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HomeMy WebLinkAboutRDA Packet 1999/03/16Tuesday, March 16, 1999 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Regular Joint Meeting of the Redevelopment Agency / City Council of the City of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Davis [~l, Moot ~l, Padilla ~l, Salas [~l, and Chair Horton [~1 CONSENT ITEMS (Items 2 - 3 ) (Will be voted on intmediately followthg the Council Consent Calendar during the City Council meetthg) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. APPROVAL OF MINUTES: January 5, 1999; January 19, 1999; February 2, 1999; February 9, 1999 3. RESOLUTION 1619: APPROVING REPAYMENT OF REDEVELOPMENT AGENCY LOANS IN THE AMOUNT OF $218,312 FOR AGENCY-OWNED SPACES AT ORANGE TREE MOBILE HOME PARK--In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park with a $600,000 acquisition loan which was converted to loans for lower income residents to help them purchase their spaces. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces after the newly-formed homeowner's association was unable to secure financing to purchase these unsold spaces. The residents who did not purchase their space remained as renters. The Agency has sold spaces since that time and currently own 13. A loan repayment of $218,312 is necessary to repay the outstanding loan on the remaining I3 spaces. Staff recommends repaying the Redevelopment Agency loans since the rate of interest being charges on these loans is 11.5%. Funds to repay the Agency loans are available in the Orange Tree Mobile Home Park Warehouse account. Staff Recommendation: Agency adopt the resolution. [Director of Community Development] ADJOURNMENT TO CITY COUNCIL MEETING Agenda -2- March 16, 1999 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is no~t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the City Clerk prior to the meeting. 4. COUNCIL APPROVING AGREEMENT WITH LIPMAN STEVENS MARSHALL RESOLUTION 19396 & THENE, INC. FOR PROVIDING APPRAISAL SERVICES FOR AGENCY VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT RESOLUTION 1620 AND REDEVELOPMENT PROJECTS--On 11/17/98, staff sent proposals to 6 firms to provide professional property appraisal and/or acquisition services for the City and/oc Redevelopment Agency of Chula Vista. addition, an ad was placed in the Star News requesting proposals on 11/7/98. As a result of this solicitation of proposals, 4 firms responded. Two of the firms proposed to provide appraisal services and two firms proposed to provide acquisitions this interview, the firm of Lipman Stevens Marshall & Thene, Inc. was chosen to provide property appraisal services to the City and/or Redevelopment Agency. Staff Recommendation: Council/Agency adopt the resolutions. [Director of Public Works] 5. COUNCIL APPROVING AGREEMENT WITH RYALS AND ASSOCIATES RESOLUTION 19397 FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL AGENCY IMPROVEMENT, ECONOMIC DEVELOPMENT AND RESOLUTION1621 REDEVELOPMENT PROJECTS--On 11/17/98, staff sent proposals to 6 firms to provide professional property appraisal and/or acquisition services for the City and/or Redevelopment Agency of Chula Vista. In addition, an ad was placed in the Star News requesting proposals on 11/7/98. As a result of this solicitation of proposals, 4 firms responded. Two of the firms proposed to provide appraisal services and two firms proposed to provide acqnisitions services. None of the firms offered to provide both services. As a result of this interview, the firm of Ryals and Associates was chosen to provide property appraisal services to the City and/or Redevelopment Agency. This firm has provided these services for the last five years. Staff Recommendation: Council/Agency adopt the resolutions. [Director of Public Works] Agenda -3- March 16, 1999 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. OTHER BUSINESS 6. DIRECTOR'S REPORT(S) 7. CHAIR(S) 8. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the Regular Redevelopment Agency Meeting on April 6, 1999 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the CIO:. The Agency is required by law to return to open session, issue any reports of.final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of .final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 9. CONVERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 1) Property: Assessor Parcel Nos. 565-310-09; 565-310-25 (approximately 6.35 acres located at the northwest corner of 1-5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiations: Price and terms for disposition 2) Property: Approximately 4 acres at the southeast corner of 1-5 and SR-54 Negotiating Parties: City and Redevelopment Agency of Chula Vista (Chris Salomone) and CalTrans Under Negotiations: Price and terms for disposition/acquisition Agenda -4- March 16, 1999 3) Property: Assessor Parcel No. 562-310-45 (approximately 14.56 acres at the southwest corner of National City Blvd. and C Street) Negotiating Parties: City and Redevelopment Agency of Chula Vista (Chris Salomone) and Wayne Ansley Under Negotiations: Price and terms for disposition/acquisition 4) Property: Assessor Parcel No. 562-321-06 (approximately 10 acres located at the northeast corner of SR-54 and National City Blvd.) Negotiating Parties: City and Redevelopment Agency of Chula Vista (Chris Salomone) and Derr Family Trust Under Negotiations: Price and terms for disposition/acquisition 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9(b). Contemplated use of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency owned property. 11. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-022-17 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone); San Diego Unified Port District; B.F. Goodrich Under Negotiations:Purchase/lease terms and conditions MINUTES OF A JOiNT MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 5, 1999 Council Chambers 4:40 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, and Chair/Mayor Horton ABSENT: Agency/Council Member Salas ALSO PRESENT: City Manager Rowlands, City Anorney Kaheny, City Clerk Bigelow CONSENT ITEMS ( Items 2 and 3 ) 2 APPROVAL OF MINUTES of November 24, 1998 3. AGENCY APPRO\qNG AN .AMENDMENT TO THE PROJECT STAFFING/ RESOLUTION 1615 CONSULTANT AND PROCESSING AGREEMENT WITH COUNCIL TUCHSCHER DEVELOPMENT ENTERPRISES, INC. FOR RESOLUTION 19328 DEVELOPMENT OF A MIXED USE PROJECT ON THE MIDBAYFRONT PROPERTY On November 17, 1998, the Agency/Council approved a Project Staffing/Consultant and Processing Agreement contingent upon the execution of an option agreement between the primary property owner and Tuchscher Development Enterprises, Inc. (Developer). The Developer has incurred unexpected costs due to negotiations with the primary property owner. The Agency/Council has committed to assist with the costs and proposes to amend the Agreement to reduce the required deposit to $55,000. Other provisions in the Agreement remain unchanged. Staff recommendation: the Agency/Council approve the resolution. (Community Development Director) ACTION: Chair/Mayor Horton offered the Consent Calendar for adoption. The motion carried 4-0~ with Agency/Councilmember Salas absent. ORAL COMMUNICATIONS There were none. OTHER BUSINESS There was none. At 4:41 p.m., Chair/Mayor Horton adjourned the meeting to Closed Session. Council/Redevelopment Agency -2- January 5, 1999 CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiations: Disposition price and terms No action was taken in Closed Session. ADJOURNMENT At 5:05 p.m., Chair/Mayor Horton adjourned the Closed Session to the Regular Redevelopment Agency Meeting to be held January 19, 1999, at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk MTN-UTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA JANUARY 19, 1999 6:00 P.M. CALL TO ORDER A Joint Regular Meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 6:18 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PKESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow CONSENT ITEMS ( Items 2 and 3 ) 2 APPROVAL OF MINUTES of December 15, 1998 3. REPORT ON AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1998 Presented for Council/Agency information and acceptance were the Audited Financial Statements for the fiscal year ended June 30, 1998, as prepared by the independent audit firm of Calderon, Jaham & Osborn. Both the City's and the Agency's Annual Financial Reports received unqualified (clean) opinions from the independent audit firm. Staffrecommendation: Council/Agency accept the FY 97/98 Financial Statements. (Director of Finance) ACTION: Chair/Mayor Horton offered the Consent Calendar for adoption. The motion carried 5-0. ORAL COMMUNqCATI ONS There were none. OTHER BUSINESS There was none. At 6:25 p.m., Chair/Mayor Horton adjourned the meeting to Closed Session. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF TI-IE CITY OF CHULA VISTA, CALIFORNIA FEBRUARY 2, 1999 4:00 P.M. CALL TO ORDER A joint meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 4:25 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Padilla, and Chair/Mayor Horton ABSENT: Agency/Council Members Moot and Salas ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow CONSENT ITEM 2.. AGENCY RESOLUTION 1616, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SITE CLEARING OF THE PARCEL AT 965 AND 980 LAGOON DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (RD-229) On December 16, 1998, sealed bids were received for site clearing at 965 and 980 Lagoon Drive. The work consists of the demolition, removal, disposal, clearing, hauling, backfilling, and grading plus other miscellaneous work; and also includes all labor, material, equipment, transportation, and traffic control necessary to complete the project. Staffrecommendation: the Agency adopt the resolution accepting the bids and awarding the contract to Med Tox, Inc. of Santa Ana, CA. (Director of Public Works) ACTION: Agency/Council Member Davis moved to approve the Consent Calendar. Agency/Council Member Padilla seconded the motion, and it carried 3-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING TO CONSIDER THE SALE OF SPACE AT 154 ORANGE TREE MOBILEHOME PARK RESOLUTION 1617, AUTHORJZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 154 AT ORANGE TREE MOBILEHOME PARK PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park with a $600,000 acquisition loan which was converted to loans for lower income residents to help them purchase their spaces. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces after the newly-formed homeowner's association was unable to secure financing to purchase these unsold spaces. The residents who did not purchase their space remained as renters. The Agency's desire is to sell these spaces as new home buyers move into the park. The Agency currently owns 14 spaces, having sold 15 spaces. Staff recommendation: The Agency adopt the resolution. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and Chair/Mayor Horton declared the hearing closed. ACTION: Agency/Council Member Padilla offered Resolution 1617, heading read, text waived. The motion carried 5-0. ACTION ITEMS 4. AGENCY RESOLUTION 1618 AND COUNCIL RESOLUTION 19355, APPROVING REPAYMENT OF AGENCY DEBT TO THE CITY, APPROVING A FUNDING AGREEMENT FOR THE PROVISION BY THE CITY OF $250,000 TO THE OLYMPIC TRAINING CENTER, AND APPROPRIATING FUNDS THEREFOR (4/5TH's VOTE REQUIRED) On April 19, 1994, the City Council voted to support the concept of donating $1 million to the Olympic Training Center to assist in the completion of facilities. The source of City funds was intended to be funds received through repayment to the City by the Redevelopment Agency using proceeds from the sale to the Port District of real property located at 980 Lagoon Drive, owned by the Agency. The Agency is currently in escrow for the sale of that property to the Port, and $250,000 of purchase funds that the Port has deposited are immediately available. Staff has negotiated a Funding Agreement with the Olympic Training Center which commits the Center to providing and enhancing certain programs, functions and activities that benefit the local community. (Community Development Director) ACTION: Chair/Mayor Horton moved to continue the hearing to February 9, 1999. Agency/Council Member Davis seconded the motion, and it carried 3-0. OTHER BUSINESS There was none. Page 2 ~'" ~- 02/02/99 ADJOURNMENT At 4:30 p.m., Chair/Mayor Horton adjourned the meeting. The Closed Session was canceled. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 3 ~ --~ 02/02/99 MINqJTES OF A JOiNT MEETiNG OF TI-I~ REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA FEBRUARY 9, 1999 6:00 P.M. CALL TO ORDER A joint meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 6:35 p.m. (immediately following the City Council meeting) in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton AB SENq': None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow OIL4.L COMMUNICATIONS There were none. ACTION ITEM 2. AGENCY RESOLUTION 1618 ANrD CITY COUNCIL RESOLUTION 19355, .4~PPROVING REPAYMENT OF AGENCY DEBT TO THE CITY, APPROViNG A FUNDING AGREEMENT FOR THE PROVISION BY THE CITY OF $250,000 TO THE OLYMPIC TRAINING CENTER, AND APPROPRIATiNG FUNDS THEREFOR (CONTINUED FROM THE MEETING OF FEBRUARY 2, 1999; 4/5TH'S VOTE REQUIRED) On April 19, 1994, the City Council voted to support the concept of donating $1 million to the Olympic Training Center to assist in the completion of facilities. The source of City funds was intended to be funds received through repayment to the City by the Redevelopment Agency using proceeds from the sate to the Port District of real property located at 980 Lagoon Drive, owned by the Agency. The Agency is currently in escrow for the sale of that property to the Port, and $250,000 of purchase funds that the Port has deposited are immediately available. Staffhas negotiated a Funding Agreement with the Olympic Training Center which commits the Center to providing and enhancing certain programs, functions and activities that benefit the local community. (Community Development Director) Mayor Horton suggested that perhaps some of the contractors involved in the remedial m~ugation and demolition activities might donate some of their services so that the City could contribute the savings to the Olympic Training Center. ACTION: Mayor Horton then offered Agency Resolution No. 1618 and Council Resolution No. 19355 for adoption. The motion carried 5-0. Page 2 02/09/99 OTHER BUSINESS There was none. ADJOURNMENT At 6:40 p.m., Chair/Mayor Horton adjourned the meeting to Closed Session and thence to the Regular City Council and Redevelopment Agency meetings to be held on February 16, 1999. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk REDEVELOPMENT AGENCY AGENDA STATEMENT Item Meeting Date 03/16/99 ITEM TITLE: RESOLUTION / ~ I ¢~ APPROPRIATING 9214,394 IN THE FY1998-99 ORANGE TREE MOBILE ROME PARK OPERATING BUDGET FOR REPAYMENT OF LOANS FOR 13 AGENCY-OWNED SPACES AT ORANGE TREE MOBILE HOME PARK, BASED ON UNANTICIPATED REVENUE FROM SPACE SALES SUBMITTED BY: Community Development Director ~_ ~ ' Oirecto _ ,.,.tb.V.e: Yes X No REVIEWED BY: Executive BACKGROUND: In November 1987, Orange Tree Mobile Home Park converted to resident ownership. The Redevelopment Agency assisted the residents in purchasing their park with a 8600,000 acquisition loan from Bank of America which was converted to loans for lower income residents to help them purchase their spaces. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces after the newly-formed homeowner's association was unable to secure financing to purchase the unsold spaces. The residents who did not purchase their space remained as renters. Over the years, the Agency has sold 15 spaces and currently owns 14 spaces. However, Agency-owned space number 154 has received an offer to purchase and the Bank of America loan will be repaid through the escrow process. Therefore, the loan repayment is based on 13 spaces. To repay the Bank of America loan for the 13 spaces, principal and interest has been calculated at 8218,312 Staff recommends repaying the Redevelopment Agency loans since the rate of interest being charged on these loans is 11.5%. Funds to repay the Agency loans are available in the Orange Tree Mobile Home Park loan repayment account. This account has an available balance of 9214,805 from the proceeds of loans when spaces have been sold. The principal due on the 13 spaces has been calculated at 8214,394. The difference of 83,918 represents the interest due on the Redevelopment Agency loans and will be paid from the FY 1998- 99 Orange Tree Mobile Home Park operating budget which has a balance of 973,000 to specifically pay for the annual principal and interest payments on the Agency loans. RECOMMENDATION: That the Redevelopment Agency appropriate 8214,394 in the FY 1998-99 Orange Tree Mobile Home Park operating budget for repayment of loans for 13 Agency-owned spaces at Orange Tree Mobile Home Park, based on unanticipated revenue from space sales. Page 2, Item Meeting Date 03116199 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: As of January 1999, the Agency owes ~218,312 in principal and interest on the acquisition loans for the 13 spaces. Staff recommends retiring these loans early since the Agency is being charged an annual interest rate of 11.5%. The repayment would save the Agency $73,000 per year in principal and interest payments. Funds to repay the loans are available in the Orange Tree Mobile Home Park loan repayment account which has accumulated a balance of $214,805 from the proceeds when spaces have sold. Additional funds in the amount of $73,000 is budgeted for fiscal year 1998-99 in the Orange Tree Mobile Home Park operating budget specifically for paying the annual principal and interest payments on the Agency loans. The total repayment of principal and interest is $218,312. The principal due on the loans has been calculated at 9214,393 and is available in the Orange Tree Mobile Home Park loan repayment account. The remaining amount of $3,918 represents the interest payment and will be expended from the 973,000 budgeted in the FY 1998-99 Orange Tree Mobile Home Park operating budget for a total loan repayment of $218,312. The remaining balance of 969,082 from the Orange Tree Mobile Home Park operating budget for principal and interest payments will be reprogrammed back into the Low and Moderate Income Housing Fund. Staff has discussed repayment of the Agency loans with the Finance Department and has received concurrence that it would be in the best interest of the Agency to repay the loans and save $73,000 per year in principal and interest payments. FISCAL IMPACT: Repayment of the Bank of America loans in the amount of $218,312 will save the Agency approximately $73,000 per year in principal and interest payments. Since it is the intent of the Agency to sell the remaining spaces as they become available, the proceeds from the sale of Agency spaces will be deposited into the Low and Moderate Income Housing Fund for further use in providing affordable housing programs. The repayment of the Redevelopment Agency loans will not change the current level of staff participation in administering the sale of spaces in Orange Tree Mobile Home Park. (JFA)IC: 0FFICE...11310TMHP. 113 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $214,394 IN THE FISCAL YEAR 1998-99 ORANGE TREE MOBILE HOME PARK OPERATING BUDGET FOR THE REPAYMENT OF LOANS FOR 13 AGENCY- OWNED SPACES AT ORANGE TREE MOBILE HOME PARK, BASED ON UNANTICIPATED REVENUE FROM SPACE SALES WHEREAS, in November 1987, Orange Tree Mobile Home Park converted to resident ownership; and WHEREAS, the Redevelopment Agency received an acquisition loan from Bank of America in the amount of $600,000 to purchase 29 spaces in Orange Tree Mobile Home Park for residents who did not desire to purchase the space; and WHEREAS, the the Redevelopment Agency current ownes 13 spaces with Agency- owned space number 154 under negotiation for purchasel and WHEREAS, staff recommends repayment of the Bank of America loans in the amount of $218,312 for 13 Agency-owned spaces at Orange Tree Mobile Home Park. The principal amount due is $214,394. The balance of $3,918 represents the interest expense and is available in the FY 1998-99 Orange Tree Mobile Home Park operating budget. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby find, order, determine, and resolve to appropriate $214,394 in the fiscal year 1998-99 Orange Tree Mobile Home Park operating budget account 993-9931-5610 for repayment of the principal amount due on the Redevelopment Agency loans. The balance of $3,918 represents the interest due on the Redevelopment Agency loans and will be paid from the FY 1998-99 Orange Tree Mobile Home Park operating budget account 993-9931-5650 for a total loan repayment of $218,312. BE IT FURTHER RESOLVED that it is the intent of the Redevelopment Agency to continue to sell the Agency-owned spaces as they become available and to deposit the proceeds into the Low and Moderate Income Housing Fund. Presented by Approved as to form by [{JFA) C:\OFFICE\...A113 (OTMHP.RES) (March 9, 1999 (2:05pm)] JOINT COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT Item g] Meeting Date 3/16/99 ITEM TITLE: Resolution I Approving agreement with Lipman Stevens Marshall & Thene, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects Agency Resolution ]~.0 Approving agreement with Lipman Stevens Marshall & Thane, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects SUBMITTED BY: Director of Public Works~ ~ ~ REVIEWED BY: City Manager/Executive DirectoQ~ ~ Vote. Yes __(~ · NoX) Several capital improvement projects are currently budgeted which require additional right-of-way for construction. To expedite the acquisition process, staff must first appraise the value of the property. Staffproposes to contract for property appraisal services for a period of two years with a renewable clause for an additional year. Staff has evaluated the proposa! for providing professional appraisal services and recommends that the City/Agency approve an agreement with Lipman Stevens Marshall & Thene, Inc. to provide these services through March 31, 2001, which will also include a renewable clause for an additional year through March 31, 2002. RECOMMENDATION: That Council and the Redevelopment Agency approve the resolutions approving the agreement with Lipman Stevens Marshall & Thene, Inc. for professional property appraisal services. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 17, 1998, staff sent proposals to 6 firms to provide professional property appraisal and/or acquisition services for the City and/or Redevelopment Agency of Chula Vista. In addition, an advertisement was placed in the Star News requesting proposals on November 7, 1998. As a result of this solicitation of proposals, 4 firms responded. Two of the firms proposed to provide appraisal services and two firms proposed to provide acquisitions services. None of the firms offered to provide both services. A panel of four persons approved by the City Manager/Executive Director reviewed the proposals and met on January 11, 1999, and January 12, 1999, to interview and rank the firms. The panel consisted of one Senior Civil Engineer, one Civil Engineer, one Senior Community Development Specialist and the Purchasing Agent. The Committee based their selection on the firm's qualifications and experience of professional staff, performance of similar work, ability to provide Page 2, Item __ Meeting Date 3/16/99 services, willingness to enter into a multi-year contract, the quality of the presentation, and the fees it would charge the City to accomplish two sample appraisals, previously provided to each company. The criteria for the selection is summarized in the table below: CRITERIA LIPMAN STEVENS DAVID YERKE COMPANY QUALIFICATIONS 98 95 EXPERIENCE 98 96 EXPERIENCE OF STAFF 99 94 PERFORMANCE 98 94 MULTI YEAR CONTRACT 100 100 QUALITY OF PRESENTATION 97 98 FEES 98 98 AVERAGE 98 96 Both companies were determined to be highly qualified and capable of performing the required work. However, as a result of this interview, the firm of Lipman Stevens Marshall & Thene, Inc. was chosen to provide property appraisal services to the City and/or Redevelopment Agency. The Committee was particularly impressed by the firm's extensive experience in the City of Chula Vista and the quality of the services they have provided the City/Redevelopment Agency in the past. It was the Committee's consensus that this experience will reflect in the efficient completion of the appraisal work and will ultimately cost the City/Redevelopment Agency less than obtaining the services from the other consultant. Staff proposes to contract with this firm on an as-needed basis through March 31, 2001. Included in the contract is a renewable clause for an additional year based on written approval by the Director of Public Works. Council/Redevelopment Agency approval of these resolutions will authorize the Director of Public Works to renew the contract if the work has been satisfactory without further action by the City Council, Redevelopment Agency, or the City Manager/Executive Director. Currently, there are several projects approved in the Capital Improvement Program which will require additional right-of-way in order to construct. Examples ora few of these projects are: 1. Telegraph Canyon Channel - 3~ Ave. to K Street 2. Drainage basin improvements in the Tobias / Glenhaven Area 3. Palomar Street 1-5 to Industrial Blvd. This type of contract will allow staff to proceed with design and construction of these projects in a timely manner. Page 3, Item __ Meeting Date 3/16/99 Since this agreement will provide services for several CIP projects, staff proposes to issue a purchase order which will be amended on a project-by-project basis as appraisal services are required. Fees for appraisal services shall be negotiated individually based on the fee schedule included in this agreement. The following table shows the proposed fee schedule proposed by Lipman Stevens Marshall & Thene, Inc and the other consultant: HOURLY RATE SCHEDULE Lipman Stevens David Yerke Company Category of Employee Report Preparation Trial/Pre- Report Trial/Pre- Trial Preparation Trial Principal $200.00 $200.00 Principal Appraiser $125.00 $150.00 $150.00 $150.00 Associate Appraiser $75.00 - $100.00 $75.00 $100.00 Right-of -way Appraiser $100.00 Administrative Staff $35.00 Compensation for services provided under this agreement shall not exceed $100,000 per year for appraisal services. FISCAL IMPACT: Funds not in the excess of a total of $100,000 per year will be encumbered from individual project accounts as services are required. It is anticipated that this sum will be sufficient to appraise the parcels required as part of the various CIP projects. RS:jrh File No: 0400-05-KY013 H:~HOME\ENG INEER/AG ENDA~APPRSAL2.JRH (W) AGENCY RESOLUTION NO. and COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH LIPMAN STEVENS MARSHALL & THENE, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS WHEREAS, several capital improvement projects are currently budgeted which require additional right-of-way for construction; and WHEREAS, to expedite the acquisition process, staff must first appraise the value of the property and proposes to contract for property appraisal services for a period of two years with a renewable clause for an additional year; and WHEREAS, staff has evaluated the proposal for providing professional appraisal services and recommends that the City/Agency approve an agreement with Lipman Stevens Marshall & Thene, Inc. to provide these services through March 31, 2001, which will also include a renewable clause for an additional year through March 31, 2002. NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby approve the Agreements with Lipman Stevens Marshall & Thene, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects, copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor/Chair is hereby authorized to execute said Agreements on behalf of the City and Redevelopment Agency of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jc;hn'M. Kaheny /_,,) Director of Public Works City Attorney and Agency Counsel [(Igk) H:/HOME/attorney/RESOgipman.agr IMarch 9, 1999 I11:1 lam)] PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND LIPMAN STEVENS MARSHALL & THENE, INC. FOR APPRAISAL SERVICES This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, additional public property is anticipated to be necessary for various capital improvement, economic development and redevelopment projects; Whereas, the City and/or Redevelopment Agency desire to proceed in a timely manner with the design and construction of these projects and requires appraisal services to acquire the additional property; Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City and/or Redevelopment Agency within the time frames herein provided all in accordance with the terms and conditions of this Agreement; H:~tlOME~qGINEERXDESIGNXAPPRASLI.IRH 03/05/99 4 ' ~ Page 1 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City, the Redevelopment Agency and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Def'med Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. ,, D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. H:~rlOME~NGINEERX~DESIGNLM?PiI~,SLI.$[~I 03/05/99 ~ . ~ Page 2 F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commemial General Liability insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away fi:om premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. ' In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which mount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. H:~tO~GINEER~DESIGNXAPPRASL1JRH 03/05/99 ~l ~' '~ Page 3 (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space intmediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Murdcipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 H:~IO/VlEXENGINEER~DESIGNXAPpR~SL1JRH 03/05/99 ~ ~, ~ Page 4 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Consultant agrees to notify the City of any staffing changes that may affect its ability to fulfill their duties. City reserves the right to approve any individual assigned by Consultant to work on this contract. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions ofthis section apply ifa Liquidated DamagesRateis provided inExhibitA, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filet, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Def'med Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant H:mOMEmNGINEER~DES1G~PIL~SLI.JKH 03/05/99 ~l*~' t ~ Page 6 promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in coImection with the execution of the work covered by this Agreement, except only for those claims arising from the negligence or willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the fight to terminate this Agreement by giving written notice to Consultant of such termination and specifying the ~ffective 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 the City, become the property of the 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 hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator reasonably determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City H:~rlO ME~ENGINEER~DESIGN'~PPRASL 1 .JRH 03/08/99 4--/I Page7 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 hereinabove shall, at the option of the 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 herein. 11. Assignability The services of Consultant are personal to the City, and 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. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material 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. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights 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 (except 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. 13. 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 products. Consultant and any of the 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. ":kltOMEXENGINEER~DESIGNXAPPKASLI.IRIt 03/05/99 ~__ / ~ Page 8 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of sarne. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall ha'ce no authority to act as City's agent to bind City to any contractual agreements whatsoever. ~' B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. It:~OMEmlqGINEEmDESlGlqX.~,pP~SLI,IP.~I 03/05/99 ~f. /,~ Page 9 D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Goveming Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. H:~IOME~NGR4EERXDESlGI'IXAPPRASLI,JRH 03/05/99 ~ . / ~ Page 10 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND LIPMAN STEVENS MARSHALL & THENE, INC. FOR APPRAISAL SERVICES IN WITNESS WHEREO. F, City, Redevelopment Agency and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista by: Attest: Shirley Horton, Mayor Redevelopment Agency of the City of Chula Susan Bigelow, City Clerk Vista Secretary Shirley Horton, Chairperson Approved as to form: Johl~ahenY,Dated: City At~mey ~Thene, Inc. Kevin M. Thene, MAI Secretary/Treasurer Exhibit List to Agreement (X) Exhibit A. ( ) Exhibit B. H:x'HOMEkENGINEERkDESIGNLAPPRASLIJRH 03/08/99 ~,~ Page 11 EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND LIPMAN STEVENS MARSHALL & THENE, INC. 1. Effective Date of Agreement: March 31, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California 3. Place of Business for City/Redevelopment Agency: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Lipman Stevens Marshall & Thene, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 401 B Street, Suite 2101 San Diego, CA 92101-4244 Voice Phone (619) 232-2801 Fax Phone (619) 232-7219 H:~rlOME~NGINEER~DESIGNLM~PRSAL3.JRH 03/05/99 I~. / ~I} Page I 7. General Duties: Consultant will prepare appraisal reports for acquisition of public right-of-way and/or easements for street, drainage and sewer improvement purposes as well as parcel or series of parcels contemplated for economic development or redevelopmem purposes on a requirements basis. All work shall conform to and comply with California Government Code 7267 et. seq., its implementing regulations 25 CCRf6000 et. seq. (state or city funds), and/or 42 U.S. Code f4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution Numbers 79 of 5/5/77 and 221 of 12/6/79 (if Agency acquisition). 8. Scope of Work and Schedule: A. Detailed Scope of Work: Appraisal services are as follows: (1) Description of the Project (2) Area/Neighborhood analysis (3) General Valuation Analysis may include but not be limited to: (a) Sales comparison approach (b) Income approach (c) Coast approach (4) Highest and Best Use Commentary (5) Parcel Appraisal(s) (6) Direct Sales Data (7) Market Data (8) Right-of-Way Plans (9) Limiting Conditions and Assumptions (10) Certificate of Appraisal (11) Introduction and Summary of Salient Facts (12) Qualifications (13) Pre-Construction Site Photos H:~FIOMEX, ENGIlqEER~d:)ESIGN'~PPRSAL3.YRH 03/05/99 ~l' ~7 Page2 A copy of the preliminary title report shall be included in the appraisal report. The appraisal shall be prepared by fee appraisers who hold a general real estate appraisers certifications (category of certification allows the holder to appraise all types of properties). B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: N/A Deliverable No. 2: N/A Deliverable No. 3: N/A D. Date for completion of all Consultant services: Upon execution of this agreement by both parties hereto Consultant will be authorized and directed to proceed with the preparation and completion of tasks as provided in the Agreement. Consultant shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. This agreement shall continue through March 31, 2001. This agreement may be extended by written authorization from the Director of Public Works for an additional year. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $I,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City agrees to furnish to the Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available from City offices and may be reasonably required by the Consultant in the performance of these services. · City agrees to provide the Consultant legal descriptions, plats, and title reports for the various parcels to be appraised. City agrees to provide engineering assistance to the Consultant if such assistance is necessary to accurately value the property. Such assistance would include preliminary development plans, quantity estimates, and cost estimates for implementing the plans. The cost estimates 'would include land development costs, if necessary, and costs to remedy adverse influence created by the project. City agrees to provide the Consultant a minimum of 72 hours preliminary notice prior to requesting appraisal work to proceed. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the De£med Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to'the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant on the basis of "Not to Exceed" amount, set forth below, including all Materials, and other "reimbursables" ("Maximum Compensation"). This "Not to Exceed" amount shall be based on the rates listed below and shall be submitted to the City prior to commencement of appraisal work. (2) (X) Limitation Without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $100,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing heroin shall preclude Consultant from providing additional Services at Consultant's own cost and expense. The rates below shall continue to apply if the contract is extended for an additional year as provided in Paragraph SD. RATE SCHEDULE Category of Employee of Consultant Report Preparation Trial/Pre-Trial Hourly Rate Hourly Rate Kevin M. Thene, MAI $125.00 $175.00 Thomas O. Marshall, MAI, CRE $125.00 : $150.00 H.L. "Bill" Lipman, MAI, CRE $200.00 $200.00 Licensed Associates $75-$100 Administrative Staff $35.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. H:',HOMI~NGn, mI~R~£SlGI, anm'P, SAL3.mH O3/05/99 4-- k0 Page S Cost or Rate Reports, not to exceed $ : Copies, not to exceed $ : Travel, not to exceed $ : Printing, not to exceed $__: Postage, not to exceed $ __: Delivery, not to exceed $ : Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: _, not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Roberto Saucedo, Senior Civil Engineer Consultant: Kevin. M. Thene, Secretary/Treasurer 14. Liquidated Damages Rate: ( ) $ per day. (X) Other: None. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. OX) FPPC Filer (X) Category No. 1. Investments and sources of income. OX) Category No. 2. Interests in real property. (X) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. OX) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. I-I:XHOMEmNGINE£R~ESmlOa'PRSAL3.nalt 03/08/90 4'~"' t Page 6 ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. The FPPC form is available from the City Clerk's office. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: Various CIP accounts to be supplied to consultant on a project by project basis. 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: H:LItOMEXENGINEER~DESIGNX)2PRSAL3.JRH 03/05/99 ~lYw ,~ _.~ Page 7 Type:. Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Pementage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release -Event: ( ) Completion of All Consultant Services ( ) Other: HSHOMEXENGINEER~DESIGlX~APPRSAL3JRH 03/05/99 ~.~__~ Page 8 JOINT COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT Item Meeting Date 3/16/99 ITEM TITLE: Resolution I q~[ ~Approving agreement with Ryals and Associates for providing right-of-way acquisition and relocation services for various capital improvement, economic development and redevelopment projects Agency Resolution ~-! Approving agreement with Ryals and Associates for providing right-of-way acquisition and relocation services for various capital improvement, economic development and redevelopment projects SUBMITTED BY: Director of Public Works City Manager/Execu~~ ~ (4/5ths Vote: Yes NoX_) REVIEWED BY: Several capital improvement projects are currently budgeted which require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition and relocation services for a period of two years with a renewable clause for an additional year. Staff has evaluated several proposals for providing professional acquisition and relocation services and recommends that the City/Agency approve an agreement with Ryals and Associates to provide these services through March 31, 2001, which will also include a renewable clause for an additional year through March 31, 2002. RECOMMENDATION: That Council and the Redevelopment Agency approve the resolutions approving the agreement with Ryals and Associates for professional property acquisition and relocation services. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 17, 1998, staff sent proposals to 6 firms to provide professional property appraisal and/or acquisition services for the City and/or Redevelopment Agency of Chula Vista. In addition, an advertisement was placed in the Star News requesting proposals on November 7, 1998. As a result of this solicitation of proposals, 4 firms responded. Two of the firms proposed to provide appraisal services and two firms proposed to provide acquisitions services. None of the firms offered to provide both services. A panel of four persons approved by the City Manager/Executive Director reviewed the proposals and met on January 11, 1999, and January 12, 1999, to interview and rank the firms. The panel consisted of one Senior Civil Engineer, one Civil Engineer, one Senior Community Development Specialist and the Purchasing Agent. The Committee based their selection on the firm's Page 2, Item __ Meeting Date 3/16/99 qualifications and experience of professional staff, performance of similar work, ability to provide services, willingness to enter into a multi-year contract, the quality of the presentation, and the fees it would charge the City to accomplish acquisitions. The criteria for the selection is summarized in the table beIow: CRITERIA RYALS & ASSOCIATES OVERLAND RESOURCES QUALIFICATIONS 95 96 EXPERIENCE 97 96 EXPERIENCE OF STAFF 98 98 PERFORMANCE 98 94 MULTI YEAR CONTRACT 100 100 QUALITY OF PRESENTATION 95 98 FEES 99 90 AVERAGE 97 96 Both companies were determined to be highly qualified and capable of performing the required work. However, as a result of this interview, the firm of Ryals and Associates was chosen to provide property appraisal services to the City and/or Redevelopment Agency mainly because this firm has provided these services to the City for the last five years and proposed the least expensive schedule of fees. Staffproposes to contract with this firm on an as-needed basis through March 31, 2001. Included in the contract is a renewable clause for an additional year based on written approval by the Director of Public Works. Council/Redevelopment Agency approval of these resolutions will authorize the Director of Public Works to renew the contract if the work has been satisfactory without further action by the City Council, Redevelopment Agency, or the City Manager/Executive Director. Currently, there are several projects approved in the Capital Improvement Program which will require additional right-of-way in order to construct. Examples of a few of these projects are: 1. Telegraph Canyon Channel - 3rd Ave. to K Street 2. Drainage basin improvements in the Tobias / Glenhaven area 3. Palomar Street - I-5 to Industrial Blvd. This type of contract will allow staff to proceed with design and construction of these projects in a timely manner. Since this agreement will provide services for several CIP projects, staff proposes to issue a purchase order which will be amended on a project-by-project basis as acquisition and relocation services are Page 3, Item __ Meeting Date 3/16/99 required. Fees for these services shall be negotiated individually based on the fee schedule included in this agreement. The following table shows the proposed fee schedule proposed by Ryals and Associates and the other consultant: RATE SCHEDULE Category of Employee Ryals & Associates Overland Resources Project Manager $70.00/hour $89.00/hour Senior Acquisition Agent $65.00/hour $89.00/hour Relocation Agent $60.00/hour $78.00/hour Acquisition Agent $60.00/hour $78.00/hour Administrative Assistant $20.00/hour $37.00/hour Trial and Deposition $85.00/hour These fees, together with the excellent service provided by Ryals during the past five years, indicate that the City will receive quality work at favorable rates. Ryals has agreed to retain the same rates for an additional year, should the contract be extended. Another economic difference between the Ryals and Overland Resources proposal is that Ryals will not charge a mileage fee, while the other consultant proposes to charge $.315/mile. Thus, the Committee believes it has negotiated a fee schedule with Ryals which is fair and reasonable to the City/Redevelopment Agency. Compensation for services provided under this agreement shall not exceed $75,000 per year. The agreement grants the City/Redevelopment Agency the right to terminate the contract in the event the consultant is unable to provide acceptable persounel. If it becomes necessary to terminate the contract, staffproposes to select a replacement firm from the remaining consultants interviewed. FISCAL IMPACT: Funds not in the excess ora total of $75,000 per year will be encumbered fi:om individual project accounts as services are required. It is anticipated this sum will be sufficient to acquire the parcels required as part of the various CIP projects. JRH:jrh File No: 0400-05-KY013 H:\HOM E\ENG 1NEER~AG ENDAkROWACQU.JRH (W) AGENCY RESOLUTION NO. /~,~,,I and COUNCIL RESOLUTION NO. /~I~ JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH RYALS AND ASSOCIATES FOR PROVIDING RIGHT-OF-WAY ACQUISITION AND RELOCATION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS WHEREAS, several capital improvement projects are currently budgeted which require additional right-of-way for construction; and WHEREAS, to expedite the acquisition process, staff proposes to contract for property acquisition and relocation services for a period of two years with a renewable clause for an additional year; and WHEREAS, staff has evaluated several proposals for providing professional acquisition and relocation services and recommends that the City/Agency approve an agreement with Ryals and Associates to provide these services through March 31, 2001, which will also include a renewable clause for an additional year through March 31, 2002. NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby approve the Agreements with Ryals and Associates for providing right-of-way acquisition and relocation services for various capital improvement, economic development and redevelopment projects, copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor/Chair is hereby authorized to execute said Agreements on behalf of the City and Redevelopment Agency of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt ~lo~;l~ M. Kaheny ~ ~ Director of Public Works City Attorney and Agency Counsel I(Igk) H:/HOME\attorney/RESO/ryals agr IMarch 9, 1999 110:41am)] PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, additional public right-of-way or property is anticipated to be required for several capital improvement, economic development and redevelopment projects; and Whereas, the City and/or Redevelopment Agency desires to proceed in a timely manner with the design and construction of these projects and requires acquisition services to acquire the additional property; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City and/or Redevelopment Agency within the time frames herein provided all in accordance with the terms and conditions of this Agreement; H:~tOM~ENGINEER~DESIGNkRYALROW2RH 03/05199 Page 1 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City, the Redevelopment Agency and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defmed Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defmed Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. H:~ltOME~ENGINEER~DESIGN~RYALROW.JII~I 03/05/99 Page 2 F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in cormection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Compaifies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. H:',HOME~NGINEER~dDESIGNkRYALROW.JRH 03/05/99 Page 3 (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and.' guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. H:XltOMEXElq(31NEERXDESlGI'IXRyALII. OW,Jp.H 03/05/99 ~,. ~ Page4 B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 1 I, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Consultant agrees to notify the City of any staffing changes that may affect its ability to fulfill their duties. City reserves the right to approve any individual assigned by Consultant to work on this contract. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to an'ive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of H:kHOMEXENGINEER~DESIGN~RYALROW.JRH 03/05/99 ~,~ ,~ ~ Page 5 delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a fmancial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations prbmulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the. best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer;' Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. H:~HOME~&~NGINEER~DESIGlX~RYALROW./RIt 03/05/99 ~ ~' ~, ~ Page 6 F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate faxnily members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attomeys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's 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 event, all finished or unfinished documents, data, studies, surveys, drawings, maps, repons and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such H:kItOME~NGINEER~DESIGNkRYALROW.JRH 03/05/99 ~ ,' ~ f Page 7 documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. 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 hereinabove shall, at the option of the 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 herein. 11. Assignability The services of Consultant are personal to the City, and 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. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". ., 12. Ownership, Publication, Reproduction and Use of Material 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. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights 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 (except 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. 13. 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 products. Consultant H:kHOMEkENGINEER~DESIGNh~YALKOW.Jp. Jrl 03105/99 ~ f~ Page 8 and any of the 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing 'and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost In dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. H:~IOM~ENGINEER~I)ESIGN'dl. YALROW.IRI'i 03/05/99 ~t~" /t,,~ Page 9 C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be govemed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. H:~-IO~GIIqEER~DESIGlq~RYALROW.JRIrI 03/05/99 ~ ~' f ~ Page 10 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN WITNESS WHEREOF, City, Redevelopment Agency and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista by: Attest: Shirley Horton, Mayor Redevelopment Agency of the City of Chula Susan Bigelow, City Clerk Vista Secretary Shirley Horton, Chairperson Approved as to form: J°hff~ahenY' City F~t°mey /J Ryals sso' e Dated: by: Richard ~.,~: SR/WA, President Exhibit List to Agreement (X) Exhibit A. ( ) Exhibit B. H:UtOMEXENGINEtm~DESlGN~YALROW.J1Ot 03/05/99 ~" Z ~ Page 11 EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES 1. Effective Date of Agreement: March 31, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision oft he State of California 3. Place of Business for City/Redevelopment Agency: City of Chula Vista/Redevelopment Agency, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Ryals & Associates 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 4167 Avenida De La Plata, Suite 115 Oceanside, CA 92056 Voice Phone (619) 724-9794 Fax Phone (619) 732-1367 tt:atOIVlE~ElqGnqEIn~I~SlGi'~¥.~d~SI,.OW.JI,~i 03/05/99 ~ *. ~ ~ Page I 7. General Duties: Consultant shall provide property acquisition and specialized services on a requirement basis when requested in conjunction with various capital improvement, economic development and redevelopment projects. Acquisition shall be in accordance with California Government Code Section 7267 et. seq., its implementing regulations 25 CCRf6000 et. seq. (state or city funds, and/or 42 U.S. Code f4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution Numbers 79 of 5/5/77 and 221 of !2/6/79 (if Agency acquisition). 8. Scope of Work and Schedule: A. Detailed Scope of Work: Acquisition services are as follows: I. Review title/litigation reports, appraisal reports, right-of-way and construction drawings and other documents in sufficient detail to properly negotiate with the owner(s) and other parties in interest. 2. Acquisitions will be negotiated in concert with the applicable Federal/State constitutional statute provisions. If relocation assistance is applicable, consultant will advise owner occupant or tenant that they may be entitled to Relocation Assistance Program benefits. 3. Conduct negotiations in a professional, fair, honest and ethical manner. Every reasonable effort shall be made to negotiate with the property owner on a person-to-person basis. If the owner designates another party, such as an attorney, to negotiate on their behalf, the Consultant Will abide by this request. 4. If required 'by applicable law or policy, or otherwise directed by City's Contract Administrator, written offers to acquire real property interests will include an "Appraisal Summary Statement" and be mailed CERTIFIED MAIL. The offer will be made on the basis of the full estimate of market value supported by the appraisal with no portion withheld for further concession. 5. Negotiations will continue in good faith for as long as there is a reasonable likelihood of reaching a settlement. Settlements will be based on the concept of fair market value supported by current accepted appraisal practices. 6. The Consultant will keep the appraiser advised as to problems relating to the Fair Market Value offer and will provide the appraiser with any additional market data that has been provided by the property owner. 7.The Consultant shall prepare an acquisition schedule for each parcel to be H:~HOME~NGINEERmESIGICd~YALSKOW.JRH 03/05199 ~. / ~ Page 2 acquired and shall keep City and/or the Agency advised of the status of negotiations in terms of the owner's attitude, problem areas, and the likelihood of a negotiations impasse and the probability of an eminent domain action. In the event progress in the acquisition process is found to be unacceptable to the City/Redevelopment Agency and such lack of progress is due to the Consultant'S action or inattention to the service, City shall have the right to terminate the agreement and/or assess liquidated damages as herein provided. 8, The Consultant will recommend eminent doma'm proceedings in the event an impasse is reached in the negotiation process and provide City with supporting documentation. 9. If required, an escrow account will be opened upon the acceptance of an offer to purchase. The Consultant(s) shall use the escrow facilities of the title company designated by the City. 10. Consultant will promptly transmit to City for acceptance, documents executed by owner(s) or other parties in interest. A report summarizing the pertinent data relative to the transaction will be included. 11. Consultant will maintain an acquisition file for each parcel and maintain a journal of all contacts made by the property owner(s) setting forth a summary of negotiations and other related information. A copy of each file shall be given to the City. 12. Consultant will provide the City with a monthly status report on all property acquisitions in progress. Consultant shall provide specialized services upon request whi~gh ma,/include the following: 1. Preparation of conveyance documents, right of entry permit, temporary license to perform work, encroachment permit, etc. and special agreements necessary for acquisitions, option exchanges, leases and other documents subject to City approval. 2. Preparation of legal descriptions. 3. Consultation with City staff or legal counsel regarding acquisition or lease negotiation procedures and policies. 4. Disposition of surplus real property. .:mO~O~ER~mG~¥~SROW.~. 03/0~9 ,~o. ~, ~ Page 3 5. Provide relocation assistance services and administer the relocation benefits to which the owner or tenant is entitled to receive. 6. Prepare "REPLACEMENT HOUSING VALUATION REPORTS" as support documentation for purchase/rental differential payments. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: N/A Deliverable No. 2: N/A Deliverable No. 3: N/A D. Date for completion of all Consultant services: Upon execution of this agreement by both parties hereto Consultant will be authorized and directed to proceed with the preparation and completion of tasks as provided in this section. Consultant shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. This agreement shall continue through March 31, 2001. This agreement may be extended by written authorization from the Director of Public Works for an additional year. 9. Insurance Requirements: (Xr) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City further agrees to furnish to the Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available from City offices and may be reasonably required by the Consultant in the performance of these services. City agrees to provide the Consultant a minimum of 72 hours preliminary notice prior to requesting acquisition work to proceed. .:mom~n~ER~Es,G~¥~sRow.~.a o3~o~*~ ~. ! ~ Page 4 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City and/or Redevelopment Agency shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. ( ) Phased Fixed Fee Arrangement. For the performance of each.phase or portion of the Defined Services by Consultant as are separately identified below, City and/or Redevelopment Agency shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth · Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City and/or Redevelopment Agency shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City and/or Redevelopment Agency shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: H:~HO~GINEER~xDESIGNkRYALSII. OWJR~I 03/05/99 I~' '~- 0 Page 5 (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Service~ herein required of Consultant on the basis of "Not to Exceed" amount, set forth below, including all Materials, and other "reimbursables" ("Maximum Compensation"). This "Not to Exceed" amount shall be based on the rates listed below and shall be submitted to the city prior to commencement of acquisition/relocation services. (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $75,000.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. The rates below shall continue to apply if the contract is extended for an additional year as provided in Paragraph 8D. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Project Manager $70.00 Senior Acquisition Agent 65.00 Relocation Agent , 60.00 Acquisition Agent 60.00 Administrative Assistant 20.00 Trial and Deposition 85.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. H:~IO~GIHEER~DESI~YALSROW.JRH 03/05199 ~ ~ Page 6 Cost or Rate Reports, not to exceed $ : Copies, not to exceed $ __: Travel, not to exceed $ : Printing, not to exceed $__: Postage, not to exceed $__: Delivery, not to exceed $ __: Long Distance Telephone Charges, not to exceed $ : Other Actual Identifiable Direct Costs: ., not to exceed $ : ., not to exceed $ : 13. Contract Administrators: City: City of Chula Vista Roberto Saucedo, Senior Civil Engineer Consultant: Ryals & Associates Richard Ryals, President 14. Liquidated Damages Rate: ( ) $ per day. (X) Other: None. : 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Filer (X) Category N0. 1. Investments and sources of income. (X) Category No. 2. Interests in real property. (X) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. H AHOMEXENGINEER~DES1GBhRYALSROW.JRH 03/05/99 ~.~ ~ Page7 (X) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, wittfin the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type .which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. The FPPC form is available from the City Clerk's office. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month H:~IOME~NGINEER~DESIGN~RYALSROWJRH 03105199 Page 8 (X) End of the Month ( ) Other: C. City's Account Number: Varies with project 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type:. Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiting the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: