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HomeMy WebLinkAboutRDA Packet 2002/01/22 ~{f? ~..-: - CIlY OF CHUIA VISfA TUESDAY, JANUARY 22, 2002 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency Members Davis, Padilla, Rindone, Salas; Chair Horton CONSENT CALENDAR The staff recommendations regarding the following item(s) 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 lhe meeting. Items pulled from the Consent Calendar will be discussed after Action ilems. Items pulled by the public will be the first items of business. 1. AGENCY RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AMENDING THE CONSTRUCTION DOCUMENT AGREEMENT WITH ESTRADA LAND PLANNING, INC. TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE "H" STREET ENTRYWAY BEAUTIFICATION PROJECT - The "H" Street segment between Interstate 5 and Broadway is one of three City entry corridors included in the Entryway Beautification Project intended to provide enticing entryways to the City's downtown and waterfront areas. The "H" Street beautification elements, including reconstructed sidewalks, pedestrian-scale lighting, entry monuments, street trees, and shrubs, will be constructed parallel with the scheduled "H" Street roadway reconstruction project. Estrada Land Planning, Inc. is under contract with the City of Chula Vista to prepare the construction documents for implementation of the "H" Street Entryway Beautification Project. The documents include project construction plans and specifications and, excluding minor revisions, are generally complete. The project is scheduled to be advertised for construction bids in January 2002. Construction is anticipated to commence in April 2002. Construction administration includes those services designed to maximize conformity with the construction documents and ensure satisfactory project completion. Estrada, as the landscape architect responsible for preparation of the construction documents, is qualified to perform the construction administration. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. 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 not an item on this agenda. IState law, however, generally prohibils 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 deliberalions by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendation 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 submil it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 2. AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH PACIFICA COMPANIES FOR THE DISPOSITION AND DEVELOPMENT OF AGENCY-OWNED PROPERTY IN THE MIDBAYFRONT SUBAREA OF THE BAYFRONT REDEVELOPMENT PROJECT AREA - In 2001, Pacifica Companies notified the City of Chula Vista that it had signed an option agreement with Chula Vista Capital, the primary property owner of the MidBayfront property, for the purchase and development of the approximate 97-acre site. Pacifica also indicated to the City its desire to include in its development proposal additional lands, some of which are owned by the Redevelopment Agency. Pacifica Companies created a design team consisting of architectural, engineering, and environmental consultants, among others, to develop a concept master plan for the approximate 126- acre project site. The project proposes 5,8 million square feet of high quality mixed use building area comprised primarily of residential units, some limited commercial, up to three hotels, restaurants, recreation areas, and community center. Pacifica Companies is a group of diversified real estate companies with an extensive real estate portfolio including hotels, office and industrial buildings, retail shopping centers, and residential communities located throughout the United States. North C.V. Waterfront L.P., a limited partnership formed by principals of Pacifica Companies for development of the MidBayfront property, has requested an Exclusive Negotiating Agreement (ENA) with the Redevelopment Agency for two years, with an optional six-month extension, to prepare plans, pursue entitlements, secure Redeveiopment Agency, January 22, 2002 Page 2 financing, and negotiate a Disposition and Development Agreement (DDA) for the project. [Community Development Director] ContinueJ! from the meetina of 1/-15/02 STAFF RECOMMENDATION: Agency adopt the resolution, OTHER BUSINESS 3. DIRECTOR'S REPORTlS) 4. CHAIR/MAYOR REPORT(S) 5. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to a regular meeting of the Redevelopment Agency on February 5, 2002 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 Cily. The Agency is required by law to relurn to open session, issue any reports of final action taken in closed session, and the voles taken. However, due to the typical length of time taken up by closed sessions, lhe 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 videolaped. Nevertheless, announcemenls of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code § 54957.7) 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) Agency vs. Rados Bros. [Case No. GIC734557-1 J **************** AMERICANS WITH DISABILITIES ACT The Cily of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and aclivities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunicalions Devices for the Deaf (TOOl at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, January 22, 2002 Page 3 PAGE 1, ITEM NO.: / MEETING DATE: 01/22/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AMENDING THE CONSTRUCTION DOCUMENT AGREEMENT WITH ESTRADA LAND PLANNING, INC. TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE "H" STREET ENTRYWAY BEAUTIFICATION PROJECT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR LW {O-, c. s " REVIEWED BY: EXECUTIVE DIRECTORcer~V ~ 4/STHS VOTE: YES D NO 0 BACKGROUND The "H" Street segment between Interstate 5 and Broadway is one of three City entry corridors included in the Entryway Beautification Project intended to provide enticing entryways to the City's downtown and waterfront areas. The "H" Street beautification elements, including reconstructed sidewalks, pedestrian-scale lighting, entry monuments, street trees, and shrubs, will be constructed parallel with the scheduled "H" Street roadway reconstruction project. Estrada land Planning, Inc. (Estrada) is under contract with the City of Chula Vista to prepare the construction documents for implementation of the "H" Street Entryway Beautification Project. These documents include project construction plans and specifications and, excluding minor revisions, are generally complete. The project is scheduled to be advertised for construction bids in January 2002. Construction is anticipated to commence in April 2002. Construction administration includes those services designed to maximize conformity with the construction documents and ensure satisfactory project completion. Estrada, as the landscape architect responsible for preparation of the construction documents, is qualified to perform the construction administration. RECOMMENDATION That the Redevelopment Agency adopt a resolution amending the Construction Document Agreement with Estrada land Planning, Inc. to include construction administration services for implementation of the "H" Street Entryway Beautification Project. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. (- ( PAGE 2, ITEM NO.: MEETING DATE: 01 /22/02 DISCUSSION "H" Street between Interstate 5 and Broadway is one of three entryways that are being revitalized as part of the Chula Vista Entryway Beautification Project. Work on the "H" Street segment is being initiated first to coincide with the "H" Street roadway reconstruction project, which is a capital improvement project. The Beautification Project includes enhanced median and pedestrian crosswalk paving, reconstructed sidewalks, pedestrian-scale lighting, entry monuments, street trees, and shrubs. In Decemeber 2000, the City entered into an agreement with Estrada to prepare the entryway beautification concept plans for the "H" Street segment, as well as the entry segments on "E" and Palomar Streets. In September 2001, the Council/Agency approved the "H" Street concept and approved an agreement with Estroda to prepare the construction documents required to implement the "H" Street concept plan. These documents include project construction plans and specifications and, excluding minor revisions, are generally complete. Advertising the "H" Street Roadway Reconstruction and Beautification Project for construction bids is scheduled to occur in January 2002. Construction of the project is anticipated to commence in April 2002. Staff is requesting that Council amend the Construction Document Agreement with Estrada to include administration services for construction of the beautification elements. Construction administration includes those services designed to maximize conformity with the construction documents and ensure satisfactory project completion. Estrada, as the landscape architect responsible for preparation of the construction documents, is qualified to perform the construction administration and to make certain that the project is constructed as designed. Proiect Pedestrian Liahtina Update During Council/Agency consideration of the "H" Street entryway beautification concept in September, concern was raised as to whether the pedestrian-scale lighting included in the project design would provide adequate pedestrian lighting. A reference was made to the inadequacy of the lighting far pedestrian safety along 3,d Avenue. After further research, it was determined that the minimal light source along 3"' Avenue between F & G Streets is derived from the decorative, pedestrian-scale lighting located within the public right-of-way along that street segment. According to the City's Traffic Engineers, where the decorative lights are combined with the cobra street lights within the public right-of way south of G Street, the lighting is adequate for both pedestrian and vehicular safety. Fifteen decorative street light fixtures are included within the "H" Street beautification concept. Each of these decorative fixtures will produce 250 watts of high pressure sodium vapor light. The light pole, having a height of only 1 2 feet and with a lighting fixture that is angled downword, will enhance the amount of light that reaches ground level. The electrical design engineer and City traffic engineers have determined that these lighting standards will produce adequate light for pedestrian safety. Further, these lighting fixtures are in addition to the existing cobra street light standards that adequately provide for both pedestrian and vehicular safety along this roadway segment. The added lighting will enhance the current light source; however, the primary light source I-a-- PAGE 3, ITEM NO.: MEETING DATE: 01 /22/02 for both pedestrian and vehicular traffic along this segment of "H" Street will continue to be provided by the existing cobra light standards. FISCAL IMPACT The cost of Amendment No.1 to the Construction Document Agreement between the City and Estrada is $8,630. There are adequate funds available in the Non-Departmental Capital Improvement Program budget to fund the proposed amendment. This represents a not-to-exceed contract amount. ATTACHMENTS 1. Amended Consultant Agreement J:\COMMDEV\STAFF.REP\Ol-22-02\H Steeet Amendment.doc (-3 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AMENDING THE CONSTRUCTION DOCUMENT AGREEMENT WITH ESTRADA LAND PLANNING, INc. TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE "H" STREET ENTRYWAY BEAUTIFICATION PROJECT WHEREAS, Estrada Land Planning, Inc. (Estrada) has completed the design concept for the "H" Street Entryway Beautification Project between Interstate 5 and Broadway; and WHEREAS. the City of Chula Vista has entered into an agreement with Estrada for the preparation of the construction documents for implementation of the "H" Street segment; and WHEREAS. Estrada has substantially completed the construction documents for the "H" Street Entryway Beautification Project and the project is scheduled to be advertised for construction bids in January 2002 with construction anticipated to commence in April 2002 ; and WHEREAS, the City is waiving the consultant selection process as impractical because timely placement of a construction administration contract is key to continuing to proceed parallel with the roadway reconstruction project and Estrada has the specialized knowledge to perform these services based upon their extensive involvement with the project to date; and WHEREAS. City staff is unable to perform the required construction administration services necessary to maximize conformity with the construction documents and ensure satisfactory project completion; and WHEREAS, Estrada. as the landscape architect responsible for preparation of the construction documents. is qualified to perform the construction administration and to make certain that the project is constructed as designed; NOW. THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve an amendment to the agreement with Estrada for performance of construction administration services during implementation of the "H" Street Entryway Beautification Project. BE IT FURTHER RESOLVED that (1) Agency staff is authorized and directed to amend such agreement on the terms presented. subject to approval of the Agency Attorney and (2) the Executive Director is authorized and directed to execute such agreement. BE IT FURTHER RESOLVED that there are adequate funds available in the Non- Departmental Capital Improvement Program budget to fund the proposed amendment. PRESENTED BY APPROVED AS TO FORM BY ~.S~ Chris Salomone Director of Community Development J:\COMMDEVlRESOS\Estrada Amendment. 1-22-02.doc {- 4- AMENDED AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA AND ESTRADA lAND PLANNING, INC for Preoaration of Construction Documents and Construction Administration Services This agreement ("Agreement") is entered into effective as of january 22, 2002 ("Effective Date"), by and between the Redevelopment Agency of the City of Chula Vista ("City") and Estrada land Planning, Inc., a California corporation ("Consultant") with reference to the following facts: Recitals WHEREAS, the City desires to construct entryway beautification elements on "H" Street between Interstate 5 and Broadway; and, WHEREAS, Estrada land Planning, Inc. was selected as Consultant due to their intimate knowledge of the project, the extensive experience, and thei r abi I ity to complete the services in a timely manner 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 within the time frames herein provided all in accordance with the terms and conditions of this Agreement; WHEREAS, the existing contract with Estrada land Planning, Inc. (Estrada) did not account for the provision of construction administration services during implementation of the "H" Street Entryway Beautification Project; and WHEREAS, City staff is unable to perform the required construction administration services necessary to maximize conformily with the construction documenls and ensure satisfactory project completion; and WHEREAS, Estrada, as the landscape architect responsible for preparation of the construction documents, is qualified to perform the construction administration and 10 make certain that the project is constructed as designed. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: Page 1 of 18 /- :) 1. Consultant's Duties A. General Duties Consulianl shall perform all of the services described on the attached Exhibit A, Paragraph 7, entilled "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 Defined 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 underthis 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. Page 2 of 18 (-Co 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 ExhibitA, 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 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 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. Securitv 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 Page 3 of 18 1- 7 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. (2) Letler of Credit. In the event that Exhibit A, at Paragraph 19, indicates Ihe 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 Ihe 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 1O, 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 evenl more frequently than Page 4 of 18 /- f 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 "check mark" 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 Ihe routine administration of this agreement. 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 per- formance. 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 Rale 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. Page 5 of 18 (- 9 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. if Consultant is designated on Exhibil 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 interesls 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 Confl icting 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. F. Specific Warranties Against Economic Interests. Consultant warranls and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agenls ("Consultant Associales") presently have any interest, direclly or indirectly, whatsoever in any property which may be the subject Page 6 of 18 1- { 0 matter of Ihe 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 Defined 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 wilhin 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 connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct 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 suil 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. This indemnity obligation shall survive the termination of this Agreement. 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, 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 documenls and other materials Page 7 of 18 (- (f 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 Cily 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 al 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, informalion, 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. Page 8 of 18 (- (:1-. 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 10 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. 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 Cily, 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 a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the evenl 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. Page 9 of 18 1- (3 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 neilher Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requesls 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 laken so as to enable it to enter into this Agreement. F. Governing lawNenue 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. [End of page. Next page is Signature Page.] Page 10 of 18 (-('-I 2002-01-11 14:32 FROM-ESTRADA LAND PLANNING 819-238-0578 T-488 P. 002/002 HOS SIGNATURFPAGE TO AMENDED AGREEMENT BETWEEN CITY OF CHULA VISTA AND ESTRADA LAND PLANNING, INc. for PreDilrat;on of Construction Documents and Com¡truction Administration Services IN WITNESS WHEREOF, Agl:)ncy and Consultant have executed this Agreement, as of the Effective Date, thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: REDEVELOPMENT AGENCY OF THE ESTRADA LAND PLANNING, INc. CllY OF CHULA VISTA by, St~- by: Shirley Horton Chair President AnEST: by: Susan Bigelow City Clerk APPROVED AS TO FORM: by: john M. Kaheny Agency Attorney Exhibit List to Agreement: IE Exhibit A. Page 11 of 18 I-I~ EXHIBIT A TO AMENDED AGREEMENT BETWEEN CITY OF CHULA VISTA AND ESTRADA LAND PLANNING, INc. 1. Effective Date of Agreement: January 22, 2002 2. City-Related Entity: Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California 3. Place of Business for Agency: City of Chula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Estrada land Planning, Inc. 5. Business Form of Consultant: Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 755 Broadway Circle, Suite 300 San Diego, California 92101-6161 Voice Phone (619) 236-0143 Fax Phone (619) 236-0578 7. General Duties: The Consultant shall oversee preparation of the construction documents required for the implementation of Phase 2 of the "H" Street segment of the Chula Vista Entryway Beautification Project, which includes enhanced median and pedestrian crosswalk paving, sidewalks, pedestrian-scale lighting, three gateway monument elements, street trees, and other parkway landscaping and irrigation. The Consultant shall prepare the demolition, construction, irrigation, planting, electrical, and structural plans, and the construction details, specifications, and cost estimate. The Consultant shall also meet with staff responsible for construction plan approval. The Consultant shall also perform construction administration services during the construction process required to implement Phase 2 of the "H" Street segment of the Chula Vista Entryway Beautification Project. These services shall be performed to maximize conformity with the construction documents and ensure satisfactory project completion. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Page 12 of 18 (-ICo Task 1 - Construction Documents (75% and 90% Submittals) The Consultant shall prepare landscape construction drawings based on the approved design concept plan. The drawings will be supplementary to the demolition, grading, lighting, and street improvement plans to be prepared by the Civil Engineer. The scope will include the following: Demolition Plan: Plans shall be prepared at an appropriate scale indicating items to be removed from site. The limit of work and items to be protecled in place will be identified. Construction Plans: Plans shall be prepared to indicate design of sidewalks, special paving, street furnishings, layout of art elements, and other design items. Irrigation Plans: Plans shall be prepared indicated diagrammatic location, type, and size of all proposed irrigation equipment. Planling Plans: Plans shall be prepared indicating the proposed location, quantity, and size of plant materials and special requirements for installation. Electrical Plans: A site electrical system and lighting concept shall be developed, including power and lighting for the pedestrian walkway, gateway monuments, and irrigation controllers. Electrical calculations shall be provided. Structural Plans: Structural plans shall be provided for the gateway monuments. Construction Details: Construction details as required for the planting, irrigation, paving types, colors, finishes, tree grates, planting and irrigation, site furnishings, gateway monuments, and other amenities shall be prepared. Specifications: The San Diego Regional Siandard Specifications shall be the basis for construction. Special Provisions for the items above shall be prepared for materials and installations not included in the "Greenbook." Special Provisions shall be provided in hard copy and electronic data formats. Construction Cost Estimate: An opinion of probable construction cost shall be prepared based on the 75% and 90% submittal plans. Deliverables: The following shall be provided: . Vellum reproducibles for the 75% and 90% submittals . One (1) sel of Specifications for each submittal in Word format and hard copy . Opinion of probable construction cost for the 75% and 90% submittals. Page 13 of 18 / - I 7 Meetings: Consultant shall attend up to three (3) project coordination meetings with City staff. Task 2 - Final Plans (Mylar Submittal) Revisions: Revisions to the construction documents shall be prepared to the satisfaction of the City based on comments to the 90% submittal. Final Plans, Specifications, and Opinion of Probable Construction Costs: At the direction of the City, Consultant shall prepare and submit final plan mylars, final specifications for special provisions sections, and a final opinion of probable costs. Task 3 - Supplemental Services (Optional Additional Services) This phase shall include plan processing, additional meetings, and any other services not mentioned in Tasks 1, 2, and 4. These services are not included as part of the lump sum fee and shall be billed hourly according to the rate schedule included in Section 11 of this Exhibit A. These services shall only be performed upon written authorization from the City. Task 4 - Construction Administration Services Subtask A: Attend the Pre-Bid Meeting and provide responses to questions, as necessary. Subtask B: Review all contractor submittals for amendment or approval. Subtask C: Assist in clarifying design interpretation issues raised by the contractor and/or City Resident Engineer in regard to landscape, irrigation, electrical, and structural (as it pertains to the drawings) and assist the City in preparing addenda and change orders, as required. Subtask D: Observe the construction for general conformance and intent of contract documents and advise the City of conformity and progress. Subtask E: Prepare a letter of Substantial Conformance/Completion upon completion of the pre-maintenance period walk-through. Subtask F: Prepare "as-built" drawings based on field records and information provided by installers and reviewed by the City's Landscape Inspector. As-builts shall be submitted to the City for approval. Deliverables: The following shall be provided: . Addenda and change orders, as required . Letter of Substantial conformance/Completion . As-built drawings Meetings: Consultant shall attend up to ten (10) construction meetings on site, including a pre-bid meeting, pre-construction meeting, construction Page 14 of 18 1- ( ~ team meetings, pre-maintenance period walk-through, and a final maintenance walk-through prior to turn-over of project to City staff. B. Date for Commencement of Consultant Services: Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Construction Documents for Ihe 75% submiltal - September 21, 2001 Deliverable No.2: Construction Documents for the 90% submiltal - October 2, 2001 Deliverable No.3: Final Plans - October 9, 2001 Deliverable No.4: Addenda and change orders - as required Deliverable No.5: Leiter of Substantial Conformance/Completion - within two (2) working days of satisfactory pre-maintenance period walk-through Deliverable No.6: As-built drawings - within fifteen (15) working days of construction completion date D. Date for completion of all Consultant services for Phase 2 of the "H" Street Entryway Beautification Project: April 2002 E. Date for completion of all Consultant services for construction administration of the "H" Street Entryway Beautification Project: November 2002 9. Insurance Requirements: ŒJ Statutory Worker's Compensation Insurance D Employer's Liability Insurance coverage: $1,000,000. ŒJ Commercial General Liability Insurance: $1,000,000. D Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ŒJ Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). Page 15 of 18 (- ( 1 10. Materials Required to be Supplied by City to Consultant None 11. Compensation: Phased Fixed Fee For Tasks 1,2 and 4, City shall pay Consultant the fixed fee associated with each phase of Defined Services set forth below. Payment shall be due and payable upon completion of such phase to City's satisfaction and upon Consultant's submittal of an invoice therefore as provided in Section 18 of this Exhibit A. PHASE FEE FOR SAID PHASE AMENDED (less 10% retention) 1. Construction Drawings for 75% $30,000 Submittal 2. Construction Drawings for 90% $14,000 Submittal 3. Final Plans $990 4. Work-to-Date - Pre-Bid to May 15 $1,940 5. Work-to-Date-May15toJuly15 $1,940 6. letter of substantial Conformance $1,940 7. As-Built Drawings $1,940 8. Retention Payment $5,000 $870 For Task 3, Services authorized in writing by City, City shall pay Consultant for the time spent by Consultant in the performance of such services at the rates set forth below: RATE SCHEDULE 1. Category of Employee of Consultant Hourly Rate 2. Principal land Planner/ landscape Architect $150.00 3. Associate land Planner/Landscape Architect $105.00 4. land Planner/landscape Architect $85.00 5. Draftsperson $65.00 6. Clerical $45.00 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: ŒJ Printing, not to exceed $900 13. Contract Administrators: City: leisa lukes, Principal Community Development Specialist Consultant Steve Estrada, President Page 16 of 18 (-J-o 14. Liquidated Damages Rate: Not applicable 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ŒJ Not Applicable. Not an FPPC Filer. ŒJ List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. Consultant is Real Estate Broker and/or Salesman: Not applicable 17. Permitted Subconsultants: Tony Kan, P.E. Kanrad Electrical Engineering 9750 Miramar Road, Suite 180 San Diego, CA 92126 (858) 547-1100 Donald Libby Libby Structural Engineering 4452 Glacier Avenue San Diego, CA 92120 (619) 280-9307 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ŒJ Monthly D Quarterly D Other: B. Day of Ihe Period for submission of Consultant's Billing: D First of the Month D 15th Day of each Month ŒJ End of the Month D Other: C. City's Account Number: Page 1 7 of 18 I-~( 19. Security for Performance D Performance Bond, $ 0 Letter of Credit, $ 0 Other Security: Type: Amount: $ ŒJ Relention. 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 Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ŒJ Retention Percentage: 10% 0 Retention Amount: $ Retention Release Event: ŒJ Completion of All Consultant services to City satisfaction D Other: Page 18 of 18 ! - J-~