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HomeMy WebLinkAboutRDA Packet 2004/01/13 Notice is hereby given that the Chair of the Redevelopment Agency has called and will convene a special joint meeting of the City Council/Redevelopment Agency, Tuesday, January 13, 2004, at 6:00 p.m., immediately following the City Council meeting in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California to consider, deliberate and act upon the following: ~~ - Stephen C. Padilla, Chairman ~~ft- ::-=-"'::; ---.;;:- CllY OF CHUlA VISTA~ TUESDAY, JANUARY 13, 2004 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council 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. 1. APPROVAL OF MINUTES - November 25,2003 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any subject matter within the Agency/Council's jurisdiction that is not an item on this agenda. IState law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the 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/Agency, staff, or members of the general public. The items will be considered individually by the Council/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 subrnit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 2. RESOLUTION OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RRM DESIGN GROUP INVOLVING CONSULTANT SERVICES RELATED TO THE PREPARATION OF THE URBAN CORE SPECIFIC PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY TRANSFERRING $100,409 FROM MERGED PROJECT AREA TO BAYFRONT, AND APPROPRIATING $100,409 FROM BA YFRONT TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN, AND TRANSFERRING $4,111 FROM BAYFRONT/TCI PROFESSIONAL SERVICES TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN - The item before the Council/Agency is a request to approve a Two-Party Agreement for the preparation of the Urban Core Specific Plan by RRM Design Group. The total contract amount is for $354,520.00 (including a 10 % contingency) Since the total contract amount exceeds $50,000 it requires approval by the City Council. (CVMC 2.56.11 OA). [Community Development Director] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency/Council adopt the resolution. 3. DIRECTOR/CITY MANAGER'S REPORT(S) 4. CHAIR/MAYOR REPORTlS) 5. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to a regular meeting of the Redevelopment Agency on January 20, 2004, at 6:00 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/City Council states otherwise at this time, the Agency/Council 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/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council 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/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Attorney's office in accordance with the Ralph Brown Act (Govt. Code § 54957.7) Redevelopment Agency, January 13, 2004 Page 2 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: Assessor Parcel No. 568-044-0900, 568-044-1000, 568-044-1100 located on northeast corner of Landis and Davidson Laurie Madigan (Agency) Allen Eads, Lorna Verde, Inc. dba Pacific Scene Homes Instructions to negotiators Negotiating Parties: Under Negotiations: AMERICANS WITH DISABiliTIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, andlor 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 activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, January 13, 2004 Page 3 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 25, 2003 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 6:16 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmernbers: Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla ABSENT: Agency/Councilrnembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Assistant City Attorney Marshall, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES of November 4, 2003 2. COUNCIL RESOLUTION NO. 2003-484 AND AGENCY RESOLUTION NO. 1850, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS FOR $82,100 PURSUANT TO THE SETTLEMENT AGREEMENT WITH THE RADOS BROTHERS AND APPROPRIATING $82,100 FROM THE AVAILABLE BAYFRONT/TOWN CENTRE 1 PROJECT AREA FUND BALANCE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNINGS ASSOCIATED WITH THE STIPULATED SETTLEMENT AGREEMENT The Goodrich relocation agreement, entered into by the Redevelopment Agency, San Diego Unified Port District and Goodrich in July 1999, included an obligation of the Agency to pursue acquisition and subsequent transfer of the vacant property at the southwest corner of Bay Boulevard and Lagoon Drive to Goodrich. Adoption of the resolution approves the agreement to clear the site, as required by the relocation agreement, in advance of transferring the property to Goodrich. The contract with Penhall was contemplated by the settlement agreement between the Agency and Rados Brothers regarding the acquisition of the property. (Community Development Director) Staff recommendation: Council/Agency adopt the resolution. ACTION: Chair/Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. I-I ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 6: 17 p.m., Chair/Mayor Padilla adjourned the meeting to an Adjourned Meeting of the Redevelopment Agency on December 9, 2003, at 6:00 p.m., immediately following the City Council meeting. ~ d.-.U~~- Susan Bigelow, CMC, City Clerk Page 2 CounciliRDA Minutes I-:L 11/25/03 .. PAGE I, ITEM NO.: cJ.. MEETING DATE: 01/13/04 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RRM DESIGN GROUP INVOLVING CONSULTANT SERVICES RELATED TO THE PREPARATION OF THE URBAN CORE SPECIFIC PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY TRANSFERRING $100,409 FROM MERGED PROJECT AREA TO BAYFRONT, AND APPROPRIATING $100,409 FROM BAYFRONT TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN, AND TRANSFERRING $4,111 FROM BAYFRONT/TCI PROFESSIONAL SERVICES TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L$\...'-f" Lt'\ REVIEWED BY: EXECUTIVE DIRECTOR (j ~ f)~ , 4/5THS VOTE: YES0NOD BACKGROUND In June 2003, the City Council opproved a resolution to initiate the preparation of the Urban Core Specific Plan ("Specific Plan"). The Specific Plan will provide a neighborhood level plan to effectively implement the goals and policies for the Urban Core as identified through the General Plan Update. The Specific Plan will focus on those areas within northwestern Chula Vista where urban-level development and redevelopment is expected to occur. A Request for Proposals was distributed in August 2003 and the consultant selection process hos been completed. The item before the Council/Agency is a request to approve a two-party agreement for the preparation of the Urban Core Specific Plan by RRM Design Group. The total contract amount is for $354,520 (including a 10 % contingency). Since the total contract amount exceeds $50,000, it requires approval by the City Council. (CVMC 2.56.11 OA). RECOMMENDATION It is recommended that the City Council/Redevelopment Agency of the City of Chula Vista adopt the resolution approving the Two-Party agreement between the City of Chula Vista, and RRM Design Group (Consultant) for consulting services for preparation and completion of the Specific Plan, authorize the Mayor to execute said agreement, and amend the Fiscal Year 2003/2004 Budget to appropriate funds, as described below, to complete the Specific Plan. ~ -I .. PAGE 2, ITEM NO.: ,;J.., MEETING DATE: 01/13/04 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Chula Vista continues to playa significant role in the region's growth and, as the second largest city in the San Diego Region, is emerging as the hub of civic ond cultural activity in South San Diego County. As of January 2003, the City had a population of approximately 199,700, with a projected population of approximately 270,000 by the year 2020. While much of the City's recent growth has occurred in large master planned communities developing on vacant land in the eastern portion of the City, demographic changes and other influences are bringing about population growth and renewed interests and needs for revitalization and redevelopment in the older, developed western portion of the City. In response to renewed interests and needs, the City of Chula Vista is proposing to prepare an Urban Core Specific Plan to facilitate this anticipated growth. The Urban Core is located in northwestern Chula Vista, including downtown and surrounding areas, ond is where urban-level development and redevelopment is expected to occur. The Study Area is generally bounded by "C" Street to the north, L Street to the south, Interstate 5 to the west, and Del Mar Avenue to the east. Initial "Focus Areas" have been identified within the larger Study Area where the specific planning efforts will be concentrated. Traditional residential neighborhoods within the Study Area are not expected to be included within the Specific Plan. The City is currently in the latter phases of a comprehensive General Plan Update which will provide a long term (15-20 year) vision and planning framework for the City. The Specific Plan will be developed concurrently with and follow on the heels of the General Plan Update. The Specific Plan will provide a readily available neighborhood level plan to implement the goals and policies for the Urban Core as identified through the General Plan Update. The Specific Plan is expected to be complete within about one year thereby ensuring that the Specific Plan's development regulations and entitlement tools will be in place to effectively respond to the on going and increasing development interests in the City's Urban Core. Consultant Services Selection Process In August 2003, a Request For Proposals was distributed seeking consulting services for the preparation of a Specific Plan for the Urban Core. The RFP wos distributed to over 100 persons or firms with planning and/or urban design expertise. The RFP was also posted on the City's website and provided to two marketing firms with an extensive client base. A mandatory pre-submittal conference was held on September 3, 2003, with 23 firms in attendance. At the close of the 30-day RFP response period, the City received a total of seven proposals. The Selection Committee, designated by the Directar of Community Development, invited the four top-rated firms to interview. The Selection Committee reviewed and ranked the proposals based on company experience, quality ~-.;)..., .. PAGE 3, ITEM NO.: ~ MEETING DATE: 01/13/04 of management team, capacity to perform the work, proiect understanding, proposal quality and clarity, local experience, and billing rates. The Selection Committee has determined thot RRM Design Group through their proposal and the interview process, hos demonstrated the obility to perform the services as required for this project. RRM Design Group represents, and staff concurs, that they are experienced and staffed in a manner such that they can prepare and deliver the required services within the necessary time frames. Scope-oJ-Work RRM Design Group will function as the Planning and Urban Design Consultant to the City of Chula Vista pursuant to a Two-Party agreement under the supervision of the Community Development Department's Planning and Housing Division Manager. The responsibilities of the Plonning and Urban Design Consultant, which are more fully described in the attached draft Two-Party Agreement, generolly include the following: . Phase One - Development of the direction for the Specific Plan through evaluation of background moterials, preparation of special studies, preporation of urban design opportunities ond constraints analyses, and development of various planning maps; . Phase Two - Development of the Urban Core Vision Plan including a three-day charette culminating in a Public Vision Poster; . Phose Three - Preparation of the key elements of the Specific Plan including land use regulations and development standards, urban design guidelines. streetscape master plan, preliminary infrastructure analysis, and capital improvements plan; . Phase Four - Public Participotion component including interviews with key stokeholders, staff task force and Advisory Committee meetings. Three Public Workshops, meetings with City committee's and commissions, and the public hearing process; . Phase Five - Preparotion of the Specific Plan including various reviews and revisions. . Phase Six - Free services including design review of projects during preparation of the Specific Plan, one-year check-up and speaker invites. Contract Payment The amount for this two-party agreement is $354,520 including a 10% contingency of $35,000 for additional services if determined necessary by the Community Development Department's Planning and Housing Division Manager. The Consultant will invoice the City on a monthly basis and will be compensated for tosks completed as outlined in the Two-Party Agreement. 01-.3 .. PAGE 4, ITEM NO.: eJ.. MEETING DATE: 01/13/04 FISCAL IMPACT The contract amount for consulting services is $354,520 (includes a 10% contingency). The City's 2003/04 Capital Improvement Program's budget includes $250,000 in the existing CIP Project - Urban Core Specific Plan (RD 242) for the preparation of the Urban Core Specific Plan. This CIP Project is requested to be augmented by amending the Fiscal Year 2003/2004 budget by transferring $100,409 from Merged Project Area (65130-8611) to Bayfront (61120-5661), and appropriating $100,409 from Bayfront (65130-8611) to existing ClP Project - Urban Core Specific Plan (RD 242), and transferring $4,111 from Bayfront/TCI Professional Services (61120- 6301) to existing CIP Project - Urban Core Specific Plan (RD 242). 1\COMMDEV\STAFF.REP\Ol-13-04\Urban Care Specific Plan\UCSP Agenda Statement.dac 02-1 .. RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RRM DESIGN GROUP INVOLVING CONSULTANT SERVICES RELATED TO THE PREPARATION OF THE URBAN CORE SPECIFIC PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY TRANSFERRING $100,409 FROM MERGED PROJECT AREA TO BAYFRONT, AND APPROPRIATING $100,409 FROM BAYFRONT TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN, AND TRANSFERRING $4,111 FROM BAYFRONTfTCI PROFESSIONAL SERVICES TO EXISTING CIP PROJECT - URBAN CORE SPECIFIC PLAN WHEREAS, the General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the General Plan Vision for the traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character and architectural style and enhanced access to facilities and services: and WHEREAS, the Land Use Element of the General Plan refers to the use of precise planning in the areas surrounding Town Centre I to encourage mixed land use; and WHEREAS, the City of Chula Vista is currently in the process of a comprehensive update of the General Plan, and; WHEREAS, the City anticipates that the Urban Core Specific Plan will serve as the precise planning mechanism to direct and guide the development of the Urban Core, including the Downtown and surrounding areas, towards this goal by directly regulating land use and establishing a focused development scheme and process for the area; and WHEREAS, the preparation of the Urban Core Specific Plan will be closely coordinated with the General Plan Update process to accomplish the necessary neighborhood-level planning for the Urban Core that is envisioned in the update process; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65507 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan. WHEREAS, on May 27, 2003, the City Council approved a resolution to initiate the preparation of the Urban Core Specific Plan: and WHEREAS, on August 18, 2003, the City of Chula Vista Community Development Department distributed and advertised the Request for Proposals to provide planning and urban desjgn consulting for the Urban Core Specific Plan, and: WHEREAS, on September 17, 2003, the City of Chula Vista received seven (7) proposals to provide said planning and urban design consulting services, and; d-~ .. WHEREAS, after the duly appointed Selection Committee completed their review of the proposals and interviewed the four (4) top rated consultant firms, the Selection Committee selected RRM Design Group as the Consultant to provide the required planning and urban design consulting services, and; WHEREAS, the 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. NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista do hereby adopt this resolution approving a Two-Party Agreement between the City of Chula Vista and RRM Design Group for the preparation of the Urban Core Specific Plan and authorizes the Mayor to execute said agreement; and BE IT FURTHER RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista do hereby amend the Fiscal Year 2003/2004 budget by transferring $100,409 from Merged project area (65130-8611) to Bayfront (61120-5661), and appropriating $100,409 from Bayfront (65130-8611) to existing CIP Project - Urban Core Specific Plan (RD 242), and transferring $4,111 from BayfrontlTCI Professional Services (61120-6301) to existing CIP Project - Urban Core Specific Plan (RD 242). PRESENTED BY APPROVED AS TO FORM BY fÆ ~fVl~ DAVID D. ROWLANDS, JR. AN~ CITY MANAGER CITY/AGENCY ATTORNEY J:ICOMMDEVISTAFF.REPIO1-13-04IURBAN CORE SPECIFIC PLANIRESO -UCSP.DOC ~-G.. .. Parties and Recital Pagels) Agreement between City of Chula Vista and RRM Design Group for Planning and Urban Design Consulting Services for the City of Chula Vista Urban Core Specific Plan 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 entity 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, the General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the General Plan Vision for the traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character and architectural style and enhanced access to facilities and services; and WHEREAS, the Land Use Element of the General Plan refers to the use of precise planning in the areas surrounding Town Centre I to encourage mixed land use; and WHEREAS, the City of Chula Vista is currently in the process of a comprehensive update of the General Plan, and; WHEREAS, the City anticipates that the Urban Core Specific Page 1 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-7 .. Plan will serve as the precise planning mechanism to direct and guide the development of the Urban Core, including the Downtown and surrounding areas, towards this goal by directly regulating land use and establishing a focused development scheme and process for the area; and WHEREAS, the preparation of the Urban Core Specific Plan will be closely coordinated with the General Plan Update process to accomplish the necessary neighborhood-level planning for the Urban Core that is envisioned in the update process; and WHEREAS,Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65507 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan. WHEREAS, on May 27, 2003, the City Council approved a resolution to initiate the preparation of the Urban Core Specific Plan; and WHEREAS, on August 18, 2003, the City of Chula Vista Community Development Department distributed and advertised the Request for Proposals to provide planning and urban design consulting for the Urban Core Specific Plan, and; WHEREAS, on September 17, 2003, the City of Chula Vista received seven (7) proposals to provide said planning and urban design consulting services, and; WHEREAS, after the duly appointed Selection Committee completed their review of the proposals and interviewed the four (4) top rated consultant firms, the Selection Committee selected RRM Design Group as the Consultant to provide the required planning and urban design consulting services, and; WHEREAS, the 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. Page 2 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02 -8' . .. (End of Recitals. Next Page starts Obligatory Provisions.) Page 3 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02 -9 .. Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City 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 B, 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 Page 4 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-I() . .- 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. F. Insurance Consultant represents that it and its agents, staff and sub- consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, 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. Commercial General Liabil i t Y 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"). Page 5 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ -I ( .. 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. (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 Page 6 Two Party Agreement Urban Core Specific Plan-RRM Design Group c)-I'L .. 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. 1. 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. Page 7 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:9- -1..3 .. 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 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. 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 Page 8 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ - 1'-1 .. 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 delays by the City are not subject to penalties. 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 Page 9 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~_IÇ .. 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 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 tJ;1e 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 Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Page 10 Two Party Agreement Urban Core Specific P1an-RRM Design Group c:;). - I G:. .. 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 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Page 11 Two Party Agreement Urban Core Specific Plan-RRM Design Group c).-/7 .. Section Exhibit A to this Agreement. 7.2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 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 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, Page 12 Two Party Agreement Urban Core Specific P1an-RRM Design Group .;) - 1'( .. omissions, Consultant shall reimburse City for any additional expenses incurred by the City to remedy the error. 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. II. 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 sub- consultants identified thereat as "Permitted Sub-consultants". 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 sale and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject Page 13 Two Party Agreement Urban Core Specific Plan-RRM Design Group b)-I Cj .. 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. As to the future use of the Consultant's work produced pursuant to this Agreement, and for purposes other than as described in Exhibit A hereto, the City acknowledges that the fiscal analysis should not be used for a financial offering absent additional due diligence and/or update. 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. 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 Page 14 Two Party Agreement Urban Core Specific P1an-RRM Design Group C)-.J...O - .. 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 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 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 Page 15 Two Party Agreement Urban Core Specific Plan-RRM Design Group r::J-...l ' .. 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. 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 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. Page 16 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02. -~ ~ .. [end of page. next page is signature page.] Page 17 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:L-.2-3 .. Signature Page to Agreement between City of Chula Vista and RRM Design Group for Planning and Urban Design Consulting Services for the City of Chula Vista Urban Core Specific Plan IN WITNESS WHEREOF, City 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: , 200 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Consultant: RRM Design Group By: Mark Page 1B Two Party Agreement Urban Core Specific P1an-RRM Design Group r:J. -01.'-1 .. Exhibit A to Agreement between City of Chula Vista and RRM Design Group 1. Effective Date of Agreement: January , 200 - 2. City-Related Entity: ( ) 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 ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: RRM Design Group 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Exhibit 'A' Page 1 Two Party Agreement Urban Core Specific Plan-RRM Design Group o<-Ø2..~ . .. 31831 Camino Capistrano Suite 200 San Juan Capistrano, California 92675-3215 Voice Phone (949) 608-4010 Fax Phone (949) 608-4009 7. General Duties: Consultant will prepare the Urban Core Specific plan for the City of Chula Vista. The Plan will apply to the areas as defined in this scope of work, and as may be further refined during the planning process. The Plan will be utilized to implement development of the land uses as envisioned by the updated General Plan. The Consultant shall provide planning and urban design services, including background analysis, additional studies and data compilation, public participation, plan development and hearing and adoption process. 8. Scope of Work and Schedule: A. Detailed Scope of Work: In fulfilling the General Duties described above, Consultant and subconsultants shall perform all of the following to the satisfaction of the City's Planning and Housing Division Manager in completion of work under this Agreement: Phase One Task 1.1--Fo~ulate Staff Task Force and Advisory Committee Membership Working with City staff, the consultant will develop a list of City Department officials who should be made part of a Staff Task Force. At this time it is anticipated that the Western Chula Vista Executive Committee will serve the role of the Staff Task Force. This Task Force will provide leadership and review the consultants' products along with City staff. A separate Advisory Committee, made up of representatives with interests germane to the Urban Core Exhibit 'A' Page 2 Two Party Agreement Urban Core Specific Plan-RRM Design Group c2-;)..~ - .. will be selected to meet with the Consultant team throughout the life of the project. Consultant will meet briefly with this Committee prior to conducting the Field Reconnaissance. Product: Meeting to formulate list of Task Force and Advisory Committee Candidates Task 1.2--Field Reconnaissance Consultant will spend three days in Chula Vista to conduct, gather and review background information. Informed, person- on-street interviews will be conducted. One of the tasks during this period will be a parcel by parcel photographic inventory as well as videotape of a walking tour conducted by Consultant of the Urban Core Specific Plan preliminary Focus Areas (as identified in the Request for Proposals). Product: Digital Photographic inventory; Background Info Memorandum; interview notes; Urban Core Video. (Deliverable No.1) Task 1.3--Create Composite Base Map Consultant shall create a "vision plan" which is as real and credible as possible, using parcels mapping, GIS information and any other base mapping type which will be consolidated by Consultant into a composite base map for the project. Consultant will work with whatever the City can provide without requiring creation of new maps not currently under city control. Product: Electronic and hard copy base map at 50 scale. (Deliverable No. 2) Task 1.4--Review All Applicable Plans/Studies Consultant will do an extensive review of all the literature that has been created for Urban Core. These include studies, reports, memorandums and any other information transmitted to Consultant by the City. The report will summarize the information. Product: Consultant will prepare and submit a written Exhibit 'A' Page 3 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-.,.2.? .. evaluation that summarizes the background information. (Deliverable No. 3) Task 1.5--Refine the Urban Core Boundaries Consultant will review and modify the Urban Core boundaries as appropriate and in consultation with City Staff. Consultant will assess and make recommendations on refinement of districts, focus areas and neighborhoods. Product: Electronic Base Map with Draft Boundaries. (Deliverable No. 4) Task 1.6 - Future Development Map (proposed, new, protect, keep, rehab/reuse, remove, acquire etc.) Consultant will develop a color development map graphic which. This map will identify on a parcel-by-parcel basis the potential future disposition of each property in the Urban Core. Consultant will meet with City Staff for a one day Charrette to receive City staff input to create the Development Map. Video, site photos and Composite Map will be consulted when certain properties are reviewed. Product: Electronic Color Development Map Graphic Task 1.7--Modify the Development Map Consultant will modify the Development Map following a half- day bus tour of the Urban Core with City Staff members. Product: Revised Electronic Development Color Map Graphic. (Deliverable No. 5) Task 1.8--Develop the" Public Property Disposition Map Exhibit" Consultant will develop a color map graphic. The map will identify the future disposition of: 8 Right Of Way Exhibit 'A' Page 4 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02-...1.1 - .. . All Publicly Owned Lands . Public Buildings (civic center and others) . Parks This task includes one modification to the exhibit following input from City staff. Product: Electronic Color Public Property Disposition Map Graphic. (Deliverable No. 6) Task 1.9--Staff Task Force/Advisory Committee Review Meeting Consultant will meet with City Staff upon City's request to review products produced to date and to receive further direction. Product: none Task 1.lO--Evaluate Regulatory Framework Consultant will evaluate current zoning and any other regulations which might be serving as disincentives to redevelopment and reuse in the Urban Core area. The main areas to be reviewed will include permitted and prohibited uses, site development standards, conditional use regulations, density and application and review procedures. In addition, the parking and sign standards will also be reviewed with regard to 'Urban Core" type development. Product: Written Evaluation Report (one electronic version). (Deliverable No. 7) Task 1.11--Conduct the Urban Design Opportunities and Constraints Analysis. Consultant will develop an analysis of the Urban Core's Urban Design improvement potentials. Of particular interest, key entry nodes from outlying corridors will be evaluated. Existing streetscapes, sidewalks, neighborhoods, districts, focus nodes, and important path opportunities will be evaluated. In addition, the following will be considered: . Street Trees . Existing Street Lights . Existing Street Furniture Exhibit 'A' Page 5 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:2. -.l CJ .. . Public Signage Systems . pedestrian Linkages . District Edges, Nodes and Paths Product: Electronic "Kevin Lynch" type Color Map Graphic, includes one modification to the draft following input from City staff. (Deliverable No. 8) Task 1.12--Traffic Study (Kimley Horn and Associates, Inc. - Subconsul tant) Kimley-Horn and Associates (KHA) will conduct a comprehensive traffic evaluation in the Urban Core study area. The study will have the following purposes: . Assess the availability of development capacity in the Urban Core . Develop recommendations for infrastructure improvements . Recommend policies and developments standards on parking in the context of Transit Oriented Development . Serve as the traffic section for a subsequent ErR for the Urban Core . Evaluate peak hour LOS on the Urban Arterial network based the method developed as part of the General Plan Update The traffic study will involve the following tasks: . Prepare inputs for traffic modeling for the recommended land uses in the specific plan. Up to three alternative land use plans will be developed. KHA will recommend appropriate select link and select zone runs to be included for purposes of further refining travel patterns and evaluations. . Evaluate future 2030 traffic conditions assuming existing General Plan land uses and circulation element and the proposed Urban Core land uses and circulation element. This evaluation will include an evaluation of intersections and the five designated urban arterials. This analysis will be conducted using procedures developed as part of the General Plan Update, and will involve relatively minor revisions to the capacity Exhibit 'A' Page 6 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02.. - 3-0 .. analysis model to be created under the GPU. . Prepare a circulation element for the Urban Core. This will include Street Design Standards for the Urban Arterial classification. Each urban arterial will have unique design characteristics and associated improvements. . Evaluate existing parking policies and development criteria in the context of Transit Oriented Development and make recommendations that take into account improved transit service and possible future shifts from the automobile to other modes of travel. (Thirty-two hours is assumed) . . Coordinate with Chula Vista Transit, Metropolitan Transit Development Board and SANDAG representatives on transit service issues (Twenty-four hours is assumed) . . Review other streets in the study area to assess their use with the recommended Urban Core plan. Some streets may be needed to provide circulation. Others may be impacted by increased densities; these streets may be candidates for various traffic calming measures. Identify key pedestrian linkages that may be needed to better connect land use to transit and other complimentary uses. . KHA will review the draft transit mobility plan and provide recommendations. . KHA will provide technical review and support in the preparation of the specific plan. Product: KHA will prepare a written draft traffic report. After receiving comments from City staff, KHA will prepare a final report as input to the final Specific Plan. (Deliverable No. 9) Task 1.13--Evaluate Market/Economic Conditions (Economic Research Associates- Subconsultant) Task 1.13.1--project Initiation Orientation. Economic Research Associates (ERA) will meet upon City's request with city staff and Downtown stakeholders to discuss the area's history, the Exhibit 'N Page 7 Two Party Agreement Urban Core Specific Plan-RRM Design Group c.2-.31 .. community's vision, and development and economic objectives. ERA will 'collect any relevant information, planning documents, or prior reports at this time. Brainstorming Session. ERA will discuss upon City's request the objective of generating a range of program options and development strategies for the area. This will allow the consultant team, the City, and Downtown stakeholder organizations to develop a shared understanding of expectations and vision for the project. ERA will set forth the major market parameters to guide the establishment of the most viable conceptual schemes. Site Reconnaissance. Upon request of the City, ERA will tour Downtown with the consultant team, City staff, and representatives of the community to become familiar with existing uses, site opportunities, linkages, and community character. Review Studies. ERA will review prior studies to determine information that needs updated or new analysis to support the planning effort Task 1.13.2--Analysis of Existing Market Conditions The purpose of the second task is to begin the process of assessing market opportunities. This effort will provide the basis for further development and evaluation of market concepts and candidate uses. Data Collection and Analysis of Market Parameters ERA will review at least the following: . regional and local economic, employment, and demographic trends; . current land use policies in the study area; . commercial and residential development trends, rents, and occupancy levels; . recent land sales transactions; . dining and entertainment (including movie theater) trends; . characteristics of competing areas, existing and planned; . planned and proposed major infrastructure and public facility improvements; Exhibit 'A' Page 8 Two Party Agreement Urban Core Specific Plan-RRM Design Group ol-.3-<. . .. . existing development proposals; . taxable sales trends in the study area; . business license data in the study area; . inventory of vacant space and parcels in the study area; . commercial property ownership characteristics; . business improvement district data; and . other data as appropriate. Task 1.13.3--Concept Definition and Testing ERA will develop an evaluation matrix for initial screening of uses against a set of market and economic criteria including the community's vision, the sustainability of master plan goals, market context, land opportunities and constraints, economic issues, and trends in commercial real estate development. The matrix will provide a tool to help organize potential uses in light of district concept alternatives. This structure will provide the initial qualitative basis for identifying the best uses. Testing of Alternative Concepts ERA will interview up to ten commercial and residential real estate brokers, key landowners, and business development stakeholders to identify the following: . Opportunities for Downtown Chula Vista; . Challenges to tenant and developer attraction; . Attributes associated with the existing conditions and the market place; . Land consolidation issues; . Site development and redevelopment opportunities and constraints. Task 1.13.4--Market Forecasts of Key Uses Once the alternative preliminary concepts are approved by City staff, ERA will begin more in-depth market analysis of key potential uses for near to long term development. The main objective of this review is to determine the potential level of demand for the respective key uses. The information collected earlier will be built upon to develop indicators of market strength and support for the Exhibit 'A' Page 9 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02 -.3.3 .. respective uses. The impact of major planned and proposed developments that may affect the area's potential will be considered. ERA will estimate market area buying power and demand for major commercial based on sales per square foot factors, and residential demand based on projected household formation rates and tenure. Opportunities for non-retail employment lands (office and institutional uses) will be based on site opportunities and fair share capture of future commercial office growth based on the workforce characteristics in the area and competing employment lands within commuting distance. Opportunities for visitor-serving land uses (such as lodging) will be based on projected overnight visitor growth and demand by visitor market segments. Market area demand will be compared to current and anticipated future supply, and reasonable market penetration rates for Downtown over time will be estimated. Specifically, ERA will analyze the market potential and will project potential market support in Downtown over time (2, 5, 10, 20 years) for the following components: . Commercial office . Commercial retail . Entertainment . Food and beverage . Multi-family Residential (rental and ownership) . Lodging . Mixed-use . Other Task 1.13.5--Review policies and Strategies ERA will review existing policy and program recommendations, goals and objectives for Downtown for consistency with the market opportunities and constraints identified in earlier tasks. Based on this review, ERA will recommend modifications and will identify community- based strategies to help fulfill the community's market needs. Task 1. 13. 6--Pro-forma Analysis ERA will prepare preliminary pro-forma analysis for five types of development concepts for particular anchor sites Exhibit 'A' Page 10 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:::¿ -..3 t.j .. in the specific plan area to determine potential financial outcomes. ERA will project rents and operating costs, and standard development costs based on R.S. Means Cost data. Based on rate-of-return criteria, ERA will solve for the residual land value that is supportable and will compare these values to existing market values in the community. This analysis will not include analysis to determine extraordinary development costs. However, extraordinary development costs can be incorporated if already estimated by the City. Task 1.13.7--Recommended Development Program Upon request of City staff, ERA will prepare and present a draft development program at one staff meeting and one public meeting. The report will address the following topics: . Market opportunities and constraints; . Projections by land use; . Recommended market niches and development concepts; . Land consolidation issues and opportunities; . Site development and redevelopment opportunities and constraints; . Opportunities and issues associated with mixed-use development; . Financial implications; . Recommended community-based strategies. Task 1.13.8--Specific Plan Implementation Strategy With the consultant team, ERA will identify specific actions required to stimulate interest of developers and tenants and cause investment in Downtown. These actions, including existing City and Agency programs, will address the following topics: . Land use planning, zoning, and review processes . Project examples . Public improvements and infrastructure to facilitate highest & best use of the area. . Financing alternatives and recommendations. . Incentive programs. . Implementation timing and sources of financing. ERA will estimate the overall economic benefit to the Exhibit 'A' Page 11 Two Party Agreement Urban Core Specific Plan-RRM Design Group c::.2 -..3.s- .. City resulting from the recommended implementation programs and policies. Task 1. 13 . 9 --Draft and Final Report Product: ERA will prepare a draft report as input to the draft Specific Plan. After receiving City staff comments, ERA will prepare a final report as input to the final Specific Plan. (Deliverable No. 10) Meetings and Workshops. ERA will participate, upon City staff request, in three staff meetings, two group workshops, and two public hearings regarding the Specific Plan. Task 1.14--Establish Final Boundaries of Specific Plan, Districts and Focus Areas The boundaries of the Specific Plan Area and the Focus Areas within the Specific Plan area will continue to be modified by Consultant, as City staff deems necessary. Consultant will develop a focus area or "districts" map so that the large area may be handled in a more customized manner. The focus areas will be defined through land use, traffic systems and urban design paradigms. Product: Final Specific Plan Boundary Map. (Deliverable No. 11) Task 1.15--Memorandum of Understanding - "A Direction for the Urban Core" A bound report which summarizes all the analysis tasks from Consultant will be prepared by Consultant. It will include reduced versions of the map graphics produced to date. The Traffic and Market Reports will be submitted separately by KHA and ERA. Product: Fully Illustrated Written Report (electronic file, PDF) 20 B&W copies. (Deliverable No. 12) Phase Two In order to acquaint the greater public with the Vision for Exhibit 'A' Page 12 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ -.3-" .. Urban Core, Consultant shall develop a physical master plan of what the Urban Core might appear like twenty years from now. Task 2.1--Convene the Three-Day Visioning Charrette with Staff Task Force and Advisory Committee The Consultant upon request of the City will arrange an off- site Vision Plan Charrette. The Charrette will be conducted over a period of three days. Consultant will provide all necessary materials to conduct the Charrette. Consultant will seek input from City staff when arranging invitations and follow-up materials to be sent to the attendees. Over three days, Consultant will develop the four backbone components of the Vision Plan. They include: 1. The Land Use Vision-- spring boarding from the direction of the General Plan, specific configurations of where certain activities and uses will occur in the Urban Core. 2. The Circulation Vision--How the current street grid will be adjusted and modified to affect high quality movement of vehicles and pedestrians. The Vision will also include concepts for additional parking (as needed) and transit-friendliness. 3. The Mobility Vision--Includes looking at how existing and future transit modes will ultimately affect land use/circulation and urban design. 4. Urban Design Vision--Consultant will address the following questions: What is envisioned for the architecture and urban design concepts in each one of the districts, neighborhoods or focus areas? What will the entries look like? Where will they be located? What are the desired height/massing and orientation of buildings on Broadway versus Third? How much of Downtown "should" undergo significant intensification? The provision of providing additional open space opportunities by possibly covering portions of the Freeway may be explored as appropriate. Exhibit 'A' Page 13 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02-.37 .. Once these plans are drafted onto a base map, Consultant will take the vision Plan though the next series of tasks. Product: Draft hard copies/tissue overlays/working maps Task 2.2--Develop the First Draft Vision/Development Guide Poster. Following the Three Day Charrette, Consultant will develop the Vision Poster for the Urban Core. The Vision Poster will be a 24" x36" full color axonometric or plan view of the Urban Core which will create a pro-active attitude. It will establish priorities and delineate a coherent and internally consistent urban design framework (form) for the Urban Core. The Vision Poster will contain: . Building footprints with shadow to depict height . Infill Buildings . Streets with automobiles . Transit Nodes . Streetscape features such as trees/plazas/paseos and intersection/crosswalk paving . Parks/Plaza's/ Open Space . Circulation Plan as supported by the findings of KHA . Parking Locations. . The Land Use Plan (depicted through color and building typology) (supported by the Economic Marketing Plan) . Plan Features called out with leader notes . Infrastructure Improvements (visible) . Several leader notes to specific improvements/uses and relocations. In addition to the plan itself, a number of separate features will also be placed on the borders of the poster to provide additional detail clarity. These vignette drawings or photos include but are not limited to: . Sketch of new parks or parks/plazas . Architectural vignette of a redeveloped old shopping center . Architectural Vignette of Urban Housing/Mixed Use Project . Architectural Vignette Of Live/Work Project or similar Exhibit 'A' Page 14 Two Party Agreement Urban Core Specific P1an-RRM Design Group 02 -.3 t> .. . Urban Design Streetscape View of Broadway or other corridor . Sketch of a high-energy people place, such as a Festival Event. . Sketch or Computer Simulation of Urban Core/Chula Vista Gateway. Product: DRAFT Vision Poster and sketches/vignettes (electronic and ten 24"x36" color versions). In addition, ten 18"x24" color versions of the individual districts/focus areas will be produced. (Deliverable No. 13) Task 2.3--5taff Task Force/Advisory Committee Meeting Once a Draft of the poster is complete consultant, upon request of City staff, will meet with the Staff Task Force and the Advisory Committee to review the poster. Product: none Task 2.4--Vision Poster Revisions Consultant will make revisions to the Vision Poster based on input from City staff and the Staff Task Force/Advisory Committee Meeting. Product: Draft Two Poster. (Electronic and five 24"x36" B&W versions). In addition, five 18"x24" b&w versions of the individual districts/focus areas will be produced. (Deliverable No. 14) Task 2.5--Revise or Supplement Key Sketch Vignettes Consultant will revise or supplement the key poster vignettes based upon input from the Staff Task Force, as City staff deems appropriate. Product: Revised sketches/vignettes (b&w 8.5"x 11") Task 2.6--Deve1op the Public Vision Poster Consultant will develop a fully articulated and colored Vision Poster for the public to see. As with the Draft, the poster will contain all elements to define the vision for the future of the Urban Core area and will include sketches/vignettes. This task incorporates all suggested Exhibit 'A' Page 15 Two Party Agreement Urban Core Specific P1an-RRM Design Group cJ-.3C¡ .. modifications. Product: Public Vision Poster. (10 fully colored 24"x36") Electronic version. In addition, ten 18"x24" color versions of the individual districts/focus areas will be produced. (Deliverable No. 15) Phase Three Once City staff determines that a critical Vision has been established and validated by the community at large, Consultant will develop the details and implementing actions of the Specific Plan. This phase will establish the specific items and major components of the Specific Plan document. It will define the who, what, where, when and how for each action item to be adopted as part of the plan. The Specific Plan will include all the required elements as specified in Government Code Section 65301(b}. Task 3.1--Draft the Specific Plan's - "Ten Key Principles" For the Urban Core. Consultant will develop the short term and long term Principles for the Urban Core area of Chula Vista. These will become the guiding force behind the development of future goals and objectives. Product: Draft of Ten Principles for Development Guide (and back of Vision Poster) Electronic version. Includes up to three modifications as directed by City staff. (Deliverable No. 16) Task 3.2--Develop Specific Plan Regulations & Development Standards (The SMART Code Approach) Consultant acknowledges that the City has very specific goals it wants to establish for Urban Core. Elements include a true urban core, mixed use, entertainment venues, market rate housing, live-work space, taming the Broadway Corridor and strengthening neighborhoods. All of these require user- friendly zoning to accommodate and "encourage" these ideals. Consultant will review all zoning applicable to the Urban Exhibit 'A' Page 16 Two Party Agreement Urban Core Specific Plan-RRM Design Group o.2-~O .. Core and will develop a brief report on suggested changes (Task1.l0), including allowed and prohibited uses, density, signs and parking regulations. Consultant will develop new zoning categories under the auspices of the Specific Plan. Following this, Consultant will develop land use regulation and development standards as part of the Specific Plan. Consultant will develop SMART Code provisions versus the untested "form-based" zoning or maintaining the current zoning model. Consultant will also develop design criteria which will dictate the form and design of new urban structures. Other zoning techniques will be developed as the need arises. One "key" aspect of the regulations Consultant will develop will be " incentive-based" zoning regulation. This type of zoning gives developers bonuses for doing the right things. Consultant must consider that the City might offer bonuses for various activities which may include: . Providing added pedestrian amenities . Housing within ~ mile of Transit . Lot consolidation (Broadway) . Nonconforming signage removal Consultant will provide resources necessary to develop high quality CBD-type zoning regulations. Product: Specific Plan Land Use Regulations and Development Standards. This task includes one major revision based on City staff input. (Deliverable No. 17) Task 3.3--Develop the Urban Design Concepts for Urban Core Entries Consultant will develop the urban design components (signage, landscape, special features) to be utilized on each of the Urban Core's entries. Major entries will receive more urban design amenities while secondary entries will receive less, but matching thematic elements. Product: Artist perspective sketches or computer model drawings for prototype entry. Includes two sets of modifications based on input from City staff. This task Exhibit 'A' Page 17 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-4' . .. includes sketches of four major entries and two secondary entries. (Deliverable No. 18) Task 3.4--Develop the Conceptual Streetscape Master Plan Consultant will develop a conceptual Master Streetscape Plan. The Plan will emerge at the District level so that streetscape design can be related to district urban design parameters. Also, Consultant will develop streetscape furniture palettes and prototypical artist sketches that provide more detail that the Master Concept. Items include but are not limited to: . Street Trees . Paseo's . Benches . Banners . Lights . Conceptual Wayfinding Program . Paving . Any Special Street Treatments . Structures in the Public right-of-way (e.g. news racks) Product: 24"x36"full color plan view of Master Streetscape Plan in each District/Focus Areas. 18" x24" full color Street Furniture Palette. Three sketch vignettes, l8"x24" , color. Electronic files included. (Deliverable No. 19) Task 3.5-- Staff Task Force/Advisory Committee Meeting Upon request of City staff, Consultant will present the products prepared under the previous three tasks to the Staff Task Force/Advisory Committee for their input and modifications. Product: none Task 3.6--Product Modifications Consultant will modify the Principles, SMARTCode and Conceptual Streetscape plans as requested by the Staf£ Task Force/Advisory Committee and City staff. Product: Revised products described above. (DeliverabJ.e No. Exhibit 'A' Page 18 Two Party Agreement Urban Core Specific P1an-RRM Design Group ~ -L/ 2... .. 20) Task 3.7--Develop Design Guidelines (by district) Consultant will develop an extensive array of design standards and guidelines for new and existing development in the Urban Core. The standards will address the commercial ("Main Street" & corridor) and residential components of the Urban Core area. They will address site planning, architecture, massing, landscape, tenant improvements, signs, facades, storefronts and parking. While no "architectural" theme may emerge, the standards will achieve a certain level of quality without being overly burdensome. The standards and guidelines will be richly illustrated with several examples of good development subjects. When coupled with the zoning modifications, this will establish the benchmark for future development quality in the Urban Core area. Product: Fully Illustrated Design Guidelines and Development Standards. B&W. 10 Copies (Deliverable No. 21) Task 3.8-- Staff Task Force/ Advisory Committee Review Meeting The Staff Task Force/Advisory Committee will assemble upon request of City staff, to review the emerging traffic recommendations and the Design Guidelines. In order to provide the consultant with meaningful input, the products will be sent by the Consultant to the staff and the Advisory Committee two weeks preceding the meeting. Product: none Task 3.9--Modifications to Design Guidelines Consultant will revise these products as prescribed by the Staff Task Force/ Advisory Committee and City staff. Product: Modified Design Guidelines (Deliverable No. 22) Task 3.l0--Infrastructure (KHA) Subconsultant KHA will conduct a cursory infrastructure Exhibit 'A' Page 19 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ -43 - .. review based on a windshield survey of the project area. Product: Infrastructure Analysis Brief (Deliverable No. 23) Task 3.11--:r:dentify .. KEY~ Short Te~ Demonstration project{s) Consultant will select, with the approval of City staff, two or three key projects which could be implemented in the first year of the project. Consultant will confer with City staff in order for Consultant to develop the concepts of "cornerstone" projects. Product: List of Demonstration Project Ideas and a conceptual design (Deliverable No. 24) Task 3.12--Develop the Implementation Program of Projects, Actions and Improvements Consultant, along with the subconsultant team will develop the Implementation Program. This section of the plan will detail each and every action that needs to be accomplished in order for Chula Vista to realize Urban Core success. Each "action," "projects," and "improvements," will be assigned a budget as well as a suggested year in which it is to be accomplished. This information will be distilled into a one-stop matrix to be included in the Plan. Product: Implementation Program -electronic file and lO copies (Deliverable No. 25) Task 3.13-- Staff Task Force Review/Advisory Committee Meeting Upon request of City staff, Consultant will meet with the Staff Task Force/Advisory Committee to review the Infrastructure Report, suggested Demonstration project{s) and the Implementation Program. Product: none Task 3.14--Modifications Upon request of City staff, Consultant will make modifications to the Infrastructure Plan, Suggested Demonstration Project and Implementation Program. Exhibit 'A' Page 20 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-c¡ý . .. Product: Revised products described under Task 3.10, 3.11 and 3.12 (Deliverable No. 26) Task 3.1S--Develop the Ten Year Capital Improvements Budget Consultant will develop a Ten Year "Urban Core" Capital Improvements Budget for all Projects, Actions, & Improvements. Product: Part of Draft Plan Phase Four Task 4.1--Interviews with Key Stakeholders Based upon recommendations from City Staff, Consultant will conduct up to 30 one on one interviews with key Urban Core stakeholders. Interview results will be kept confidential and used to acquaint the consultant team with issues within Urban Core. Product: Notes and ideas Task 4.2--Meetings with City Staff Consultant will meet bi-weekly with City Staff. A total of 24 separate and distinct meetings will be held in Chula Vista. Mark Brodeur, or another Principal in Consultant's firm as approved in advance by City staff, will attend all of these meetings. If approved in advance by City staff, four of these meetings may be held in RRM Design Groups San Juan Capistrano Office. If the timeline for the project is extended beyond one year and additional staff meetings are necessary, these additional staff meetings will be ~harged on a time and materials basis. Product: Agenda and notes Task 4.3--Public Workshops (3) As directed by City staff, Consultant will conduct a series of Three Public Workshops in the Urban Core. As a method of soliciting community-wide input and maintaining momentum, Consultant will conduct three Storefront "drop-in" type Workshops in the Urban Core Area. This process allows Exhibit 'A' Page 21 Two Party Agreement Urban Core Specific Plan-RRM Design Group c::; - 4s- .. residents to choose to participate in the active forum or the "walk-through" approach. Consultant will provide all materials necessary to conduct and facilitate the Public Workshops. City staff will be responsible for meeting publicity (notifications) and arrangements having to do with scheduling the facility. The meetings are as follows: Workshop #1 -- What is Your Vision for Urban Core? Visual walking tour -the Good, the Bad and the Ugly! What is missing? What should go away? "A Direction for Urban Core" Based on the results and products associated with the completion of Phase One, Consultant team will present the findings to the public at the Workshop. Comments will be taken and verbally responded to by Consultant. Products: Powerpoint Presentation. Color wall graphics. Workshop #2--" A Vision for Urban Core" Based on the results and products of Phase Two, Consultant will present the Vision Poster to the public. Comments will be taken and verbally responded to by Consultant. Products: powerpoint Presentation; Color Vision Posters. City is responsible for mass printing of Vision Poster. Workshop #3--The Specific Plan. Consultant will develop a 20-minute PowerPoint presentation which will be shown on a rotational basis so that residents can drop in during the day of the Workshop. The PowerPoint presentation shall also be made available to local government access channels. The PowerPoint presentation may also be used by the City to show to prospective developers. Comments will be taken during the Workshop and verbally responded to by Consultant. Products: PowerPoint Presentation Task 4.4--Boards & Commissions As directed by City staff, Consultant will attend four meetings with the City's Design Review Committee and one meeting with the Resource Conservation Commission. Exhibit 'A' Page 22 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-4-Cø . .. Products: PowerPoint Presentations Task 4.5--Public Hearings As directed by City staff, Consultant will attend and make presentations, including powerpoint, to two Planning Commission hearings and two City Council hearings to consider and adopt the Urban Core Specific Plan. Products: PowerPoint Presentation Task 4.6--Publicity Program Consultant will prepare products for City Web Page inclusion (HTML). Consultant will develop posters to invite public input. Consultant will also prepare monthly update materials (paper and electronic) for broad dissemination to several stakeholder groups. City staff will be responsible for mailing these monthly updates, as City staff deems appropriate. Product: Two posters and 10 Monthly Updates (master and electronic HTML) (Deliverable No. 27) Task 4.7--project Management Mark Brodeur, Principal of RRM will serve this project directly as the Project Manager, except as otherwise approved by the City's Community Development Department's Planning and Housing Division Manager. Work generally also includes subconsultant communications, billings, record keeping, scheduling, meeting coordination, mailings, staff work assignments and quality control reviews. Products: none Phase Five This phase provides the tasks and resources for the consultant design team to develop and amend the Specific Plan as City determines is needed throughout the process. Consultant will be responsible for taking all the components from past tasks as well as summarizing subconsultant's reports into the body of the new Specific Plan document. Exhibit 'A' Page 23 Two Party Agreement Urban Core Specific Plan-RRM Design Group bJ-c./7 - .. Task 5.1--Administrative Draft Specific Plan Consultant will develop the cover, Table of Contents, Figures, maps, diagrams and all other needed publishing elements to develop the Administrative Draft of the Specific Plan. This is not a public draft and is intended for City staff review only. Product: One Camera Ready B&W copy, Unbound. 10 Black and White Copies (Deliverable No. 28) Task 5.2--Public Draft Consultant will make City staff recommended modifications and will produce a version of the Specific Plan, approved by City staff, for public dissemination. Product: One Camera Ready B&W copy, Unbound. 10 Black and White Copies (Deliverable No. 29) Task 5.3--Hearing Draft Consultant will make City staff recommended modifications based on public input and will produce a version of the Specific Plan, approved by City staff, for public hearings. Product: One Camera Ready Color copy, Unbound. 25 Color Copies (Deliverable No. 30) Task 5.4--Final Specific Plan Consultant will make City staff recommended modifications based on public hearing input and will produce the final version, approved by City staff, of the Specific Plan. Product: One Camera Ready Color copy, Electronic (PDF) version. Unbound. 25 Color Copies (Deliverable No. 31) Phase Six - Free Services Task 6.1--Design Review Services During the twelve-month duration of the preparation of the Specific Plan, City anticipates that there will be development proposals brought forward to the City Of Chula Vista. Consultant will prepare a proposed design review memorandum which articulates the success or failure of the Exhibit 'A' Page 24 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:2-~g .. proposed design to match what is coming out of the Specific Plan effort. Task 6.2--Qne Year Check-Up Upon request of City staff. approximately twelve months after the Specific Plan has been adopted, Consultant will meet (or teleconference if approved by City) with the City staff to discuss the Plan. Consultant will recommend any modifications that may seem necessary. Task 6.3--Bpeaker Invitations During the preparation of the Plan, opportunities for Mark Brodeur to give interviews, meet with service clubs or be available for project publicity may arise. Mr. Brodeur will provide this service at no cost to the City to the extent possible that these occurrences are reasonably scheduled concurrently with his being in Chula Vista. 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 - Digital Photographic inventory; Background Info Memorandum; interview notes; Urban Core Video. Due Date - on or before the end of week four. Deliverable No.2 - Electronic and hard copy base map at 50 scale. Due Date - on or before week six. Deliverable No.3 - Consultant will prepare and submit a written evaluation that summarizes the background information. Due Date - on or before week six. Deliverable No.4 - Electronic Base Map with Draft Boundaries. Due Date - on or before week six. Exhibit 'A' Page 25 Two Party Agreement Urban Core Specific Plan-RRM Design Group dJ-c/9 .. Deliverable No.5 - Revised Electronic Color Map Graphic. Due Date - on or before week twelve. Deliverable No.6 - Electronic Color Map Graphic. Due Date - on or before week fourteen. Deliverable No.7 - Written Evaluation Report. Due Date - on or before week twelve. Deliverable No.8 - Electronic "Kevin Lynch" type Color Map Graphic, includes one modification draft. Due Date - on or before week twelve. Deliverable No.9 - KHA will prepare a written draft traffic report. After receiving comments from City staff, KHA will prepare a final report as input to the final Specific Plan. Due Date - First Draft on or before week twelve. Revised Draft Due Date - on or before week twenty. Deliverable No.10 - ERA will prepare a draft report as input to the draft Specific Plan. After receiving comments, ERA will prepare a final report as input to the final Specific Plan. Due Date - on or before week twelve. Deliverable No.11 - Final Specific Plan Boundary Map. Due Date - on or before week fourteen. Deliverable No.12 Fully Illustrated Written Report (electronic file, PDF) 20 B&W copies. Due Date - on or before week fifteen. Deliverable No.13 - DRAFT Vision Poster and sketches/vignettes (electronic and ten 24"x36" color versions). In addition, ten 18"x24" color versions of the individual districts/focus areas will be produced. Due Date - on or before week eighteen. Deliverable No.14 - Draft Two Poster. (electronic and five 24" x36" B&W versions). In addition, five 18" x24" b&w versions of the individual districts/focus areas will be produced. Due Date - on or before week twenty. Exhibit 'A' Page 26 Two Party Agreement Urban Core Specific Plan-RRM Design Group c::J - ~-o .. Deliverable No.lS - Public Vision Poster. (10 fully colored 24"x36") Electronic version. In addition, ten 18"x24" color versions of the individual districts/focus areas will be produced. Due Date - on or before week twenty-two. Deliverable No.16 - Draft of Ten Principles for Development Guide (and back of Vision Poster) Electronic version. Includes up to three modifications. Due Date on or before week twenty-four. Deliverable No.1? - Specific Plan Land Use Regulations and Development Standards. This task includes one major revision. Due Date - on or before week twenty-four. Deliverable No.lS Artist perspective sketches or computer model drawings for prototype entry. Includes two sets of modifications. This task includes sketches of four major entries and two secondary entries. Due Date - on or before week twenty-six. Deliverable No.19 -24"x36"full color plan view of Master Streetscape Plan in each District/Focus Areas. 18" x24" full color Street Furniture Palette. Three sketch vignettes, 18"x24" , color. Electronic files included. Due Date - on or before week thirty. Deliverable No. 20 - Revisions to Deliverable Nos. 16 - 19. Due Date - on or before week thirty-two. Deliverable No.2l - Fully Illustrated Design Guidelines and Development Standards. B&W. 10 Copies. Due Date - on or before week thirty. Deliverable No.22 - Modified Design Guidelines (Deliverable No 21). Due Date - on or before week thirty-six. Deliverable No.23 - Infrastructure Analysis Brief. Due Date - on or before week twelve. Deliverable No.24 - List of Demonstration Project Ideas and a conceptual design. Due Date - on or before week thirty-two. Exhibit 'A' Page 27 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:J-S-1 .. Deliverable No.25 -Implementation Program. Due Date - on or before week thirty-six. Deliverable No.26 - Revise Deliverable Nos. 23, 24 and 25. Due Date - on or before week forty-one. Deliverable No.27 - Two posters and 10 Monthly Updates (master and electronic HTML). Due Date - First Poster due on or before week twelve and Second Poster due on or before week thirty- four. Monthly updates due third week of each month. Deliverable No.28 - Administrative Draft Specific Plan - One Camera Ready B&W copy, Unbound. 10 Black and White Copies. Due Date - on or before week thirty-four. Deliverable No.29 - Public Draft Specific Plan - One Camera Ready B&W copy, Unbound. 10 Black and White Copies. Due Date - on or before week forty. Deliverable No.3D - Hearing Draft Specific Plan - One Camera Ready Color copy, Unbound. 25 Color Copies. Due Date - on or before week forty-six. Deliverable No.31 - Final Specific Plan - One Camera Ready Color copy, Electronic (PDF) version. Unbound. 25 Color Copies. Due Date - on or before week fifty-eight. D. Date for completion of all Consultant services: Completion on or before week 5B from the effective date of this Agreement or as extended in the sole discretion of the City's Community Development Department's Planning and Housing Division Manager of all required tasks described under Section 8.A of this Agreement to the satisfaction of the City's Planning and Housing Division Manager. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. Exhibit 'A' Page 28 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-.s~ .. ( ) 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: The following materials will be delivered by City to Consultant within two weeks of the effective date of Agreement: 1) City of Chula Vista General Plan and Environmental Impact Report (1989) 2) City of Chula Vista General Plan Update - Vision and Goals Report; Baseline Studies and Infrastructure Assessment 3) Chula Vista Municipal Code - Title 19 Zoning 4) City of Chula Vista Redevelopment Plans - Town Centre 1, Towne Center II, and associated Design Manual and Implementation Procedures 5) City of Chula Vista- Town Centre I Land Use Policy (2002) 6) MTDB/City of Chula Vista Transit First Study 7) City of Chula Vista-Economic Development Strategy (2003) 8) Assessment of Economic Development Opportunities (1999) 9) City of Chula Vista Economic Development Task Force Final Report, (1996) 10) City of Chula Vista Sign Ordinance 11) Various Revitalization Programs and Studies (e.g. Draft Broadway Revitalization Strategy, H Street Beautification) 12) Selected local and regional maps 13) GIS generated maps such as 2001 Aerial, Multiple Exhibit 'A' Page 29 Two Party Agreement Urban Core Specific Plan-RRM Design Group c:J - $~ .. Ownership map, and Land to Improvement Value Map 11. Compensation: A. (X) 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 as tasks are completed at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $354,520.00, for the required tasks payable as described in EXHIBIT B. For purposes of payment, deliverables shall completely address and analyze all issues/content identified in the detailed scope-of-work (as described in Exhibit A, Section 8) to the satisfaction of the Planning and Housing Division Manager. Payment shall not be made until the City's Planning and Housing Division Manager determines that complete work products have been submitted. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or Exhibit 'A' Page 30 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ - ~-r./ .. such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 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 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. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. Exhibit 'A' Page 31 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~ -~-S- .. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) 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 herein below according to the following terms and conditions: (1) ( ) 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 including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ "Authorization Limit") , Exhibit 'A' Page 32 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-.r' .. 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. Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal Mark Brodeur $ 160 Principal T. Keith Justesen $ 140 Principal Planner Debbie Lagomarcino-Rudd $ 115 Senior Planner Jami Williams $ 90 Principal Planner Scott Bruce $ 105 Principal Planner Tony Keith $ 105 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. 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: Exhibit 'A' Page 33 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02...$'7 . .. City: Mary Ladiana, Planning and Housing Division Manager, Community Development Department, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 409-5432. Consultant: Mark Brodeur, Principal, RRM Design Group, 31831 Camino Capistrano, Suite 200, San Juan C~pistrano, CA 92675-3215, (949) 608-4010. 14. Liquidated Damages Rate: NA ( ) $- per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of. Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) 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. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the Exhibit 'A' Page 34 Two Party Agreement Urban Core Specific Plan-RRM Design Group Ol-~ . .. past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) 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: 1. Kimley-Horn Associates 517 Fourth Avenue, Suite 301 San Diego, CA 92101 2. Economic Research Associates 964 Fifth Avenue San Diego, CA 92101 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 Exhibit 'A' Page 35 Two Party Agreement Urban Core Specific Plan-RRM Design Group 02 -~-, .. ( ) Other: C. City's Account Number: To be assigned after agreement is processed. 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) 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 Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant services to the satisfaction of the City's Planning and Housing Division Manager. ( ) Other: Exhibit 'A' Page 36 Two Party Agreement Urban Core Specific Plan-RRM Design Group ~-"O - .. City of Chula Vi"a Urban Core Specific Plan RRM Design Group Fee EXHIBIT B De'Ive...1e T'" T,,'Tota', 1.1 Committee 140 1 1.2 7200 2 1.3 700 3 1.4 1920 4 1.5 000 1.6 36.. s 1.7 9" 6 1.8 800 1.9 700 7 1.1 1400 8 1.11 9 1.12 10 1.13 11 1.14 ,nd Focu, A_, 12 1.15 For The Umn eon." Ph,.. 0.. Su""" ". .. Delly....1e ...,. 2.1 Ady'.. Committee 13 2.2 Po"'" 2.3 14 2.4 2.5 15 2.6 Ph... Two """Ia De""",bI. T'" 16 3.1 The Umn eon. 17 3.2 SMARTcÅ“eA 18 3.3 En"'" 19 3.4 3.S 20 3.6 21 3.7 3.8 22 3.9 23 3.10 24 3.11 25 3.12 3.13 26 3.14 3.15 Ph,.. Th- "'.taIa '. D.lly....1e T,.. 4.1 30 4.2 4.3 4.4 4.5 27 4.6 4.7 Pha.. fog. Su""" 5 950 Dellve..bI. T... 28 S.1 nePlan 29 5.2 30 5.3 31 S.4 Ph,.. five Su""" T'" T... 4 4 6.2 6.2 6.3 6.3 ...... Six S_1a m 309 S6O Ravl.", ..... on ...., 35 000 Rav"'" ..,.. on ...., .960 .., . 354 520 0<-<0 , . ..