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HomeMy WebLinkAboutReso 1987-12876 RESOLUTION NO. 12876 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLDAN ASSOCIATES, ENGINEERING CONSULTANTS, TO PREPARE A STREET FINANCING PLAN AND IMPLEMENTATION PROGRAM IN THE AREA EAST OF 1-805 AND SOUTH OF SR-54, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLDAN ASSOCIATES, for the preparation of a Street Financing Plan and Implementation Program in the area east of 1-805 and south of SR-54 dated the 13thday ofganuarY , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. 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. BE IT FURTHER RESOLVED that the sum of $57,300.00 be, and the same is hereby appropriated from the unappropriated balance of of the EastLake I Development Impact Fund to Account No. 621-6210- ED001 for the purpose set forth hereinabove. Presented by Approved as to form by J~n P. Llpplt~, Director o Thomas J~' H~rron, City P6blic Works/City Engineer Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th dl::~ of January 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss~ Malcolm~ Nader~ Moore~ Cox NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None City of Chula Vista ATTE~,/ -----. City Clerk- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is a full, true and correct copy of RESOLUTION NO. 12876 ,and that the some has not been omendedor repealed. DATED City Clerk CrlY OF CHULA VISTA CC-660 AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this 13H~ day of ~ ~C/Vt~b~L~x~ , 1987, by and between THE CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City") and WILLDAN ASSOCIATES, a California Corporation (hereinafter referred to as "Consultant"); W I T N ESS ET H: WHEREAS, the City is considering the financing of certain public improve- ments, together with appurtenances and appurtenant work, in the area of the City east of Interstate 805 and south of SR-54, using appropriate financing mechanisms and techniques, and WHEREAS, City is desirous to hire a Consultant to prepare a Street Financing Plan and implementation program for the project area. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: SCOPE OF SERVICES SECTION 1. TASK 1: ORGANIZATIONAL EFFORT Consultant will work with the City and its Project Manager to establish a task force of City, County, and CALTRANS representa- tives, along with owners and developers in the study area who would participate in the process. This task force would be utilized to review the various stages of the Consultant's work effort so that questions can be resolved as they occur and the process can move smoothly to completion with a minimum of controversy at the time of adoption of the financing plan. The first stage of this task would be to review the financing mea- sures which have been established by the City for a portion of the project area and to recommend an interim ordinance covering the entire project area. This interim ordinance would allow development to proceed without waiting for the overall financing plan to be complete. The interim ordinance will be prepared by F. Mackenzie Brown, Attorney, as a subconsultant to Willdan Associates. The second stage of this task will be to develop and recommend to the City a revised street financing policy. This will clarify which improvements are of local or community wide benefit, along with the appropriate financing mechanism for each type of improvement. As a result, staff will have a clear policy for requiring street im- provements to be completed as conditions of approval of individual subdivisions or to be completed as part of a community wide improve- ment program. TASK 2: FINANCING PLAN PARAMETERS In this task, Consultant would establish the boundary of the fin- ancing plan area. This would be based on input from the Task Force, but would likely involve the Chula Vista Sphere of Influence area south of Highway 54 and east of Interstate 805. The exact boundaries, of course, would be determined through discussions with the Task Force, City staff and Project Manager. Consultant would also establish baseline conditions, including the existing land uses and street network, both in place and approved by the City. A critical portion of this Task would be to establish what streets would be included in the financing plan. To accomplish this Con- sultant will carefully coordinate their activities with the various owners in ascertaining their street needs, as well as with the City's Circulation Element Consultant, so that the appropriate Circulation Element roadways can be incorporated into the financing plan. Additionally, Consultant would work with the Task Force to identify the ultimate land uses for the financing plan area. TASK 3: COST ESTIMATE AND SPREAD This task will be divided into two sub-tasks. The first would be to estimate the cost for the additional street work which would be necessary to build out the streets identified in the previous task to be included in the financing plan. These cost estimates would be similar to the estimates which were incorporated in attachment "A" of the EastLake Development Impact Fees Report. The second sub-task would be to identify the method of spread, as was done in attachment "A". The costs would then be spread based on the additional land use intensities anticipated within the financing plan area. TASK q: BUILDOUT AND ABSORPTION RATES This Task will be the most critical aspect of the project since it will be the basis for recommendations for financing alternatives based on cash flow conditions. In this Task, Consultant will estimate the buildout rate of homes and office/industrial uses within the financ- ing plan area. This will be done in terms of both time, as well as location. To accomplish this Consultant will meet with all of the major land owners within the financing plan area to obtain their estimated project buildouts in terms of both time and location. At the same time, Consultant will contact the various utilities, schools, and other public agencies which may have development constraints, such as water or sewer availability, school availability, or other such items which could limit the absorption of residential units within certain time frames. The information gathered during this task would then be consoli- dated and an overall year by year anticipated growth rate estab- lished. This developer oriented growth rate, as modified by devel- opment constraints imposed by service availability, would then be compared with SANDAG's Series 6 Population Forecast. Should substantial differences be identified, Consultant would make adjust- ments to the buildout and absorption rates, and recommend to the Task Force an appropriate buildout schedule. This would be clear- ly defined utilizing both maps and a working paper identifying the number of units and locations of those units on a year to year basis. TASK 5: STREET PHASING PLAN The objective of this task would be to identify the streets which would be needed to accommodate the buildout of the land area which are identified in Task 4. Consultant will utilize the TRANPLAN travel forecasting software package to establish the necessary street system for each phase. To accomplish this, Consultant will build from the existing street system, adding to it on a year by year basis the anticipated land use buildouts. When street segments are identified as being over capacity, Consultant will incrementally add to the street system to identify the streets needed on a year by year basis. Due to the highly speculative nature of the absorption rates, Con- sultant will complete the street buildout pattern on an annual basis for five years and then on an every two year basis for the SUC- ceeding ten years, with three additional increments of five years following that, for a total buildout period of 30 years. As each land use is added to the model, Consultant would also incorporate the portions of the street system within those land use areas which are anticipated to be built as part of the project. This will help us to identify where substantial offsite construction will be necessary which may require alternative financing mechanisms. TASK 6: FINANCING ALTERNATIVES Utilizing the buildout rates and street needs identified in Tasks 3, 4 and 5, Consultant will develop a cash flow diagram assuming each unit is paying an impact fee. This analysis will allow the Consul- tant to determine whether the fee approach, as recommended in the EastLake Development Impact Fee Report is appropriate for the entire east Chula Vista area. This analysis may also identify times where the construction of the streets could be delayed or expedited in order to maintain an appropriate cash flow balance while still maintaining appropriate levels of service on the roadway system. Merely adjusting the construction schedule for the various roadway segments may not be sufficient to establish an appropriate cash flow balance. Consultant will then recommend appropriate funding sources for specific roadways in order to maintain a positive cash flows. These financing alternatives may include such methods as subdivision exactions, impact fees, assessment/FBA districts, City and State participation, and/or reimbursement districts. TASK 7: FINAL REPORT The work accomplished in task 1 through 6 will be summarized into a final report. This report will have clear recommendations as to the boundary of benefit for the Chula Vista East Street Financing Plan, the streets to be included, and the recommended financing plan. There will be sufficient information within the report to identify the methodology used and assumptions made in the Consul- tant's analysis, along with the appropriate backup information in a clearly detailed fashion, including costs estimates, land use and street improvement assumptions by year. The report will also contain recommendations for an appropriate means of updating the financing plan to account for changes in buildout conditions, alter- native methods of financing, as a result of changing economic conditions or changes in law affecting public facility financing. This task will also include attendance at up to three public hearings relating to the financing plan. SCHEDULE OF WORK SECTION 2. A. The amount of time estimated to prepare and complete the STREET FINANCING PLAN is nine to twelve months. Its completion will be coordinated with the completion of the City's ongoing effort to update its Land Use and Circulation Elements for the General Plan. B. The general management services of this Agreement shall be continuing until completion of the project or termination of this Agreement. FEE FOR SERVICES SECTION 3. Consultant shall be paid a lump sum fee of $57,300 for the tasks listed in Section 1. This lump sum fee shall include all normal office expenses and subcontractors. All fees will be payable on a monthly basis upon an invoice submitted by the Consultant based on the percentage of the overall project that is complete. SERVICES BY CITY SECTION 4. City further agrees to furnish to Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Consultant in the performance of these services. CONFLICT OF INTEREST SECTION 5. Consultant presently has and shall acquire no interest whatsoever in the subject matter of this Agreement, direct or indirect, which would consti- tute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by Consultant under this Agreement. TERMINATION OF AGREEMENT FOR CAUSE SECTION 6. If, through any cause, 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 the Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof, at least 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 City, become tl~e property of City and Consultant shall be entitled to receive 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 Section 3, herein- above. TERMINATION FOR CONVENIENCE OF CITY SECTION 7. City may terminate this Agreement at any time and for any reason by giving 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 Section 6, hereinabove, shall, at the option of the City, become City's sole and exclusive pro- perty. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive 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 Section 3, herein- above, in the event of such termination. ASSIGNABILITY SECTION 8. 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; provided, however, that claims for money due or to become due to Consultant from City under this Agree- ment may be assigned to a bank, trust company, or other financial insti- tution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL SECTION 9. 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 the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by Consultant in the United States or in any country with- out the express written consent of the City. City shall have unrestrict- ed 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. INDEPENDENT CONTRACTOR SECTION 10. 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 the Agreement. City maintains the right only to reject or accept Consultant's final work product as each phase of this Agreement is completed. 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. SECTION 11. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Consultant's compen- sation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. INSURANCE. SECTION 12. A. Liability Insurance. Consultant, at his own cost and expense, shall procure and maintain during the performance of this Agreement policies of cemprehensive liability insurance issued by insurance companies acceptable to Owner, insuring Consultant against loss or liability caused by or connected with the performance if this Agreement by Consultant, his agents, subcontractors, employees, or servants in an amount not less than $1,500,000 combined single limit for injury or death or property damage as a result of any one accident, incident or occurrence. The policy shall also include coverage for liability arising out of owned vehicles, non-owned vehicles and hired vehicles. The policy shall also, if available, include "extended broad form liability coverage". The liability insurance policy shall be an occurrence type policy. B. Workers~ Compensation Insurance. Consultant, at his own cost and expense, shall procure and maintain during the performance of this Agreement by him a policy of workers' compensation or employers liabil- ity insurance issued by an insurance company acceptable to Owner for the protection of Consultant's employees, including executive, manager- ial, and supervisorial employees, engaged in any work required by this Agreement. The limit of employers liability coverage shall not be less than $1,000,000 per aggregate. C. E&O Insurance. Consultant, at his own cost and expense, shall procure and maintain at all times during the performance of this Agree- ment, a policy of professional errors and omissions liability insurance issued by an insurance company acceptable to Owner in an amount not less than $1,000,000 per occurrence and annual aggregate. D. Evidence of Insurance. Before Consultant shall commence work under this Agreement, Consultant shall deliver to Owner a certificate evidencing the existence of each policy of insurance required hereby. Each such certificate shall call for at least 30 days notice to Owner prior to cancellation. Each policy of insurance required shall name Owner as an additional insured, if such endorsement is available from the insurer. INDEMNITY. SECTION 13. Consultant shall indemnify and hold Owner free and harmless from any and all claims, losses, damages, injuries, and liabilities arising from the death or injury of any person or persons, including employees of Con- sultant, or from damage or destruction of any property or properties, caused by or connected with any negligent error, act or omission by Consultant, his agents, subcontractors, employees, or servants in con- nection with his services under this agreement. IN WITNESS WHEREOF, C,~t,? and Consultant have executed this Agree- ment on this_ /~ day of .J~ , 198~. THE CITY OF CHULA VISTA WILLDAN ASSOCIATES Mayor'of ti~ (~jlty of Chula Vista ~RicKard K. J~ic6bz~,/ Vice President ATTES~,~ ~ ~/' City Clerk J Approved as to form by Ci.t.~ Attorney / COUNCIL AGENDA STATEMENT Item lla, b Meeting Date 1/13/87 ITEM TITLE: a) Resolution /~7~ Approving an agreement with George T. Simpson for Project Management Services for the preparation of the east Chula Vista Development Impact Fee Financing Plan and appropriating funds therefor b) Resolution /~7.~7~ Approving an agreement with WILLDAN ASSOCIATES, Engineering Consultants, and appropriating funds therefor ~ SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manager (4/Sths Vote: Yes X No ) On March ll, 1986, Council adopted an interim Development Impact Fee for the EASTLAKE I development. Subsequently, the Bonita Long Canyon development of McMILLIN has also been required to pay these interim Development Impact Fees. It is proposed that consultants be engaged to prepare a permanent Development Impact Fee Ordinance that would require the payment of an impact fee by all benefiting developments in the area east of 1-805 for all public facilities necessitated by development of the area. RECOMMENDATION: Approve the Resolutions. BOARDS AND COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On December 19, 1985, the CITY and EASTLAKE DEVELOPMENT COMPANY entered into an "Interim Facilities Financing Agreement" which provided for offers of dedication of land for a fi re station, library, transit center, and community park. The agreement also provided for the establishment of an Interim Impact Fee which was adopted March ll, 1986 as an "Exhibit A" to provide funds for the development of the community park and construction of a fire station. The interim Development Impact Fees also provided for the payment of the E~STLAKE share of certain off-site street widenings and the construction of an interim four lane street in the SR-125 alignment. With additional development either undeniay or in planning, it is appropriate at this time to begin the preparation of a permanent Impact Fee to provide funds for public facilities including streets, parks, libraries, fire stations, etc., required because of development applicable to the area east of 1-805 within the City which can be expanded to new areas when they are annexed to the CITY. Page 2, Item 11a, b Meeting Date 1/13/87 It is proposed to use the same consultants for this effort who prepared the EastLake Interim Development Impact Fee because of their demonstrated ability to perform and the existing background information they they possess on the project. The consultants will work to establish a Task Force of City, County, CALTRANS, and owners and developers in the study area to review the work effort and to resolve issues during the process of preparing a permanent Development Impact Fee. The consultants' "Scope of Work" proposes as a first order of work the preparation of an interim ordinance applicable to the entire area in the City east of 1-805 to allow development to proceed and pay an impact fee while the permanent Development Impact Fee is in preparation. The second stage will provide a street financing policy for this developing area of the City, a street phasing plan based on an assumed rate of development in the study area, and a Development Impact Fee Ordinance and other financing tools to provide the required public facilities in the east Chula Vista area. This work will be done in coordination with the circulation element of the General Plan Update. It will also deal with concerns of McMillin Development Co. and others as to whether East "H" Street should be considered in the F.B.A. SOURCE OF FUNDING Two possible sources of funding for this contract are General Fund Reserves and the EastLake Impact Fee Fund. The original report applicable to EastLake was funded by the developer and that was a condition of the tentative map. That fund has accrued over $1.3 million dollars to date. This contract is to update the cost figures and include the remaining eastern area in the fee district. Staff believes it appropriate to include the costs of setting up and administering the district as part of the total costs and would, therefore, recommend the EastLake Impact Fee District be used to fund this study. SUMMARY OF COUNCIL ACTION Through the adoption of the above resolution, the City Council will have: 1. Approved the hiring of consultants for the preparation of a Development Impact Fee to provide necessary public facilities in the area of the City east of 1-805 between SR-54 and Telegraph Canyon Road. Page 3, Item 11a, b Meeting Date~ FISCAL IMPACT: The consultant contracts provide for a total payment of $75,300.00. G. T. SIMPSON Infrastructure Planning and Finance $18,000.00 WILLDAN ASSOCIATES $57,300.00 Funds are available from the Development Impact Fees paid by EASTLAKE DEVELOPMENT COMPANY for EASTLAKE I and McMILLIN DEVELOPMENT for BONITA LONG CANYON. JPL:nr/ WPC 2556E by the City Council of Chula Vista, California Dated /