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Home My WebLink AboutReso 1990-15527 RESOLUTION NO. 15527 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ROBERT BEIN, WILLIAM FROST & ASSOCIATES AND BALDWIN VISTA ASSOCIATES, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID MODIFICATION The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: WHEREAS, the City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch Project, and WHEREAS, Robert Bein, William Frost & Associates and Baldwin Vista Associates is the firm preparing the Goals, Objectives and Policies, and WHEREAS, additional work needs to be performed by RBF over and above the original scope-of-work for the preparation of a Project Team Alternative, up to three EIR alternatives and a Public Participation Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Second Modfication to the Agreement between the City of Chula Vista, Robert Bein, William Frost & Associates and Baldwin Vista Associates, L.P., designated as city document, Contract Number 90-20. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said modification for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: s J. Har ~ Robert A. Leiter Director of Planning City Attorn Resolution No. 15527 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of February, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None Grego~ F~, May6r 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. 15527 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 27th day of February, 1990. Executed this 27th day of February 1990. SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ROBERT BEIN, WILLIAM FROST AND ASSOCIATES CONSULTANTS AND BALDWIN VISTA ASSOCIATES, L.P. FOR PROFESSIONAL PLANNING SERVICES FOR THE OTAY RANCH PROJECT WHEREAS, Section ~YIIV of the above-noted Agreement provides for any changes in the scope of services subject to the mutual agreement of the City, Consultant and Applicant; and WHEREAS, the Executive Staff Committee and Interjurisdictional Task Force have requested additional work in the preparation of a Project Team Alternative, up to three EIR alternatives and a Public Participation Program; and WHEREAS, the firm of Robert Bein, William Frost and Associates (RBF) has indicated that the cost of the work shall not exceed $180,000.00; and WHEREAS, the work to be performed is described in that certain Scope-of- Work, dated February 7, 1990 ("Scope-of-Work"); NOW, THEREFORE, BE IT RESOLVED that the CITY OF CHULA VISTA; the firm RBF; and the BALDWIN VISTA ASSOCIATES, L.P., do hereby mutually agree as follows: 1. Baldwin Vista Associates, L.P. shall pay the City up to a maximum of $180,000.00 in accordance with the terms contained in Section XIII, COMPENSATION, of the Agreement, to pay for the work outlined in the Scope-of-Work. 2. RBF will invoice the City for up to 2,404 additional hours of work on the tasks of preparing a Project Team Alternative, up to three EIR alternatives and a Public Participation Program as described in the Scope-of-Work. 3. The City shall pay RBF up to a maximum of $180,000.00 in accordance with the terms contained in Section XIII, COMPENSATION, of the Agreement to pay for the work outlined in the Scope-of-Work. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the jZ_Z_tjlday of February 1990. Contractor: Proponent: Robert Bein, William Frost & Assoc. Baldwin Vista Associates, L.P., a California Limited Partnership By Baldwin Builders, Claudia Troisi Senior Vice President i , . - Attachment EXHIBIT SCOPE OF SERVICES ALTERNATIVE 1AND USE PLANS OTAY RANCH JN 504)295 Robert Bein, Willi.am Frost & Associates (Consultant) agrees to perform the following services related to the development of the "Project Team Alternative" and up to three E.I.R. alternatives, as defined below: PHASE I DEFINING THE ALTERNATIVES 1. . Develop Detailed Outline of Alternatives Consultant shall in concert with the project team list the items anticipated to be included on each Alternative Land Use Map, and provide an outline of topics and issues to be included in the written text accompanying each alternative. The consultant would also list the major Goals, Objectives and Policies that would be considered in the development of each alternative. The alternatives to be defined are: A. Project Team Alternative - General Plan level of detail. B, Low Density Alternative - E.I.R. level of detail. C. Environmental Alternative - E.I.R. level of detail. D. This last alternative is to be defined after the others and its purpose would be to fill in any perceived gaps in the alternatives. 2. Outlines Reviewed The outlines for the various alternatives would be reviewed by the Land Use Committee and one set of revisions made if necessary. Example alternatives would be mapped so as to demonstrate the level of detail proposed, and to promote discussion. 3. Public Workshop A Workshop would be held with the Interjurisdictional Task Force and the public to go over the alternative outlines and the example maps to elicit their input. The workshop is envisioned to be an open and free working interchange between the Task Force and the project team, The workshop would be structured to focus on the alternatives and the major issues facing the development of the Otay Ranch. It should be noted that Client's other consultant, Dames & Moore, will participate in the alternatives listed above and additional alternatives which are not included in this scope of services. Any budget for Dames & Moore's services is specifically excluded from this agreement and should be covered under a separate agreement between Client and Dames & Moore. Other alternatives which may be a part of their scope, but are excluded herein; include the No Project Alternative, the City/County General Plans Alternative; and other EIR Alternatives as appropriate. 4. Revisions Revisions would be made to the outlines and reviewed by the Land Use Committee and the Executive Task Force. A total of 300 manhours has been budgeted for the Phase I effort. PHASE II , DEVELOP THE ALTERNATIVES 1. Project Team Alternative The consultant and project team will work together to develop the project team alternatives. The team will consult and confer with the established Circulation Committee, Biology Committee, Sewer and Water Committee, and the yet to be established Parks and Recreation Committee; School Committee; Service Revenue Committee; and Vision Committee. Two Public Workshops will be held on the Project Team alternative. (See Phase III). A total of 1,320 manhours has been budgeted for this effort. This budget may change in that the work effort envisioned at this time may increase due to the input received during Phase I. 2. Low Density Alternative The consultant will develop this alternative per the approved outline with consultation with the project team and other appropriate committees. A total of 200 map. hours has been budgeted for this effort. 3. Environmental Alternative Consultant will develop this alternative per the approved outline with consultation with the project team and the Biology Committee. A total of 280 manhours has been budgeted for this effort. 4. Alternative D Consultant will develop this alternative per the approved outline with consultation with the project team and other appropriate committees. A total of 200 manhours has been budgeted for this effort. PHASE III PUBLIC PARTICIPATION PROGRAM A. [ Meeting Preparation and Organization Consultant will organize and conduct a total of four public meetings for the purpose of providing information and a forum for comments from citizens and I landowners wishing to participate in the planning process of the O~ay Ranch !Project. 1. Meeting Preparation The preparation of the public meetings will consist of the following items: a. A newspaper announcement for local newspapers for four public meetings will be prepared. The cost of the newspaper ad space would be a reimbursable item. b. Data Collection, presentation preparation and dry run presentation for the 4 public workshops. The Project Team would prepare a summary and fact sheet regarding the EIR and GDP; and related forums. c. Preparation of one slide announcement of the Otay Ranch Project public meetings. d. Consultant graphic displays and slides would be prepared for the meetings if needed as additional services, for an additional fee. This would only happen if Baldwin Vista did not already have the needed displays or slides. The Executive Task Force would make the determination of needed displays and slides. 2. Meeting Organization a~nd Participation The first three public meetings would consist of members of the general public as well as representatives of interested local organizations such as the Sierra Club, Audubon Society, etc. // Workshop #1 · This half day (4 hour) workshop would be held approximately the last week of February. The workshop would include a presentation of the Baldwin Vista submittal, the RBF review of the submittal, and Dames & Moore's E.I.R. findings. There would be a discussion after the alternative I_~nd Use Plan process and an opportunity for the public to ask questions and discuss issues. Inquiries would be made to see if there were citizen interest in establishing Ad Hoc Committees. Workshop #2 This half day (4 hour) workshop would take place in approximately mid-April. The preliminary Project Team Alternative would be presented to the forum and the public's input would be solicited. Workshop #3 This half day (4 hour) workshop would take place in approximately the last week of May. The Draft Project Team Alternative would be presented to the forum and the public's input would be solicited. Workshop #4 - Surrounding Landowners This meeting would consist of large (over 50 acres) landowners surrounding the Otay Ranch properties. The focus of the meeting would primarily be the development plans and phasing of the Otay Ranch Development, and the planning process of the Interjurisdictional Task Force as it relates to the region. Meeting time would be approximately in mid-July. B. Documentation of Public Input A summary report documenting the public comments and responses to comments will be prepared by RBF and the Project Team and will be printed and submitted to the Interjurisdictional Task Force for their information. (This report will not be a transcript, but a general approximation of the discussion issues.) A total of 164 man.hours has been budgeted for Phase III. Optional Services 1. If requested by Client, Consultant shall coordinate Client's hiring of a consultant to prepare, distribute, collect and interpret a public survey program anticipated to incorporate questionnaire style mailings. Any services related to this survey will be handled as Additional Services for an additional fee. 2. Any Transportation Engineering Services by JHK is specifically excluded from this scope of services. If Client determines that JHK's services are necessary, these services will be provided as Additional Services for an additional fee. Additional Services Any additional services beyond the manh0ur budgets provided herein are specifically excluded, but may be added for an additional fee. Reimbursables All r~imbursable items including (but not limited to) photocopying, reproduction, photo; mylar processes are extra and will be billed separately from this authorization. For Client's budgeting purposes, however, reproduction expenses could be $15,000 Or Ffiore. ./ EXHIBIT "B" COMPENSATION OTAY RANCH JN 500295 B. Client agrees to compensate Consultant for services described in Exhibit "A" as follows: Monthly on a time and materials basis based upon 2.85 times the wages paid for all personnel working on the project, with a max/mum budget of $183,500, plus the direct' cost of reimbursable expenses. An estimated budget for each work phase is included below. Consultant reserves the right to transfer budget amounts between work phases based on project workload. : Estimated Estimated Work Phase Manhour Budget PHASE I - Defining the Alternatives 1. Develop Detailed Outline of Alternatives 165 12,500 " Outlines Reviewed 35 2,500 3, ; Public Workshop 65 5,000 4. iRevisions ~5 2.500 Subtotal 300 $ 22,500 PHASE II - ' Develop the Alternatives 1. Project Team Alternative 1,320 98,000 2. Low Density Alternative 200 15,000 3. Environmental 280 21,000 4. Alternative D 200 15.000 Subtotal 2,000 $149,000 PHASE III - Public Participation Program 1. Meeting Preparation and Organization 40 3,000 2. Workshop #1 16 1,250 3. Workshop #2 16 1,250 4. Workshop #3 16 1,250 5. Workshop #4 16 1,250 6. Documentation of Public Input 60 4.000 Subtotal 164 $ 12,000 TOTAL $183,500 EXHIBIT 'B' (Continued) COMPENSATION OTAY RANCH JN 500295 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fees proposed herein shall apply until February 1, 1991. Due to ever-changing costs, Consultant w~ll increase those portions of the contract fee for which work must still be completed after February 1, 1991, by ten-percent (10%). PRELIMINARY ESTIMATED SCHEDULE Task Phase I Define Alternatives I Develop Detailed Oatlines Outlines ReMewed Public Workshop Task Force Revisions to Outlines I J I Phase II Develop Alternattve~ I Project Team Alternative i I Low Density Alternative I Environmental AZte'native Alternative D [ I [ I I I _.J_~.~ Phase III P~blic Par~cipation I [ [ Meeting Preparation Wo,+,shop #1 W~kshop #2 I I Workshop #3 [ I I Workshop #4 [ I I Documentation of Input I /J I J I I Note: This schedule is preliminary and should be used for discussion purposes only. Actual timing may va~/cof~sidetabJy. /. Ranch EIR Land Use Alternatives I ___ I I I I JN 500295-2993