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HomeMy WebLinkAboutReso 1990-15443RESOLUTION NO. 15443 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR CONSULTANT SERVICES TO COMPLETE THE HERITAGE DISTRICT/ROW STUDY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in late 1987, the City Council voted unanimously to further study the possibility of establishing a Heritage District and Heritage Row involving the properties bounded by "I" Street, Second Avenue, "j" Street and mid-block between Third and Del Mar Avenues, and WHEREAS, the Planning Department contacted expertise in the area of historic preservation, two proposals, and five consultants with of which responded with WHEREAS, the recommendation is to accept the proposal of Patrick J. Crowley, which calls for a fixed cost of $6,895 plus an hourly fee of $65 for public hearings and presentations, (the other proposal called for a cost of between $16,000-$24,000), and WHEREAS, Mr. Crowley, AIA/AICP, is an architect and urban planner with more than 30 years of experience in the private and public sector and is a member ofthe National Trust for Historic Preservation, and the National Historic Resources Committee of the American Institute of Architects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Patrick J. Crowley, AIA/AICP, for consultant services relating to historical preservation, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Robert A. Leiter Director of Planning Approved as to form by Resolution No. 15443 Page 2 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of January, 1 990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15443 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 9th day of January, 1990. Executed this 9th day of January, 1990. Resolution No. 15443 Page 3 AGREEMENT BElWEEN THE CITY OF CHULA VISTA AND PATRICK J. CROWLEY FOR CONSULTANT SERVICES RELATING TO HISTORICAL PRESERVATION WHEREAS, the City of Chula Vista is in need of consultant services to prepare a Heritage District/Row Study; and WHEREAS, ~he City of Chula Vista invited five consultants with expertise in historic preservation to submit proposals to complete the study; and WHEREAS, two consultants responded with proposals which were reviewed along with their qualifications; and WHEREAS, Patrick J. Crowley was selected as having submitted a responsive proposal at the most reasonable fee. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and Patrick J. Crowley do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a h municipal corporation ( ereinafter referred to as "City"); and Patrick J. Crowley (hereinafter referred to as "Consultant"). II. INTENT OF THE PARTIES It is the intent of the City and Consultant that Consultant carry out the attached Work Program and Project Schedule {Attachment "A"). It is further the intent of the City that Consultant coordinate his work with the Director of Planning. III. OBLIGATIONS OF THE CONSULTANT City, pursuant to this agreement, hereby contracts with Patrick J. Crowley (Consultant) to act in its behalf directly and indirectly and in conjunction with City staff in carrying out the attached Work Program and Project Schedule (Attachment "A"). IV. OBLIGATIONS OF THE CITY City shall regularly consult with Consultant for the purpose of reviewing the progress of the Heritage District/Row Study and to provide direction and guidance to achieve the objectives of the project. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the contract. VII. VIII. Resolution No. 15443 Page 4 ADMINISTRATION OF CONTRACT The City hereby designates the Director of Planning as the City' representative in the review and administration of the work performed by Consultant, pursuant to the attached Work Program and Project Schedule (Attachment "A"). PROJECT SCHEDULE AND COMPLETION DATES The City hereby authorizes the Director of Planning to administer the Work Program and Project Schedule as contained in Attachment "A". TERM This agreement shall become effective upon execution as authorized by the Mayor of the City, or his designee, and shall terminate, if not terminated pursuant to other provisions contained herein, or otherwise extended by all parties, on October l, 1990. COMPENSATION The compensation to be paid by City to Consultant shall be on a fixed fee basis in the amount of $6,895 plus an hourly rate for public hearings/presentations and any additional services requested by the City in accordance with Attachment "A" which shall be used by the City in determining the amount of work completed by Consultant and, therefore, the percentage of compensation to be paid by City to- Consultant each month for work program elements completed. WorT program elements shall be completed by Consultant to the satisfaction of the Director of Planning and in accordance with the Work Program and Project Schedule, (Attachment "A"). City agrees to pay the total sum involved and approved by the Director of Planning each month during the duration of this agreement. Reimbursable expenses will be billed to the City per the attached schedule of fees (Attachment "A"). In no event shall total compensation to Consultant pursuant to this agreement for specified services, additional services, and reimbursable expenses exceed $9,500. INTEREST OF CONSULTANT Consultant presently has not, nor will have during the term of this contract, any business relationship with any persons or firms doing business within the Chula Vista sphere of influence area that would constitute a conflict of interest. HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City from and against all liability, cost and expense (including without limitation attorneys' fees) arising from loss of or damage to any property whatsoever or injury to or death of any person whomsoever caused or -2- Resolution No. 15443 Page 5 XII. XIII. occasioned by the negligent act or omission of Consultant or any agent or employee of Consultant, arising out of or in connection with this agreement or the work to be performed by Consultant hereunder. The City agrees to indemnify and hold the Consultant free and harmless from any claim or liability arising from any use of this material by the City other than the purpose intended for this project. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause within Consultants control, Consultant shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if Consultant shall violate any of the covenants, agreements, or stipulations of this agreement, City shall have the right to terminate this agreement by giving written notice to Consul tant of such termination and specifying the effective date thereof at 1 east five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by Consultant shall, at the option of the City, become the property of the City after Consultant has received just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Paragraph VIII hereinabove. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY City may terminate this agreement at any time and for any reason by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Paragraph VIII hereinabove shall, at the option of the City, become City's sole and exclusive property after Consul tant has received just and equitable compensation 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 Paragraph VIII hereinabove in the event of such termination. ASSIGNABILITY Consultant shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. -3- XIV. XV. XVI . XvII. Resolution No. 15443 Page 6 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL After full payment to Consultant as required in this agreement: (1 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of City; (2) No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copy rights, or patent rights by Consultant in the United States or in any other country without the express written consent of City; and (3) City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. Notwithstanding the foregoing, Consultant shall have the right to make one copy of project materials and documentation related to the project for his records. Unless directed otherwise by the City, based on the Public Records Act, the Consultant may show to others selected items as part of business development. The Consultant warrants that display of this information will not cause harm to the City. INDEPENDENT CONTRACTOR City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner- and means of performing the services required under this agreement City maintains the right only to reject or accept Consultant's work product(s). Consultant and any of Consultant's agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES City may from time to time require changes in the scope of the services by Consul tant to be performed under this agreement. Such changes including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant shall be effective only when agreed to in writing as amendments to this agreement. ATTORNEY'S FEES In the event of any dispute between the parties, the prevailing party shall recover attorney's fees and any costs and expenses incurred by reason of such dispute as an item of cost, not of damage. -4- Resolution No. 15443 Page 7 IN WITNESS WHEREOF, City and Consultant have executed this Contract '~r Consultant Services (agreement} this 9th day of January , 1990 CITY OF CHULA VISTA BY: Greg Mayor City of Chula Vista CONSULTANT WPC 4905P -5- Resolution No. 15443 Page 8 ATTACHMENT "A" (1 of 4) 363 Fifth Avenue, Suite 203 San Diego, California 92101 telephone: 61'. .-59: 12 December 1989 Mr. Bob Leiter, AICP Director of Planning City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 DEC ~1,5 1989~ Re: Response to Request for Planning Report for Establishment of a Historical District Dear Mr. Leiter: I am pleased to submit the following response to the City's letter dated February 10, 1989 requesting proposals for the subject project. This letter amends my earlier correspondence to Mr. George Krempl and is based on subsequent discussions with staff and clarification of the scope of the work. I propose to provide consulting services to the City of Chula which wil result in a report relating to the establishment of an historic distri~ for which we will include the items listed herein below as follow: The legislative basis (State enabling legislation and local ordinance form) for an historic district. Included would be specific ordinances by other jurisdictions including current and pending ordinances of the City of San Diego Historical Sites Board upon which I served as Vice-Chairman for three years. Also included would be a general discussion of the benefits of an Historic Preservation Element in the General Plan. A full review of current practices and history in the City of Chula Vista relating to designating properties considered historic and deserving of recognition and/or protection, existing conditions, procedures, policies, etc. The financial aspects (incentives) to property owners seeking designation as part of a district in terms of possible reduction of property taxes to reflect the actual use as opposed to "highest and best" use, exterior easement dedications or tax credits and similar strategies, incorporation of sites into a park, or not, and other approaches. PATRICK J. CROWLEY ARCHITECT/URBAN AIA, A CP PLANNER Resolution No. 15443 Page 9 (2 of 4) 12 December 1989 Mr. Bob Leiter Page 2 Development of precise criteria for historic designation as required to make an historic district ordinance legally acceptable. Specific recommendations for the properties in question, i. e., extent of district, public access (at least as far as viewing the exterior), methods of expanding district boundaries and/or acquisition (by the City) of additional property for relocation of other historic structures and similar concerns. Specific recommendations regarding points to be addressed in ordinances establishing and providing for the maintenance of such a district. A final report which will contain a summation of all the above and which may serve as a source document for the Council, the Resource Conservation Commission, staff and applicants for historic designation of their properties. The report, which would be produced as a draft for review and final form after public and staff in-put, will be delivered to the City in "camera ready" form to be reproduced by the City upon acceptance by the Council. With regard to schedule, I anticipate that the necessary research, staff and community contacts, field trips and drafting the initial report will be completed in approximately four months. Once the draft is published and circulated for review, the schedule of meetings will be established by the Planning Department as required to coordinate with time commitments of the parties involved. Included in the Proposal is a suggested project schedule indicating the total time required for the final review and approval process. As meetings with the Resource Conservation Commission, the Planning Commission and the Council will be subject to adequate public notice, staff review and coordination, I assume the final determination of these dates will as necessary to meet the City~s schedule. Within the referenced review periods, the Consultant will require reasonable time to make modifications to the draft as indicated by public and City in-put. As compensation for the above services, I propose a fixed fee in the amount of Six Thousand Eight Hundred and Ninety-Five Dollars ($6,895) which will include the work product described herein above. In addition to the above fee, due to the variable and indeterminate nature of multiple presentations to the Resources Conservation Commission, the Planning Commission and City Council, I propose that I receive additional compensation based on the schedule of hourly charges included below for the public hearing and meeting phase of the work. Minor revisions and modifications resulting from the public hearing process are to be included under the fixed fee proposed above. (Continued on next page) Resolution No. 15443 Page 10 (3 of 4) i2 December 1989 Mr. Bob Leiter Page 3 In addition to the research, field investigation, consultation with staff and writing the report, the Consultant proposes to attend the following regular meetings/public hearings for which he will be compensated on the basis of hours expended at the following: Meeting w/the Resource Conservation Commission to present the Draft Report and solicit RCC response. Make a presentation to a public hearing before project area residents and other interested parties before the Resource Conservation Commission. Make a presentation to the Planning Commission to present the Draft including public comment obtained through the RCC meeting described above. Make a presentation to the City Council of the Final Report for their action. Hourly compensation for the public hearing phase and any subsequent work requested of the Consultant shall be as the Consultant's Schedule of Hourly Charges which is as follows: "~ Principal Planner (Patrick a. Crowley) $65.00 Preparation of Graphics, Exhibits $45.00 Word Processing $35.00 A Project Schedule showing the anticipated time required is appended to this Proposal. Upon acceptance of the above Proposal by the City of Chula Vista, the Consultant agrees to enter into an Contract for Consultant Services and commence work within fifteen calendar days of execution of the Contract. Respectful 1 y Submitted, Principal for Patrick ~. Crowley ARCHITECT/URBAN PLANNER Attachment c Steve Griffin P~C/kp sd89a:pro1212 Resolution No. 15443 Page 11 (~ ~o ~) (~ ~.o ~)