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HomeMy WebLinkAbout1991/06/18 Item 12 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item~ Meeting Date 6/18/91 Resolution \lc\cr3 Approving first amendment to the agreement with Wi 11 dan Associ ates for assessment engi neeri ng services rendered for the Otay Valley Road Assessment District 90-2, and authorizing the Mayor to sign said amendment Director of Publ ic work~ ryrJ City Manager f (4j5ths Vote: Yes_No--X.J ,; On May 22, 1990, by Resolution 15627, Council approved an agreement with Wi 11 dan Associ ates for consult i ng servi ces as assessment engi neer for Otay Va 11 ey Road Assessment Di stri ct 90-2 and Otay Ri 0 Busi ness Park Assessment District 89-3. This item is to consider approval of the first amendment to the contract for a proposed expanded scope of work and includes an increase in the contract amount. Adequate funds have already been appropri ated by the Redevelopment Agency for this CIP project which will also cover the proposed increase in compensation for the additional work (996-9960-STI23) ITEM TITLE: REVIEWED BY: RECOMMENDATION: It is recommended that Council approve the reso 1 ut i on and authorize the Mayor to execute said amendment. DISCUSSION: Council approved an agreement with Willdan Associates on May 22, 1990 to provide consulting services which included the following scope of work: 1. Analyze various methods of financing the improvement of Otay Valley Road Phase I (I-80S to Nirvana Avenue), the improvement of Otay Valley Road - Phase II (Nirvana Avenue to the City boundary), and the publ ic improvements associated with the Otay Rio Business Park development. This is a limited scope of work used to complete the Feasibility Financing Plan. 2. Determine what offsite street improvements, if any, the developer of the Otay Rio Business Park is required to construct to satisfy conditions associated with approval of their tentative map. 3. Perform assessment engi neeri ng servi ces associ ated wi th Otay Vall ey Road Phase I and Otay Ri 0 Busi ness Park Phases I and I I. Otay Valley Road - Phase II was not included under this section. Wi 11 dan Associ ates are the assessment engi neers for both Otay Valley Road Assessment Di stri ct and Otay Ri 0 Bus i ness Park. Task 2 of thi s contract indicated that Otay Rio would need a minimum four lanes to handle the traffic for the buil d-out of Otay Ri o. In that regard, staff needs to i ncl ude the assessment work to build Phase II shortly following Phase I but reduce the scope of improvements in Phase II to allow Baldwin (Otay Ranch) to participate later by installing their share of improvements when they develop. This alternative will provide a facil ity that will adequately serve Otay Valley I~-I Page 2, Item Meeting Date 6/18/91 Redevelopment Area and Otay Rio Business Park and will equitably spread the costs to the present and future users, and wi 11 defer Bal dwi n' s contri but i on until they need the facility. However, as work has progressed on this project, staff recogni zed the need to i ncl ude assessment engi neeri ng associated with Otay Valley Road Phase II improvements (Nirvana to east City boundary) in the scope of work. Staff recommends the addition of Otay Valley Road - Phase II items to the exi st i ng contract under the section associ ated wi th Assessment Engi neeri ng. Tasks to be added to their contract will include the following: 1. Identify and analyze Otay Valley Road - Phase II improvements to include analysis of Otay Ranch's future financial responsibilities and Otay Rio Business Park's obligations for Phase II and consider other applicable constraints. 2. Receive, review and analyze Otay Valley Road - Phase II cost estimates. 3. Modify assessment methodology to include Otay Valley Road - Phase II improvements. 4. Modify the draft Engineer's Report to include Otay Valley Road - Phase II improvements. 5. Attend meetings to discuss Otay Valley Road Phase II improvements, cost estimates, and spread methodology. By adding the analysi s of Phase II improvements to the contract, staff can better determine what ultimate financial participation is required of Otay Rio Business Park and Otay Valley Road Redevelopment Area. Otay Rio Business Park, as a condition of their tentative map, is required to improve Otay Valley Road - Phase II prior to build-out of their industrial park and therefore staff feels it is important to determine the extent of that financial responsibility now. Staff also needs to know this prior to proceeding with the assessment district for Otay Rio Business Park to ensure that the 3:1 value-to-lien ratio is met. Staff cannot determine what additional debt can be placed by the proposed Otay Rio Business Park assessment di stri ct wi thout fi rst determi ni ng the debt to be pl aced by the improvement of Otay Valley Road Phases I and I I. Staff also feels that the Redevelopment Area property owners would want to know the extent of their financial participation of both Phases I and II at the time a district is formed. Staff recommends that Phase 1 and 2 be included in one assessment district, not two separate districts as originally envisioned. By doing this, proceedings required to form the district need to be done only once which staff feels will simplify the process. It is anticipated that Phase II construction would lag behind Phase I construction by about eight months. 1;2. - A Page 3, Item Meeting Date 6/18/91 Under Assessment Enoi neeri no Wi 11 dan Associ ates' ori gi na 1 contract for Otay Valley Road - Phase I was for $34,000. Their entire contract is for $175,000, which includes compensation for work performed on one other assessment district, Otay Rio 8usiness Park. To perform the additional work to include Phase II, Wi11dan Associates requests payment of an additional $14,500 for a total of $48,500 to include Phase II in that section of the contract associated with Assessment Enoineerino for Otay Valley Road. Staff, including Community Development, recommends approval of the amendment modifying the scope of work and a corresponding adjustment in compensation. FISCAL IMPACT: An additional $14,500 will be expended from Account No. 996-9960-ST123 which is the CIP for the Otay Valley Road Widening Project. The contingency included in the CIP will cover the additional expenditure. DDS:kj/AY081 WPC 5606E '~-3//~ "'Z3 ~ . ITEM TITLE: SUBMITTED BY: REVIEWED BY: . . A ("v /,-<".I'.,~ I , . /~~/ &,1 I1Y-Otllil COUNCIL AGENDA STATEMENT - Item ~.::t... b/ c. Meeting Date 5/22/90 Resolution /5627 Approving agreements with Thomas O. Meade, Wi11dan Associates, Brown and Harpe, and Kadie-Jensen . and Johnson for Special Assessment Services associated with Otay Valley Road (I-80S to Eastern City limits) and Otay Rio Business.park public. improvements Resolution /5t::>26 Approving .a Reimbursement Agreement between the City of Chu1 a Vi s ta and the Chill i ngworth Corporation for all initial consulting and administrative costs and expenses for Otay Rio Business Park public improvements Resol uti on /5 b2. 9 Appropri ati ng Road Phase I I (Ni rvana Avenue to Feasibility/Financing Stu~~~~ Director of Public Works~ y,v (,"'j. Di rector of Communi ty Development - funds for Eastern Otay City Valley limits) City Manager (4/5ths Vote: Yes2-No_) The Redevelopment Agency and the developer of Otay Rio Business Park are attempting to finance the public improvement of Otay Valley Road from I-80S to the eastern City limits and public improvements within the business park through the assessment process. Therefore, the City needs to hire an assessment team, enter into an reimbursement agreement with Chillingworth Corporation and appropriate the funds to hire the assessment team. RECOMMENDATION: That Council approve the resolutions and authorize the Mayor to execute said agreements and authorize the appropriation of $11 ,250 from the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On May 15, 1990, the Redevelopment Agency recommended the hiring of the Special Assessment team of Thomas O. Meade, Willdan Associates, Brown and Harpe, and Kadie-Jensen and Johnson, and transferred the funds to the City to pay for the services required to set up a district to finance the publ ic improvements from I-80S to Nirvana Avenue. The developer of Otay Rio Business Park (Chillingworth Corporation) has also requested the City look into the feasibility of establishing a special district to finance the public improvements associated with this subdivision. Staff recommends that the same team be hired to perform the feasibil ity stUdy and assessment proceedings for both projects. '~-1 . .. Page 2, Item Meeting Date 5/22/90 Chillingworth is proposing to advance all funds associated with their project. Once the special assessment district is fonned and the bonds sold, the City will need to reimburse Chill ingworth for the monies advanced. (The Redevelopment Agency may also be reimbursed from the sale of bonds.) The City. therefor. needs to enter into a reimbursement agreement with the Chillingworth Corporation. Said agreement is now before Council for approval. The total cash necessary to pay for these services has been either appropri ated by the Re'deve 1 opment Agency or advanced by the Ch ill i ng~lOrth Corporation with the exception of $11,250 which is the City's portion of the cost needed to perform the feasibil ity study for' Phase II (Nirvana Avenue to the Eastern City Limits). The funds are proposed to be appropriated from the General Fund and may be reimbursed shoul d the project be incl uded in the transportation DIF program. FISCAL IMPACT: All costs associated with Otay Rio Business Park will be paid by the Chill ingworth Corporation. The Redevelopment Agency has already appropriated the funds needed for Otay Lakes Road Phase I (996-9960-ST123). However, additional funds in the amount of $11 ,250 need to be" appropriated from the unappropriated balance of the General Fund as a loan to the Otay Vall ey Project. WPC 4998E . lA-S J :J RESOLUTION NO. 15627 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV I NG AGREEMENTS 101 lTH THOMAS O. MEAOE, WI LLDAN ASSOCIATES, BROWN AND HARPE, AND KADIE-JENSEN AND JOHNSON FOR SPECIAL ASSESSMENT SERVICES ASSOCIATED WITH OTAY VALLEY ROAD (1-805 TO EASTERN CITY LIMITS) AND OTAY RIO BUSINESS PARK PUBLIC IMPROVEMENTS The City Council of the City of Chula. Vista does hereby resolve as follows: WHEREAS, the Redevelopment Agency and the developer of Otay Rio Business Park are attempting to finance the public improvement of Otay Valley Road from 1-805 to the eastern City 1 imits and publ ic improvements within the business park through the assessment process, and WHEREAS, therefore, the City needs to hire an assessment team, enter into an reimbursement agreement with Chillingworth Corporation and appropriate the funds to hire the assessment team. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve agreements with Thomas O. Meade, Willdan Associates, Brown and Harpe, and Kadie-Jensen and Johnson for Special Assessment Services associated with Otay Valley Road (1-805 to Eastern City limits) and Otay Rio Business Park pub I ic improvements, copies of which are on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and di rected to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ t;t -~ 00;: . lpplt ~ Di ector of Public Works IJ)tt,ci i~ )-;~ U. Rlchard RUdOlf) Ass i stant Ci ty Attorney / . l~-~ "..,,"~ 11".'. .j,. . . , AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this~ day of , 1990, by and between the CITY OF CHULA VISTA, a municipal corporati (hereinafter referred to as "City"), and WILLDAN ASSOCIATES (hereinafter referred to as "Engineer"). WITNESSETH: WHEREAS: City is desirous of considering various methods of financing, and the feasibility thereof. for the improvement of Otay Valley Road - Phase I (I-80S to Nirvana Ave.), Otay Valley Road - Phase II O"hrvana Avenue to future intersection of Paseo Ranchero), and the public improvements associated with the Otay Rio Business Park development, including but not limited to the Municipal Improvement Act of 1913, the Melio-Roos Community Facilities Act of 1982, Development Impact Fees, or developer exactions, and WHEREAS, City is desirous of implementing the financing of the improvement of Otay Valley Road - Phase I, Otay Valley Road - Phase II and the public improve- ments associated with the Otay Rio Business Park, and WHEREAS, City is desirous of determinjng what off-site street improvements, if any, the developer of the Otay Rio Business Park may be required to construct in order to satisfy conditions contained in City Resolution No. 15310, and WHEREAS, City is desirous of retaining Engineer for the preparation of an overall feasibility and financlJ1g plan. as well as to perform the assessment engineering functions in the Otay Rio BuslJ1ess Park Phase I (AD 89-3A) and Phase II (AD89-3B) with financing proceedings to be conducted pursuant to one or more of the provisions provided for such financing by the Streets and Highways Code of the State of Califorrua, and WHEREAS, Engineer is experienced and familiar with all aspects of infrastruc- ture feasibility analysis and assessment engineering, and is trained and staffed for municipal consulting, and is wIlling and capable of performing functions.related to said Assessment Districts that are not ~rformed by City. NOW, THEREFORE. IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: 1 (/01'0-10 36231.CON :js (( ItJ~/'7 }'--7 ., . . SCOPE OF SERVICES SECTION 1 Under tbe direction of the City Manager or his designated representative, Engineer shall perform the following services: A. FINANCING AND FEASIBILITY PLANS 1. Otay Valley Road - Phase I (1-805 to Nirvana Avenue) a. Collect available land use information, tentative maps, conditions of approval, public improvement plans and estimates, and existing improvement data. b. Collect relevant Redevelopment District data. c. In conjunction with the design engineer, analyze cost estimates for each proposed facility, as well as estimates for financing costs. d. In conjunction with the financial consultant and City staff, analyze potential participation methods by the City and Redevelopment Agency in the cost of the proposed improvements. e. Explore the viability of including some or all of the improvements in the Eastern Territories Transportation Development Impact Fee. f. Prepare a map for each proposed facility or type of facility which shows its utilization or benefit areas. g. Develop a preliminary spread methodology or allocation of remaining costs to each property on the basis of benefit received by that property for the proposed improvements. h. Provide a preliJ;l1inary assessment for each parcel or similar group of parcels. i. Provide above information to financial consultant for the purpose of preparing a preliminary value 10 lien analysis. 2 36231.CON :js I:J - i' I \ " ,"" j. Prepare a feasibility and financing plan which incorporates the above information in a recommended procedure to finance the proposed improvements in a fair and equitable manner. k. Meet with property owners and City staff throughout the prepara- tion of the plan. 2. Otay Valley Road. Phase II (Nirvana Avenue to future Paseo Ranchero) a. Collect available land use information, tentative maps, conditions of approval, public improvement plans and cost estimates, and existing improvements data. b. Estimate vehicle trip capacity of existing improvements. Evaluate trip capacity estImates of eXisting two lane section and recommend engineering changes to II1crease the capacity, if required. c. In concert with the Otay Rio Business Park developer and City staff, determine what improvements, if any, would be required to meet acceptance standards such as those contained in the Highway Capacity Manual and ASHTO Guide. d. Explore the viability of including some or all of the ultimate improvements in the Eastern Territories Transportation Develop- ment Impact Fee. e. Prepare a feasibility and financing plan which incorporates the above information in a recommended procedure to finance the proposed improvements in a fair and equitable manner. f. Meet with property owners. county personnel, and City staff throughout the preparation of the plan. 3. Otay Rio Business Park (Phases I and II) . a. Collect available land use information, tentative maps, conditions of approval, various public facilities studies, preliminary or final engineering plans, and cost estimates for the subject property, as well as similar available information for surrounding properties that may be affected or included. 3 36231.CON:js I~-q b. Provide a description of each improvement to be included in the financing plan. Descriptions are to be based on final or prelimi- nary engineering plans provided by the developer and shall be of sufficient detail to allow preliminary cost estimates to be per- formed. c. In conjunction with developer's design engineer, analyze cost estimates for each proposed facility, as well as estimates for iinancing costs. d. Prepare a map for each proposed facility or type of facility which shows its utilization or benefit areas. e. Develop a preliminary spread methodology or allocation of costs to each property on the basis of benefit received by that property for the proposed improvements, including those improvements in Al and A2 above which have been determined to benefit or be the responsibility of the Otay Rio Business Park. f. Provide a preliminary assessment for each parcel or similar group of anticipated future parcels. g. Provide above information to financial consultant for the purpose of preparing a preliminary value to lien analysis. h. Prepare a feasibility and financing plan which incorporates the above information in a manner which will enable the property owner, as well as the City to assess the feasibility of utilizing public financing. 1. Meet with the property owners, their engineers, other consultants, and the City, staff throughout the preparation of the preliminary report and present the completed report to the developers and City staff for review. B. ASSESSMENT ENGINEERING 1. Otay Valley Road - Phase I (construction by City of Chula Vista) 4 36231.CON:js 1~-lb .. .' a. In consultation with City staff, property owners, and other consultants, using the feasibility report as a guide, prepare a boundary map for the proposed assessment district; b. In consultation with City staff owners, and other consultants, using the feasibility report as a guide, determine the improvements to be financed by the assessment process; c. ,Provide legal descriptions for each parcel within the boundaries of the proposed Assessment District consistent with the Assessment District Acts to be used; d. Obtain the proper addresses of owners and prepare mailing list for required mailings. The mailing list shall be alphabetical and cross- indexed to assessor's parcel numbers which shall list parcels sequentially; e. Verify the quantities and cost estimate provided by the design engineer for the facilities to be constructed with the funds received through the assessment process; f. Finalize the assessment methodology to be used in accordance wIth the applicable provisions of state law; g. Apportion the costs of the facilities in the form of special assess- ments to be levied upon the parcels of land within the District using the assessment methodology determined above; h. Meet and consult with the property owners, as necessary, during the assessment spread process to ensure that those persons have a clear understanding of the method of assessment spread prior to public hearings; i. Prepare a preliminary engineer's report to include assessments upon and against the parcels in the District for the total amount of estimated costs and expenses of such work in proportion to the estimated benefits to be received for each of the parcels within the District; J. Prepare the assessment diagrams, assessment roll warrants, and notices for mailing; k. Prepare the notices of public hearing; 5 36231.CON :js I~ -It 1. Contract for printing of the improvement notices and posting of the improvement notices throughout the District as required by law; m. Answer property owners questions before, during and after the public hearing; n. Attend all public hearings required by law for establishment of the assessment district; o. Upon completion of the pubItc hearings on the assessment spread make such revisions to the spread as are ordered by the City Council; p. Based on construction bids received, the City Council direction, prepare and publish a final engineer's report of the assessments and assist in filing and recording of the engineer's report as required by the Assessment District Proceedings Law; q. Upon confirmation of assessments, prepare and mail notice of assessments as required to all assessed property owners. 2. Otay Rio Business Park Phases I and II It is anticipated that Phases 1 and 2 will be processed separately and at separate times as Assessment District 89-3A (Phase 1) and Assessment District 89-3B (Phase 2). If and when an assessment district proceeding is necessary for this project, the scope of work for Phase II would be the same as Phase I. a. In consultation with City staff, property owners, and other consultants,. using the feasibility report as a guide, prepare a boundary map for the proposed assessment district; b. In consultation with City staff, property owners, and other consultants, using the feasibility report as a guide, determine the improvements to be financed by the assessment process; c. Provide legal descriptions for each parcel within the boundaries of the proposed Assessment District consistent with the Assessment District Acts to be used; 6 ,~ -I~ 36231.CON:js . . d. Obtain the proper addresses of owners and prepare mailing list for required mailings. The mailing list shall be alphabetical and cross- indexed to assessor's parcel numbers which shall list parcels sequentially; e. Verify the quantities and cost estimate provided by the developer for the facilities to be constructed with the funds received through the assessment process; f. Determine the assessment methodology to be used in accordance with the applicable provisions of State law; g. Apportion the costs of the facilities in the form of special assess- ments to be levied upon the parcels of land within the District using the assessment methodology determined above; h. Meet and consult with the property owners, as necessary, during the assessment spread process to ensure that those persons have a clear understanding of the method of assessment spread prior to pu blic hearings; i. Prepare a preliminary engineer's report to include assessments upon and against the parcels in the District for the total amount of estimated costs and expenses of such work in proportion to the estimated benefits to be received for each of the parcels within the District; J. Prepare the assessment diagrams, assessment roll warrants, and notices for mailing; k. Prepare the notices of public hearing; I. Contract for printing of the improvement notices and posting of the Improvement notices throughout the District as required by law; . m. Answer property owners questions before, during and after the public assessment district; n. Attend all public hearings required by law for establishment of the assessment district; 7 36231.CON :js 1~ - /3 o. Upon completion of the public hearings on the assessment spread make such revisions to the spread as are ordered by the City Council; p. Based on construction bids received, the City Council direction, prepare and publish a final engineer's report of the assessments and assist in filing and recording of the engineer's report as required by the Assessment District Proceedings Law; q. 'Upon confirmation of assessments, prepare and mail notice of assessments as required to an assessed property owners. 3. Otay Rio Business Park Acquisition Services It is probable that the procedure used to construct the proposed improvements would also result in an acquisition type district. If so, the improvements would be constructed using private funding and acquired by the City using the 1913 Act proceedings and 1915 Act bonds. Following is a Scope of Work for the engineering items necessary in such proceedings. a. Prepare a list of quantities and unit prices based on bids received by the private party for the works of improvement. . b. Review all agreements between the City and the property owners including the acquisition agreement. c. Verify the final improvement quantities and associated costs, including incidental expenses, which will be the subject of acquisi- tion and provide a certification to the City. SCHEDULE OF WORK SECTION 2 The amount of time to complete the actions and tasks is estimated to be about two years. The general services provided under this Agreement shall be continuing until completion of the project or termination of this Agreement. The following is a schedule of work to be completed. 8 36231.CON:js l;;l-/~ 1. Section 1-A-I, Otay Valley Road - Phase I, Financing/Feasibility Plan. Commence April, 1990 - complete June, 1990. 2. Section 1-A-2, Otay Valley Road - Phase II, Financing/Feasibility Plan. Commence April, 1990 - complete June, 1990. 3. Section 1-A-3, Otay Rio Business Park, Financing/Feasibility Plan. Commence April, 1990 - complete June, 1990. 4. Section 1-B-1, Otay Valley Road - Phase I assessment district proceed- ings. Commence July 1990, - complete February, 1991. 5. Section 1-B-2, Otay Rio Business Park - Phase I assessment district proceedings. Commence July, 1990 - complete February, 1991. 6. Section 1-B-2, Otay Rio Business Park - Phase II assessment district proceedings. Commence December. 1990 - complete March, 1992. FEE FOR SERVICES SECI10N 3 Engineer shall perform the assessment engineering and related services as set forth in Section 1 as follows: A. For services performed under Section 1-A-1, the lump sum fee of $24,000, payable in monthly progress payments based on percentage of the work completed. B. For services performed under Section 1-A-2, the lump sum fee of $18,000, payable in monthly progress payments based on percentage of the work completed. C. For services performed under Section 1-A-3, covering both Phases 1 and 2, the lump sum fee of $18.000, payable in monthly progress payments based on percentage of the work completed. D. For services performed under Section 1-B-1 for Phase 1 only, the lump sum fee of $34,000, payable in monthly progress payments based on percentage of the work completed. 9 36231.CON:js 1;2 -/~ . , fff'.'" . E. For services performed under Section ]-B-2 for Phase 1 only, the lump sum fee of $34,000, payable in monthly progress payments based on percentage of the work completed. This fee shall be increased 5 percent on each July 1st unless the subject work has commenced, In which case the fee shall be the fee established on the previous July ]st or, if sooner, the original fee. The fee, through 1993, shall not exceed $40,800. F. For services performed under Section ]-B-2 for Phase 2 only, the lump sum fee of $34,000, payable in month Iv progress payments based on percentage of the work completed. This fee shall be increased 5 percent on each July 1st unless the subject work has commenced, in which case the fee shall be the fee established on the previous July ]st or, if sooner, the original fee. The fee, through 1993, shall not exceed $40,800. G. For services performed under Section ]-8-3 for Phase 1 and 2, the lump sum fee of $5,000 per phase payable at the completion of the project from the bond sale proceeds. This fee shall be increased 5 percent on each July 1st unless the subject work has commenced, in which case the fee shall be the fee established on the previous July ]st or, if sooner, the original fee. The fee through 1993 shall not exceed $6,000. The cost of printing, reproduction, posting, publication, noticing, advertising, mailing and postage, where provided by Engineer, shall be reimbursed to Engineer at his direct cost, said amounts not to exceed $3,000, based on current hourly rates (see Exhibit A for hourly rates). This fee shall be increased 5 percent on each July 1st unless the subject work has commenced, in which case the fee shall be the fee established on the previous July 1st or, if sooner, the original fee. The fee through 1993 shall not exceed $3,600. The total fees for services performed pursuant to this agreement, including reimburs- able expenses, shall not e.xceed $175.000. Payment for fees beyond the current fiscal year are contingent upon appropnatJon by the City Council for that fiscal year. SERVICES BY CITY SECTION 4 City agrees to furnish to Engineer, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Engineer in the performance of these services. 10 36231.CON:js I~ - I'" . . CONFLICT OF INTEREST SECTION 5 Engineer presently has and shall acquire no interest whatsoever in the subject matter of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict No person having any such conflict of interest shall be employed or retained by Engineer under this Agreement. TERMINATION OF AGREEMENT FOR CAUSE SECTION 6 If, through any cause, Engineer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Engineer shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving Written notice to Engineer 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 Engineer shall, at the option of City, become the property of City and Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Section 3, hereinabove. The use by City of any unfinished documents, data, studies, surveys, drawings, maps, reports or other materials shall be at City's sole risk and City shall hold harmless and indemnify Engineer from any suit, loss, cost of defense, or liability resulting therefrom, TERMINATION FOR CONVENIENCE OF CITY SECTION 7 City may terminate the Agreement at any time and for any reason by giving written notice to Engineer of such termination and specifying the effective date thereof, at least thirty (30) days before the effel.tlve date of such termination. In that event, all finished and unfinished documents and other materials described in Section 6, hereinabove, shall, at the option of the City, become City's sole and exclusive property. 11 36231.CON:js '" - f7 . . . . If the Agreement is terminated by the City as provided in this paragraph, Engineer 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. Engineer hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 3, hereinabove, in the event of such termination. The use by City of any unfinished documents, data, studies, surveys, drawings, maps, reports or other materials shall be at City's sole risk and City shall hold harmless and indemnify Engineer from any suit, loss, cost of defense, or liability resulting therefrom. ASSIGNABILITY SECTION 8 Engineer 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; provided, however, that claims for money due or to become due to Engineer from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE OF MATERIAL SECTION 9 All reports, studies, information, data, stallsllcs, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement (collectively "instruments of service") shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by Engineer in the United States or in any country without the express written consent of the City. City shall have unrestricted authoritv to publish, disclose (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. Any reuse of any such instruments of service on any other project without the prior written consent of Engineer shall be at City's sole risk and City shall hold harmless and indemnify Engineer from any suit, loss, cost of defense, or liability resulting therefrom. 12 36231.CON:js I~ - r1' INDEPENDENT CONTRACTOR SECTION 10 City is interested only in the results obtained, and Engineer shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Engineer's final work product as each phase of this Agreement is completed. Engineer and any 9f Engineer'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, hut not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES SECTION 11 City may, from time to time, require changes in the scope of services by Engineer to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Engineer's compensation, which are mutually agreed upon by City and Engineer, shall be effective only when executed in writing by both parties as amendments to this agreement. INSURANCE SECTION 12 Engineer shall maintain, during the term of this Agreement, the following insurance with companies and on terms satisfactory to City. A. Worker's Compensation and Employer's Liability Insurance as prescribed by applicable law. . B. Comprehensive General Liability Insurance (bodily injury and property damage) in the amount of $1,000,000 occurrence and annual aggregate. C. Automobile hodily Injury and property damage liability insurance, the limits of which shall not be less than $1 ,(JOO,OOO per occurrence. D. City shall be named as an additional insured on each of the above policies. 13 36231. CO N :js ,,- J9 . . .' . . E. Design professional liability insurance covering negligent act, errors, or omissions of Engineer, the limits of which shall not be less than One Million Dollars ($1,000,000) combined single limit per occurrence and aggregate. F. Before commencing work hereunder, Engineer shall provide City with certificates or other documentary evidence of the above insurance. INDEMNIFICATION SECTION 13 Engineer agrees to save, keep, and hold harmless the City of Chula Vista from all damages, costs. or expenses in law and equity including costs of suit and expenses for legal services that may at any time arise or be set up because of damage to property or injury to persons receIved or suffered by reason of the operation of Engineer which may be occasioned by any negligent error, act or omission or intentional tortious conduct by Engineer, his agents, subcontractors, employees, or servants in connection with his services under this agreement. No suit 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 of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth herein. . 14 36231.CON:js I' - !}.c) ,/ IN WITNESS WHEREOF, City and Engineer have executed this Agreement on this _ day of , 1990, THE CITY OF CHUlA VISTA ~l~ Mayor of e 'ty of Chula Vista ATTEST Approved as to form by: \'ivC'l ( Ul, /\ /f4)f- City Attorney . I) - ~ ( WILLDAN ASSOCIATES 15 3623 LCON:js RESOLUTION NO. It! l('3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT WITH WILLDAN ASSOCIATES FOR ASSESSMENT ENGINEERING SERVICES RENDERED FOR THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2, AND AUTHORIZING THE MAYOR TO SIGN SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: approved services District 89-3; and WHEREAS, on May 22,1990, by Resolution 15627, council an agreement with willdan Associates for consulting as assessment engineer for otay Valley Road Assessment 90-2 and otay Rio Business Park Assessment District WHEREAS, staff recommends approval of the first amendment to the contract for a proposed expanded scope of work and includes an increase in the contract amount; and WHEREAS, adequate funds have already been appropr ia ted by the Redevelopment Agency for this CIP project which will also cover the proposed increase in compensation for the additional work (996-9960-ST123) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the Agreement with willdan Associates for Assessment Engineering Services rendered for the otay Valley Road Assessment District 90-2, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor Chula Vista is hereby authorized and directed Amendment for and on behalf of the City of Chula of the Ci ty of to execute said vista. John P. Lippitt, Director of Public works 8937a Presented by JA-:J.lf FIRST AMENDMENT TO AGREEMENT OTAY VALLEY ROAD This First Amendment to Agreement is entered into this _ day of June, 1991, by and between the City of Chula Vista (hereinafter referred to as "CITY"), and Willdan Associates (hereinafter referred to as "ENGINEER"). WITNESSETH WHEREAS, on May 22, 1990, pursuant to Resolution No. 15627, CITY and ENGINEER entered into an Agreement for consulting services involving the improvement of Otay Valley Road and the public improvements associated with the Otay Rio Business Park; and WHEREAS, CITY has requested ENGINEER to perform additional tasks and gather additional information relative to completion of the Scope of Services and such additions will require an amendment to the Scope of Services; and WHEREAS, CITY is desirous of having ENGINEER complete the additional tasks within the Scope of Services of this amended Agreement which are necessary to accomplish the Otay Valley Road Assessment District. Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto that the original Agreement is hereby amended as follows: SCOPE OF SERVICES SECTION 1 Section 1 of the original Agreement is amended to increase ENGINEER'S responsibili- ties by adding Otay Valley Road Phase II to the work being undertaken. Subsection B. Assessment Engineering: Subdivision 1 is amended to read: "1. Otay Valley Road - Phases I and II". SF2\Conrract\36231. Con \5-30-91 " - ~6 FEE FOR SERVICES SECfION 2 Section 2 Schedule of Work is amended to add estimated time for completion of assessment district proceedings regarding Otay Valley Road Phase II. Subdivision 4 is amended to read: "4. Section 1-B-1, Otay Valley Road - Phases I and II assessment district proceedings. Commence July 1990 - complete December 1991". SECfION 3 Section 3 of the original agreement is amended to add a lump sum fee of $14,500 for the addition of Phase II as identified in Subsection B.1. Section 3D of the original agreement is amended to read: "For services performed under Section 1-B-1 for Phases I and II, the lump sum fee of $48,500, payable in monthly progress payments based on percentage of the work completed." SECfION 4 All other provisions of the original Agreement dated May 22, 1990, shall remain in full force and effect except the additions or deletions set forth above. IN WITNESS WHEREOF, CITY and ENGINEER have executed this Agreement on this day of June, 1991. CITY OF CHULA VISTA WILLDAN AsSOCIATES Mayor d~," om >> SF2IConrract\36231. Con \5-30-91 1:z-:tG.