder shall be considered as interest.
free loans that mus[ lie retuined to the -City iC [he�Phase is nnt satisfactorily
completed. If the Phase is sa[isfactorily completed, the City shall receive credit
against the compensation due for that phase. The netention amount or percentage set
forth,in Pazagraph 18 is to be appliecl to each interim pa}Trient such that, at d�e end of
Page ]9
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ic�r�snrr.ir Cnnadlnn:Son�irc� �
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12-66
the phase,•the full retention fias been held back from the compensation due for that
phase. Percentage of completion of a phase. shall be assessed in the sole and
unfenered discretion by the Contrac{s .4drriinistrator designated herein by the Ciry, or
such other person as the City Manager shall designate,.but only upon such proof'
demanded by_[he City that has been pro�•ided„but in no event shall such interim
ad��ance payment be made unless the Consul[ant shall have represenied in writing that
said percentage of completion of the pHase has'been perFormed by the ConsultenG.
The gracucz of making interim monttily ad��anccs shall not co�vert this agreemen; to
a tune and materiais basis ofpa��nent.
C. ( ) Hourly Rate Arraneement
For performance of the Defined Sen�ces by Consultant as herein required. Ciry shall pay
Consultant for the producvve hours of iune spent by Consultant in tlie performance of said
Sen�ices: at the rates or amounts set,fonh in the Ftate Schedule herein beluw according ro the
foilowing terms and condirions:
(1) ( j Not-to-Ezceed.Limitation on Time and Materials.4rrangement
Notyithstai�ding the expenditure by Consultant of time aod materials in excess of said
Maximum Compensafion amount, Consultant agrees that Consultant W�ill perform all of
the Definzd Sen�ces heiein required oF Consultant for S , including all
Matzrials,and.other"reimbursables'.'(A4aximum Compensauo�)..
(2) (7C)LimitaUOn u�ithout Funher Authorization on Tiine and Materials Arrangeinent
At suc}i ume as Consuliant shall ha��e incurred ume and material"s equal to
S (Auihoriza�ion Limit), Consultant shall not be entilled ro any.
additional compensation���ithout further authorization issued`in w�riting and approved by-
the City. A'othing herein shall preclude Consultint from praviding.additional Sen•icps at
Consultant's own cost and expense.. See Exhibit B for wage rates.
O Houriy rates may increase 6y 6%,for sen�ces rendered afrer [month]; 20 ; if delay
in providing sen�ces is caused by City.
1 1. h4aterials Reimbunement Arrangement
For the cost of out of'pochet expenses incurred by Consultant in the pzrformance of services
herein required, City sh211 pay Consultant at the rates or amouuts set forth below:
(X)None. the compensation includes all costs.
Cost or Rate
( j Reports; not to eaceed S S
(' ) Copies, not to"exceed �� $
O Tra�-el, not to exceed S S
Page 20
Tn�a Parry�Agrremem Bmeeen rht Glp oJChvla hisYa'and lt5ar Crsur ddmnsh Jnr ro 1'rnrWr!o�n,tfunnernrim�)�n enwm rsnd Cnndriinn
;Isas�m:nr Covvrhnm Gn��rrs �
�
i
C.'LS:s a:�rnxlAypDaa�Lecs1;1!cm�otl�W"vmu.?e�nn Im:nu 1iksCWV:.QVIro1��A$615395�\VCA lxn Pa.�.f¢auhen Apr�vn�doc� :
�
12-67 �
O Printing,not to exceed $ S
( ) Postage,not to e�ceed � �
( ) Delivery, not to exceed � $
( ) Outside Services: $
( ) Other Acrual ]dentifiable Direct Costs:' $_
, not [o exceed$ $
, no� to�ezceed$ S
12. Contract Administrators=
City: Iracsema Quilantan, Assistant Director of Public Works
Consultant: Mike Palat, Area Manager - �
1_3. Liquidated Daznages Rate:
( ) $ per day.
( ) Other:
14. S2atement of Econ�mic Interests, Consultant Reporting Categories, per Connict af Interest
Code(Chula Vista Municipal Code chapYer 2.02)_
O Not Applicable. Not an FPPC Filer.
(a)FPPC Filer
O Category T'o. l. Investments, sowces_oFincome and business interests:
( J Category No. 2. lnterests in ieal p�vperty.
O Category No: 3. Investments; business positions, interests in real, propeny; and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
O Category No. 4. Invesunents and business positions in business entiries and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
O Categorv No. �. Investinents and business posiqons in 6usiness entitics and sources
of income that, within the past two years, have conVacted H�ith the City of Chula
Vista.or the Citvs Redevelopment Agency to provide services, supplies, materials:
machinery or equipment.
O Category No. 6. lrivestments and business positions.in business entities and sources of
income that, within the past nvo years, have contracted with the department
Page 2]
TwoPurp�,9grremmlAR+�eenlFrCiq�nfChula {iAaand114�iCa��t.l�hm�i�n.lnrrolbo��i<1rASSrvhlnncer�� nLnrr'nn'mdCnmfiiiun I
.i pg��cmr�u('nn�ulrn,n S.�n r �
1
C��USnuerc�v<I•AppUOU�l.teel:Nems,+�1�WWn..�\leir��rzn Inem�Fiks�CemcmDwknlANNIS3atl��t'C'A Ixo1'amComv4omA�e:nrrvMC (
12-60 �
administering this Agreement to provide services, supplies, materials, machinery or-
equipment
{ ) List Consultant .4ssociates interests in ieal property within 2 radial miles of Project
Propeny, ifany.
15. O Consultant is Real Estate Broke%and/or Salesman
16. Permitted Subconsnitants:
N/A
17. Bil1 Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X)A'font}ily
( )Quarter]}�
( ) OthCi:
B: Day of the Period for submission of Consultarit's Billina;_
(X)Fust of ihe h4onth
( ) 15th Day oCeach Month
( ) End ofthe Vlonth.
( )Other: .
C. Cin�s.4ccouni ?�umber. �TO BE ASSIGNED�
18. $ecuriry for Performance
( ) Performance Bond; $
( ) Letter of Credi[, 5
( ) Other Security:
Type:
Am�unt: S
Page 22
T+�o PartydgneintN BrM1�t�nlhrGly ofChula 1 ism ond B'��cr�Conr..irhari4� lnr-m P�m•�d�.1f>rl lfdmrcmiPn�Imrmon�m:Q GmAitina
.1 arssmrm Cnrsvdr�un.Cm�in•.
C4,YCS'anv'a�AppOSn'tiv.NrneoE:N"vdwi:icr.qor+n In.-m iil`f'CMCt 03k�J.'_ibb I CiOg\K2A Tw Pa7'Cert ukaa A�.—�xtf.dK.
12-69
( } Retention. lf�his space is checked, then noh��ithstanding other pro��isions�o the contrazy
requiring the payment of compensauon to the Consultant sooner, the Ciry shall be entided
to retein, at their option, either the followin� "Reteneon Percentage`or"Retention
AmounC'until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Peroentage: . _
( ) Retention Amounr. S
Retention Release Event:
O Completion of All Consultant Services
( )Other: _
O Other:The Retention Amount may be released on a monthly basis prodided thar
Consultant has performed said monthly services.to the sole sati'sfaction of the Assistant Ciry
ManagedDircctor of Development Services or his designee..
Page 23
7nro Parn Agresmrn�RtMwen fh�Ciry,'nfChido 1 i�m ond H',-s,Cnn>i drhor'Lac Lrr fn 1'�w iJr d�rrl,yonm�_uwt Aiu�rla� 'unJ Curr;lmon
i��rc�rnrm Cmn�Aumr S��n_icr� �---"—
f.:`.I:arrtan<mel.AppiYaLiJ nve.M¢msoM1�N'Wnwsdcn}+�nn Im[`rct(i4s'{p�lcn qalwl'NBS IS?9%•N'(A 1 xn IST�Co�uutlam A?rcrteN dec
1L-�O �
Exhibir B
to
Agreement benveen
Cih'of Chula Vista
and
West CoSst Artiorists, Inc:,
Scope of Work'
The follow•ing definiuon is incorporated herein by reference._
Urban Forestry D9anaeement System. The Urban Forestry Management Sysiein encompasses all
street Crees witturi the public rioht-of-w-ay or u�ithin adjacent tree easemeriu and all vees within'
the�6 City-maintained parks.
The Scope of Work shall inclpde, but is not limiied to, t}ie following-services for all sueets or
street 'segmenu for which Ciry has issued a noiice to proceed:_
Understandine of the Proiect.
• A digiuzed inventory and usess�nent database in Microsoft SQL of all trees located
within the City rig}it-of-way:
• An Arc-view/ArcInfo compatible'file in a Windows=based.format:
• Collabonrion witb Ciry staff on data do:.mload
• A training component for ins[�ucrin�City stafi'on data ase.
• Unlimited softwaze & computer supporr at no additional cost ivhile Ciry is under
contract with Consultant for vee maintenance services.
Phvsical Tree Inveniorv and Assessment
• Conduct a "Scope �Refinemenr` meeting exclusive to the vee im•entor}� process.
Discuss the basis for evaluatins the City's Urban Forest.
• Have. a team of Im�entory Specialisu/Cenified Arborists conduct a complete
inventoiy based on the City's approved criteria includine all publicly oH•ned trees on
street ri�hts-of-way, parl:s and facilities.
• Pro��de tfie Ciry with.Global Positioniug Satellite (GPS) cooidina[es for eacti vee
inventoried induding creating an ESRI ArcView(ArcGIS comparibleshp.file. Using a
handheld computer and a backpack GPS receiver, the im=eniory collector will identifi�
the trees by°their nlobal. coordinates of longitude and latitude, within one meter
accuracy.
• Attributes to be collected by field penonnel include the follou�ing:
o Tree identification number
o GPS location
o Property address
o Sveetname
o Location (Median;.Park; Faciliry, etc.).
o Existing overhead utilities.
,o Parkw•ay ti�idth size
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o Tree vacant sites (optional at City's direction)
o Tree species idzntification (Botanical and commo�name)
o Diameter measurement>diameter at breast height(dbh) in size ranges
o Tree Condition ratings for each tree &- recommended maintenance
requirements(see below�)
o Special Tree DesignaAOn (Heritage or.Memorial Tree)
o Value of each tree inventoried:based on ISA formula
• City shal I own[he data
Condition Ratine
Rating criteria to describe the tree's overa[I health and structure adaptzd from the Council of
Tree and Landscape Appraisers (CTLA) tree appraisa] standards {CTLA, ?000. Guide for Plant
Appraisal, 9`"Ed. Savoy, IL: 1SA ]43pp)..
• Clearance issues: tree requires routine mainienance for pedestrian or vehicular traffic.
safe�y including street signs and traffic control devices.
� Urility issues� overhead electric and communication wires.and streei lights.
• Hardscape�'infrastructure damage: damaded sidewalks and/or conununity walls.
• Tree valuation: dollar value per tree based upon collected da;a inctuding species,
diameter, ]ocation, and condition.
• Reason for removal: hazard, storni damage, vehicle accident,ctc.
• Comments: special considerations and/or informauon regarding the tree and site.
Page 25
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