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HomeMy WebLinkAboutReso 1984-11771 RESOLUTION NO. 11771 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GARY R. HANSEN FOR TRAFFIC ENGINEERING CONSULTANT SERVICES ON EASTLAKE 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 GARY R. HANSEN, for traffic engineering consultant services on EastLake dated the 25th day of September ,1984, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved ~s to form by hn P. Lippitt, City ngineer f1flv City CHULA VISTA, CALIFORNIA, this 19 84, by the following vote, to_it: Moore, Malcolm, McCandliss ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 25th day of September AYES: Councilmen NAYES: Councilmen ABSTAI N: Co\6Icilmen ABSENT: Councilmen None None Cox, Scott ~~ C~f ~ Voro ATTEST ~/W>r.œ/};y(cjf;¡::'~ (/ City Clerk- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11771 ,and that the same has not been amended or repealed. DATED (sea ) City Clerk CC-660 P1C:;J:;e Return To: :tu1le M Fulasz, City berk P. O. Box 1087 hula Vista, California 920U CONTRACT FOR TRAFFIC tNGINEERING SERVICES WHEREAS, the CITY OF CHULA VISTA is presently in need of traffic engineering assistance in the review of various development plans and proposals to be submitted to the CITY for consideration with respect to the EastLake I development projects; and WHEREAS, the EASTLAKE DEVELOPMENT COMPANY has received prezoning approval for the l,268-acre EastLake I Planned Community development and is in need of the CITY's timely cooperation in the preparation and processing of SPA and subdivsion map requirements necessary to commence the EastLake I development program; and WHEREAS, the complexity of the EastLake I Pl anned Community development program requires the CITY retain an outside traffic engineering consultant for the purposes of critical review, analyzing, negotiating, and making recommendations with respect to said EastLake I project; and WHEREAS, it is appropriate _ that the applicant for various discretionary land use approvals in conjunction with the EastLake I Planned Community development program bear the cost of an independent traffic engineering consultant's services due to the need of review of said proposal created by the proponent's application in accordance with the CITY OFCHULA VISTA's full-cost-recovery program; NOW, THEREFORE, BE IT RESOLVED, that the CITY OF CHULA VISTA; MR. GARY R. HANSEN, an independent contractor and traffic engineering consultant; and the EAST LAKE DEVELOPMENT COMPANY, do hereby mutually agree as follows: 1. PARTIES The parties to this agreement are the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "CITY"); MR. GARY R. HANSEN, a traffic engineering consultant acting as an independent contractor (hereinafter referred to as "CONSULTANT"); and the EASTLAKE DEVELOPMENT COMPANY, a California Corporation, the applicant for various discretionary approvals in conjunction with the EastLake I Planned Conmunity (hereinafter referred to as "APPLICANT" or "PROJECT APPLICANT") . I I. EASTLAKE I DEVELOPME NT PROJECT: The term "EastLake I Development Project" as referred to hereinbelow means that project in area regulated pursuant to the Planned Community District Regulations for EastLake I dated July 9, 1982, as amended, and depicted as such by notation on the Land Use Element of the CITY's Municipal General Plan. . III. INTENT OF THE PARTIES: It is the intent of the CITY, CONSULTANT, and APPLICANT that the CONSULTANT work solely for the CITY and perform the tasks outlined hereinbelow associated with the EastLake I Development Project to assist ~_ \\1'1\ the CITY in providing the project guidance and reviews which are appropriate for a proposal of the type submitted by APPLICANT in accordance with applicable provisions of State law and the Municipal Code of the CITY OF CHULA VISTA. CONSULTANT's obligation, as provided further hereinbelow, is to expedite the review, analysis, negotiations, coordination of reviews, and preparation of various recommendations to the CITY Planning Commission and the CITY COUNCIL with respect to APPLICANT's proposal. APPLICANT's duties are generally to provide payment to the CITY for the traffic engineering review services provided by the CITY's CONSULTANT and, further, to provide such information, applications, etc., as may be otherwise required by CONSULTANT and CITY staff to fully and adequately review the EastLake I Development Project in accordance with the standards set forth in the EastLake I Planned Community District Regulations dated July 9, 1982, as amended, and applicable provisions of the Municipal Code of the City of Chula Vista. IV. OBLIGATIONS OF CITY: CITY, pursuant to this agreement, hereby contracts with Mr. Gary R. Hansen (CONSULTANT) to act on its behalf directly and indirectly and in conjunction with CITY staff in providing the following scope of work: A. Scope of Work Staff cri t ica 1 review, processing, ana lysis, and recommendations with respect to the APPLICANT's request for various approvals within the EastLake I Planned Community Area, including, but not limited to, the following: 1. Review in detail the EastLake traffic studies both the developer and the City; review sub-regiona 1 traffic study for Chula Vista; and traffic studies as necessary. prepared for the SANDAG review other 2. Compare conclusions and identify contradictions, etc. among the studies. 3. Meet with City staff and others as necessary for clarifications, further discussions regarding assumptions, conclusions, etc. inconsistencies, 4. Prepare a staff report for the City Engineer which summarizes the adequacy of transportation system improvements and phasing for EastLake I; outlines the necessary studies to enable the City to seek proposals for a fac i 1 it ies benefit assessment district to fund off-site transportation facilities; and make evaluations and recommendations regarding traffic engineering standards for internal streets. V. COORDINATION OF PROJECT REVIEW: Pursuant to this agreement, CITY shall authorize CONSULTANT to coordinate and expedite, subject to the concurrence of the City Engineer of CITY, all such CITY departments or other governmental agencies as may -2- Q..\\'111 be necessary to undertake the activities, tasks, reviews, and analyses set forth hereinabove associated with such development project reviews, for the purpose of streamlining the CITY's consideration of said project and avoiding unnecessary delays in review, duplication of work as between various CITY departments, and other inefficient expenditures of staff time. VI. ADMINISTRATION OF CONSULTING CONTRACT: The CITY hereby appoints its City Engineer, or his designee, as the CITY's representative in the review and administration of the work performed by CONSULTANT pursuant to the terms of the CONSULTANT's scope of work. CONSULTANT and City Engineer shall meet as necessary for the purpose of discussing the project. VII. OBLIGATIONS OF CONSULTANT: CONSULTANT shall perform the scope of work described hereinabove and in doing so shall review, analyze, critique, and make recommendations regarding the various discretionary approvals sought by APPLICANT. VIII. ACCESS TO CITY FACILITIES: The CITY shall permit access to its facilities by CONSULTANT throughout the term of the contract. IX. OBLIGATIONS OF APPLICANT: APPLICANT, pursuant to the terms and conditions of this agreement, shall promptly remit to the CITY payments upon receipt of invoices for the amounts set forth and following the times provided in Paragraph XI I hereinbelow. X. APPLICANT'S SUBMITTAL OF MATERIALS: APPLICANT shall provide such information as necessary, pursuant to the terms and conditions of the EastLake I Planned Community District Regulations dated Ju ly 9, 1982, as amended, and the herein described scope of work for the CITY and CONSULTANT to review APPLICANT's proposal, excepting therefrom any business or trade secrets or otherwise proprietary business information held by APPLICANT. XI. TERM: Th is 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 the provisions contained hereinbelow in Paragraphs XV~ XVI, or XVII, or otherwise extended by all parties, on D~cember 31, 1984. XII. COMPENSATION: The compensation to be pa id by CITY to CONSULTANT sha 11 be $50.00 per hour including expenses and shall not exceed a maximum total of $10,000. CONSULTANT shall submit monthly invoices to the Finance -3- ~. \ \11\ Director of the CITY which shall be'due and payable within 30 days. The APPLICANT agrees to pay the CITY upon demand the total sum billed by the CONSULTANT each month for the duration of this agreement. Notwithstanding the above payment schedule, all monies shall be due and payable within 30 days of invoice, except as provided for hereinbelow with respect to cancellation at the convenience of CITY or for reasons of nonperformance. XIII. CITY ADMINISTRATIVE OVERHEAD: Pursuant to this agreement, CITY shall be entitled to claim from APPLICANT, in addition to the compensation schedule set forth hereinabove in Paragraph XII, one percent (1%) of said funds as CITY's administrative overhead incurred in the administration of this agreement. XIV. INTEREST OF CONSULTANT: CONSULTANT presently has and shall acquire no interest whatsoever in the EastLake Development Company's Planned Community project, the subject matter of this agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such confl ict or interest shall be employed or retained by CONSULTANT under this agreement. CONSULTANT specifically certifies that, to the best of his knowledge, neither CONSULTANT nor any other person employed or retained by CONSULTANT has performed work for or on behalf of the EAST LAKE DEVELOPMENT COMPANY, or its predecessor in interest. CONSULTANT specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to CONSULTANT or any employee, or representative of CONSULTANT, by . the APPLICANT, any employee, agent, or representative of the APPLICANT, regarding the subject matter of this agreement, or any future project in which APPLICANT has an interest. XV. TERMINATION OF AGREEMENT FOR CAUSE: 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 this 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 e'vent, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSULTANT shall, at the option of CITY, become the 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 Paragraph XII hereinabove. XVI. TERMINATION OF CONVENIENCE OF CITY: CITY niay 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 -4- ~_\\111 effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section XV hereinabove shall, at the option of CITY, become CITY's sole and exclusive property. 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 Paragraph XII hereinabove in the event of such termination. XVII. TERMINATION AT THE REQUEST OF APPLICANT: APPLICANT may terminate APPLICANT's obligations with respect to this agreement at any time and for any reason by giving written notice to CITY of such intent to terminate said agreement and specifying an effective date of such termination at least THIRTY (30) days before the date of termination. In the event that APPLICANT shall terminate the terms of agrement, APPLICANT shall remain liable for all work undertaken up to and including the effective date of said termination for which CITY shall be entitled to receive just and equitable compensation for satisfactory work performed by CONSULTANT due and owing pursuant to Paragraph XII hereinabove. XVIII. ASSIGNABILITY: CONSULTANT shall not ass ign any interest in th i s 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 and APPLICANT under this agreement may be assigned to a bank, trust company, or other financia 1 inst itut ion without such approva 1. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approvaL XIX. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL: A 11 reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreeent shall be the sole and exclusive property of 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 other country without the express written consent of CITY. CITY shall have unrestricted authority to publish, disclose (as may be limited to 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. CONSULTANT retains the right to keep a copy of his work for his personal files. -5- \<._\ '11 \ XX. INDEPENDENT CONTRACTOR: CITY is interested only in the results obtained, and CONSULTANT shal1 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 final work product as each phase of this agreement is comp1eted. CONSULTANT and any of CONSULTANT's agents, employees, or representatives are, for all puropses 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. XX 1. CHANGES: 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 compensation, which are mutually agreed upon by CITY, CONSULTANT and APPLICANT shall be effective as amendments to th is agreement only when in writing. IN WITNESS WHEREOF, CITY, CONSULTANT, and APPLICANT have executed this Contract for traffic engineering services (agreement) this 25th day of SeDtember , 1984. CITY OF CHUL VISTA: 41 By:' I< . Mayor Cx- CONSULTANT: By: G~ p. ~~ _ Gary R. Hansen APPLICANT: EASTLAKE DEVELOPMENT COMPANY, a California Corpor tion '2rJ~ By: WPC 1238E R-11771 -6- ..u_._~~~,.._~~~~..~."_~..~~_._~____..___~~__