HomeMy WebLinkAboutReso 1983-11383
Amended 9/21/83
RESOLUTION NO. 11383
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH COMMUNITY SYSTEMS ASSOCIATES, INC.
FOR THE PROVISION OF SERVICES FOR REDEVELOPMENT PLANNING AND,
IMPLEMENTATION MEASURES FOR THE OTAY VALLEY ROAD REDEVELOP~1ENT
PROJECT, AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT,
AND APPROPRIATING FUNDS THEREFOR
follows:
The City Council of the City of Chula Vista.does hereby resolve as
WHEREAS, the City Council of the City of Chula Vista desires to plan
and implement the Otay Valley Road Redevelopment Project; and
WHEREAS, the Redevelopment Agency of the. City of Chula Vista has
appropriated funds to reimburse the City for costs associated with the redevelopment
pr.ocess.
NOW, THEREFORE~ BE IT RESOLVED by the City Council. of the City of Chula
Vista that that certain consulting agreement with Community Systems Associates, Inc.
for the provision of redevelopment planning and implementation measures for the
Otay Valley Road Redevelopment Project Area, dated this day of ,
1983, a copy of which is attached hereto and incorporated herein by reference as if
set forth in full, be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor be, and he is hereby authorized
and directed to execute said agreement for and on behalf of the City Council of the
City of Chul a Vi sta. .
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
appropriates $50,000 from the General Fund to Account #100-0260_5201 for the purpose
of paying the cost of said agreement and other costs associated with the establish-
ment of the Otay Valley Road Redevelopment Project.
p~.:
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Paul G. Des rochers, Commun i ty
Development Director
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Approved as to form by
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Harron, City Attorney
CHUlA VISTA, CALIFORNIA, this
19 83 ,by the following vote, to_it:
Moore, McCandliss, Scott, Malcolm, Cox
Councilmen
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
20th day of September
AYES.:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
None
Councilmen
None
Councilmen
None
ATTEST /
R~
e City of Chula Vista
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, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11383
,and that the same has not been amended or repealed.
DATED
City Clerk
{seall
CC-660
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! \ PROFESSIONAL SERVICES AGREEMENT
This agreement is made and
1983, by and between THE CITY
COMMUNITY SYSTEMS ASSOCIATES,
(hereinafter "Consultant").
entered into this
OF CHULA VISTA
INCORPORATED, a
20th day of
(hereinafter
Ca1 iforni a
September ,
"City") and
corporati on
R E C I TAL S
WHEREAS, it has been determined that it is in the best interest of the
City to retain the professional services of a consultant for redevelopment
planning and implementation for the Otay Valley Road Redevelopment Study Area;
and,
WHEREAS, the Consultant is qual ifi ed to act as consultant to the City
in such a program.
NO\~, THEREFORE, IT IS HEREBY AGREED by and between the parties hereby
as foll ows: .
I. EMPLOYMENT OF CONSULTANT.
The City he\eby engages the services of the Consultant.
II.
SCOPE OF WORK.
.
The object of the work program is to accomplish the establishment of a
redevelopment project area in the Otay Valley Road Redevelopment Survey
Area by January 1, 1984, although completion of the program by that
date cannot be guaranteed. The components of the work program are as
foll ows:
Phase I
Establishment of a project area in preparation of a
Preliminary Redevelopment Plan
Preparation of Final Redevelopment Plan
Preparation of environmental documentation (EIR)
Ph ase II
Phase III
Phase IV
Overall coordination, project management
III. DELIVERABLES.
The Consultant will perform all professional services other than
preparation of the Environmental Impact Report, such as preparation of
the work products identified in each task, printing of written
statements, technical documents and draft and final reports, and
attendance of representatives of the project team at ten (10) meetings
to be agreed upon by the City and the project team.
.
The Environmental Impact Report shall be prepared by a subcontractor to
the Consultant, for a fee not to exceed the compensation identified for
Phase III: Preparation of Environmental Documentation in Section
VII I. B of thi s agreement. Said subcontractor shall be sel ected by the
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City Environmental Review Coordinator and shall coordinate with the
City Environmental Review Coordinator on all phases of the preparation
of environmental documentation.
The Consultant will produce and supply the followi~g reports and
documents:
A. Survey Area - Ten (10) copies of the Survey Area map and one (1)
master reproducible copy to be provided by the project engineer.
B. Project Area - Ten (10) copies of the Redevelopment Plan Project
Area Map and one (1) master reproducible copy to be provided by
project engineer.
Twenty-fi ve (25)
Redevelopment Pl an
reproducible copy.
D. Redevelopment Plan
,
C.
Preliminary Redevelopment Plan -
1. Five (5) copies of the Draft Preliminary Redevelopment Plan.
2.
copies of the Final Preliminary
and appropri ate maps and one (1) master
1. Five (5) copies of the Draft Final Redevelopment Plan.
Twenty-five (25) copies of the Final Redevelopment Plan and
appropri ate maps and one" (1) master reproduci bl e copy.
E. Environmental Impact Report
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2.
1. Five (5) copies of the Environmental Assessment Forms.
Fi ve (5) copi es of the Draft Envi ronmenta 1 Impact Report for
Ci ty revi ew.
3. Seventy-five (75) copies of the Draft Environmental Impact
Report and appropriate maps and one (1 ) master reproducible
copy.
2.
4. Twenty (20) copies of the Final Environmental Impact Report
and appropriate maps and one (1) master reproducible copy.
F. Agency's Section 33352 Report to the City Council
1. Three (3) copies of the Draft Section 33352 Report.
2. Ten (10) copies of the Final Section 33352 Report and
appropriate maps and one (1) master reproducible" copy.
G. Pl anni ng Commi ssi on's Report
P-/1383
1.
One (1) copy of the Draft Planning Commission Report.
Ten (l 0) copi es of the Fi na 1 Pl anni ng Commi ss i on Report and
appropriate maps and one (1) master reproducible copy.
2.
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H. Project Area Committee Report
1. One (l) copy of the Draft Project Area Committee Report.
2. Ten (l 0) copi es of the Fi nal Project Area Committee Report
and appropriate maps and one (l) master reproducible copy.
I. Resolutions and Ordinances
1. One (1) copy of each draft Resolution and Ordinance (20
documents).
2. One (l) copy of each fi nal Resol uti on and Ordi nance with
attachments (20 documents).
J. Public t4eeting and Public Hearing Notices
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1. One (1) copy of each Draft Public Meeting and Public Hearing
Notice.
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2. One (l) copy of each Final Public Meeting and Public Hearing
Notice for newspaper consideration.
3. One (1) Notice to Property Owners and others for the. Publ ic
Hearing.
4. One (1) letter attached to notices explaining the notice.
5. One (l) letter notice to property owners and others on the
citizen information meeting.
K. CEQA and Community Redevelopment Law Notices (i.e. Notice of
Preparation, Notice of Completion, Notice of Determination on
E.I.R., Statement of Preparation of the Redevelopment Plan, Tax
and Entity Consultation Requirements, Recordation Documents.)
1. One (1) copy of each draft noti ceo
2. One (1 ) copy of each fi nal noti ce wi th appropri ate
attachments.
L. Public Relations Documents (i.e. newspaper articles, public.
hearing handouts, etc.)
l. One (l) copy of each draft handout.
2. One (1) copy of each final newspaper article.
3. One (1) copy of the final public hearing handout.
4. Other documents, as agreed upon between the City and the
project team.
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IV.
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The fee schedul e does not i ncl ude the servi ces of those associ ate
consultants which may be required to complete the work program, such as
the City Attorney, Agency's legal counsel, and the City Engineer. It
also does not include: (1) additional extraordinary research, analysis,
studies, and reports as a result of requests by other agencies,
organizations, or authorities not directly a part of the City, or (2)
negoti ati on meeti ngs wi th the fi sca 1 revi ew commi ttee or other taxi ng
entities which exceed the 16 hours allotted for that purpose. Such
additional work and services shall be subject to the attached Standard
Rate Schedule and shall be based upon actual cost of time and other
services.
PROJECT PERFORMANCE.
Schedul e. The Consul tant has formul ated a time schedul e for the
compl eti on of each task of the work program. The timeframe is a
highly efficient one and will require total cooperation and
immediate attention by each responsible party. With the full
commitment of the elected, appointed, and staff participants, the
work tasks can be completed within the timeframe set forth. This
requires that the desired meetings and public hearings be
conducted and compl eted in an effi ci ent timeframe. By mutual
consent the schedul e may be amended, as long as the Oecember 31,
1983, deadl i ne for adopti on of the Redevelopment Pl an can be
achieved.
A.
The schedul e whi ch shall be pursued by the Consultant for the
approval of the Redevelopment Plan is as follows:
September 14:
September 16:
October 25:
October 26:
November 2:
November 15:
November 22:
December 6:
December 13:
December 12:
December 14:
December 15:
December 20:
December 30:
Pl anni ng Commi ssi on and Agency approve boundari es
and preliminary plan
Notice of preparation of EIR, plan, and legal
description sent to State Board of Equalization,
local taxing jurisdictions and responsible agencies
Agency approves draft EIR
Notice of Completion of EIR
Planning Commission reviews draft EIR and draft
fi nal pl an
Agency calls for joint public hearing on plans
Publish notice of public hearing
Last day to receive comments on draft EIR
Final EIR completed
Agency adopts report to Council
Public hearing, First reading of ordinance
Second reading of ordinance
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B.
Cancellation by Mutual Consent. At such times as the Consultant
and Clty mutually agree that based upon the Consultant's analysis
or other data a redevelopment project is infeasible or undesirable
within the study area, this agreement may be cancelled by mutual
agreement of the parties in writing using the procedures outlined
in Section XII A through XII F of this agreement.
V. RESPONSIBILITY.OF THE CONSULTANT.
A: The Consultant shall be responsible for professional quality,
technical accuracy, timely completion, and coordination of all
reports and other services furnished by the Consultant under this
agreement, except that the Consultant shall not be responsible for
the accuracy of information suppl ied by the Agency or City of
Chula Vista. Any corrections required due to the Agency's
inaccurate data or information shall be the Agency's
responsibil ity:
B. The Consultant shall perform such professional services as may be
necessary to accompl i sh the work requi red to be performed under
this agreement, in accordance with this agreement.
VI. CHANGES.
.
A. The City may make changes within the scope of thi s agreement in
the services or timing of work to be performed, including
additional review of drafts, additional meetings, etc. If such
changes cause an increase or decrease in the Consultant's cost of,
or time required for, performance of any services under this
agreement, whether or not changed by an order, an equitable
adjustment shall be made and this agreement shall be modified in
writing accordingly. Any claim of the Consultant for adjustment
under this clause must be asserted in writing within thirty (30)
days from the date of receipt by the Consul tant of the
notification of change unless the City grants a further period of
time before the date of final payment under this agreement.
B. No services for which additional compensation will be charged by
the Consul tant shall be furnished without authorization of the
City.
VII: OATA ANO SERVICES.
A. The Consultant shall provide all necessary professional' and
non-profess i onal servi ces, offi ce space, equi pment, suppl i es and
other items of whatever kind and nature required for the
performance and compl eti on of the program, provi ded that the Ci ty
shall make office space available to the Consultant as necessary
for work on-site.
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B. All information, data, reports, records, and maps already prepared
by the City for the area are deemed necessary 'for the carrying out
of the work, and shall be furni shed to the Consultant wi thout
charge by the City in a complete and ,accurate format. The City
shall make all reasonabl e efforts to cooperate with the Consultant
in carryi ng out the work.. The scope of servi ces outl i ned in
Section II of this agreement is based upon the assumption that all
agencies will cooperate with the Consultant in providing all
pertinent information, data, records, maps, and analyses.
C. Final non-proprietary materials prepared by the Consultant for
inclusion in reports shall be deemed to be the property of the
City, provided that word processing software, including disks,
cartridges, etc., shall remain the property of Consultant and a
reasonable fee shall be charged in the event that the City wishes
to transfer such software and the information thereon to another
word processing or computer system. City shall not make changes
in any materials prepared without thee express consent of
Consul tanto ' ,
VIII. COMPENSATION.
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A:
Fee. The City agrees to pay the Consultant for all services,
material s and other costs rendered in the performance of this
agreement as described in Part II a sum not to exceed $30,000.
Any work requested beyond the scope of services in Part II shall
be done on a time and materials basis. Any publication cost
authorized by the City will be billed on a cost-reimbursable
basis. Direct cost will be billed on a monthly basis as incurred.
Payment Schedule. The breakdown of the fees for the various
phases presented in the work program and in accordance with the
schedule of hourly rates is as follows:
B.
Phase I
Establishment of a project area in
preparation of a Preliminary Redevelopment
Pl an
$ 3,000
$15,000
Phase II Preparation of Final Redevelopment Plan
Phase III Preparation of environmental documentation
(EIR)
$ 7,500
$ 2,000
$ 2,500
$30,000
Phase IV Overall coordination, project management
Other reimbursable costs
TOTAL NOT TO EXCEED
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C.
Bill ;ng. Reimbursement for Consul tant services on a monthly basis
based upon actual cost of time and materials shall be as follows:
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The Consultant will bill the City monthly upon completion of
the various tasks or portions thereof. Monthly invoices will
be based upon a percentage of work accomplished.
Monthly invoices with the compensation provisions will also
include an itemization for the number of hours contributed
and tasks completed or partially completed:
2. The Ci ty wi 11 reimburse the proj ect team for actual costs
incurred each month for compl eti on of the vari ous tasks or
portions thereof:
1.
The City will review the monthly invoices to see that all
servi ces performed, and products submitted, are consi stent
with this proposal.
4. The total of all monthly invoices shall equal the fees for
services as is stated herein, plus any additional services
authorized by the City.
3.
5. Monthly fees shall be payable upon receipt of said invoices.
.
The project fee includes all professional services such as
preparation of all work products, printing of written statements,
technical documents, draft and final reports, and attendance of
the Consultant at the ten (10) formal meetings as directed by the
City. Any continued meeting shall constitute a new meeting within
the allowed ten (10) foma1 meetings and shall be subject to an
additional fee. Additional meetings shall be subject to the
attached Standard Rate Schedule. The basic project fee does
include travel expenses. The Consultant and City staff will
develop a reasonable and mutually agreed upon informal meeting
schedule consistent with the work program and as necessary and
appropriate to complete this study. This is included in the fee.
D.
If litigation ensues relating to work under this agreement,
Consultant shall be reimbursed for any invo1 vement at standard
time and materials rates for such involvement.
IX. FINDINGS CONFIDENTIAL.
Any report, information, data, etc., given to or prepared or assembled
by the Consultant under thi s agreement whi ch the Ci ty requests to be
kept as confidential shall not be made available to any individual or
organization by the Consultant without prior approval of the City.
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X.
REPRESENTATIVES OF PARTIES TO AGREEMENT.
The following are designated as representatives of parties to this
agreement:
A: City designates the Director of Community _ Development as its
representati ve in all matters under thi s contract (except
execution thereof) and all notices given to the City shall be so
addressed.
B. Consultant designates 14arshall Krupp as the representative under
this contract and all notices sent to Consultant shall be
addressed to the above designated representative at Community
Systems Associates, Incorporated, 203 South Brea-Boulevard, Brea,
California 92621.
XI. INSURANCE.
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A.
The Consultant and all agents, assi stants,
subcontractors employed by the Consultant shall
contractors and not employees of the City.
B. Consultant shall provide and maintain in full force and effect
while operating under the terms of this agreement, a comprehensive
liability policy which shall include bodily injury, automobile
liability and property damage coverage. The minimum limits for
this coverage shall be $500,000 combined single limit for
liability and $100,000 for property insurance.
emp 1 oyees, and
be independent
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C: Consultant shall provide and maintain in full force and effect
while operating under the terms of this agreement a workers
compensation insurance and employer's liability policy. The
minimum limits of such coverage shall be that as prescribed by law.
XII. TERMINATION.
,
A. This agreement may be terminated, in whole or in part, in writing
by either party in the event of substantial failure by the other
party to fulfi 11 its obl i gati ons under thi s agreement through no
fault of the terminating party, provided that no such termination
may be effected unl ess the other party is gi ven (1) no 1 ess than
thirty (30) days written notice (delivered by certified mail,
return recei pt requested) of the intent to termi nate or (2) an
opportunity for consultati on wi th the termi nati ng party pri or to
termination.
B. The agreement may be terminated, in whole or in part, in writing
by the City for its convenience, provided that no such termination
may be effected unl ess the Consultant is gi ven (1) not 1 ess than
thirty (30) days written notice (delivered by certified mail,
return recei pt requested) of the intent to termi nate and (2) an
opportunity for consultation with the City prior to termination.
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C. If tennination under A or B is effected by the City, an equitable
adj ustment in the fee provi ded for in thi s agreement shall be
made. The equitable adjustment for any tennination shall provide
for payment to the Consul tant for servi ces rendered and expenses
incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the Consultant relating to
commitments which had become firm prior to the termination.,
D. Upon receipt of a termination notice pursuant to A or B above, the
Consultant shall (1) promptly di sconti nue all servi ces affected
(unless the notice directs otherwise) and (2) deliver to the City
all data, drawings, reports, summaries, and such other information
and materi al s as may have been intended to be used in report
preparation by the Consultant in performing this agreement,
whether completed or in process.
E. Upon termination pursuant to paragraphs A or B above, the City may
take over the work and prosecute the same to completion by
agreement with another party or otherwise.
F. The rights and remedies of the City and the Consultant provided in
this clause are in addition to any other rights and remedies
provided by law or under this agreement.
XIII.
ENTIRE AGREEMENT.
.
Thi s agreement supersedes any and all other agreements, ei ther oral or
in writing, between the parties hereto with respect to the sUbject
matter hereof, and no other agreement, statement, or promise relating
to the subject matter of this agreement which is not contained herein
shall be valid or binding.
XIV.
ASSIGNMENT.
Neither this agreement nor any duties or obligations hereunder shall be
assi gned by the Consultant without prior written consent of the City.
In the event of an assi gnment by the Consul tant to whi ch the Ci ty has
consented, the assignee or his legal representative shall agree in
writing with the City to personally assume, perform, and be bound by
covenants, obligations, and agreements contained herein.
XV. SUCCESSORS AND ASSIGNS.
.'
Subject
binding
assi gns
to the provision regarding assignment, this agreement shall be
on the heirs, executors, administrators, successors, and
of the respective parties.
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XVI. ATTORNEY'S FEES.
If any action at law or inequity is brought to enforce or interpret the
provisions of this agreement, the prevailing party shall be entitled to
reasonable attorney's fees in addition to any other relief to which he
may be entitled.
XVII. GOVERNING LAW.
The validity of this agreement and of any of its terms or proVlslons,
as \~ell as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
Date:
September 20, 1983
CITY OF CHULA VISTA
COMMUNITY .SYSTEMS ASSOCIATES,
I NCORPORA TED
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Acti ng City Attorney.
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COI"fWN ITY SYS TEI~S ASSOC J.L\TE S, INC.
AND ALFRED GO BAR ASSOCIATES, INC.
STANDARD RATE SCHEOULE
(Effective January 1, 1983 through December 31, 1983)
Fee Rate
Per Hour
Redevelopment, Planninq and Environmental
Services
Principal
Associate/Project Manager
Graphics Designer
Technical Staff
$100.00
55.00
35.00
25.00
Economic Services
Chief Economist
Senior Economist
$100.00
50.00.
Municipal Finance Services
Finance Principal
$ 85.00
Clerical Services
Secretary
I-lord Processor
$ 30.00
25.00
Other Services
Outside Consultants
Other Non-Personnel Services
(Printing, t~aterials, Travel, etc.)
Consultant Coordination
Delivery
Cost + 20%
Cost + 20%
$ 55.00
20.00
Except as mutually agreed upon between client and consultant, 1) all
invoices are due and payable upon receipt of the invoice; 2) interest
wi 11 be charged on all past due accounts at. a rate of 1-1/2% per month
(18% annum); and 3) overtime shall be charged at 1.25 times the
Standard Rate Schedule.
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