Loading...
HomeMy WebLinkAbout1992/01/07 Item 7 COUNCIL AGENDA STATEMENT Item -&-7 Meeting Date 01/07/'12 ITEM 'ITTIE: Resolution 1"'IS~greement Between the City of Chula Vista, JRK & Associates and Baldwin Vista, Ltd VIA: General Manager, Otay Ranch Project;!/ SUBMrlTED BY: Deputy City Manager Krempl ~ J?' REVIEWED BY: City Manager.J{¡ ,. f@rl (4/5th Vote: Yes_No X) The City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch Project. JRK & Associates has continued to provide transportation consulting services on the project. JRK also has extensive experience on projects in the City and subregion and was originally selected to provide technical input when this project first commenced in August, 1989. RECOMMENDATION Approve Addendum #6 with JRK & Associates including the attached scope-of-work and authorize the Mayor to sign the attached Agreement. BOARDS\COMMISSION RECOMMENDATION Not applicable. BACKGROUND AND DISCUSSION Contracts for consulting on the Otay Ranch Project are processed through the City of Chula Vista. Attached is the Addendum #6 scope-of-work for JRK & Associates. This has been agreed to by the consultants, applicant, the City of Chula Vista and staff of the County of San Diego. The original scope-of-work and first four addendums were provided as a subcontract to RBF & Associates, the planning consultant on the project. In May of 1991, the City Council approved the fifth addendum as an agreement solely with JRK & Associates. This agreement represents the sixth addendum and is programmed to complete work through June, 1992. '/-/ Page 2, Item 'ft... 7 Meeting Date 01107 1m. The sixth addendum scope-of-work includes the following: Task 1 - Continued Coordination of the Transportation Subcommittee JRK & Associates will continue to coordinate the activities of the Transportation Subcommittee. It is envisioned that meetings will be held on a monthly or biweekly basis for the duration of the project. All future planning issues will be presented to the Subcommittee for review and input prior to the development of Technical Reports. Task 2 - Assist the Transportation Subcommittee in the Review of the Draft Screencheck Environmental Impact Report (EIR) for Technical Acceptability All transportation-related topics in the Draft Screencheck EIR will be addressed by JHK as directed by the Otay Ranch General Manager. All technical analyses and Subcommittee input will be documented for inclusion in Draft EIR by JHK Task 3 - Assist the Transportation Subcommittee in the Development and Review of the Preferred Alternative JRK & Associates will assist the Project Team in the development of the Final Circulation Plan preferred alternative for the Otay Ranch General Development Plan (GDP). All modelling work will be coordinated by JRK and the output from the SANDAG Model will be reviewed by JRK and the Subcommittee. Task 4 - Assist the Transportation Subcommittee in the Development and Review of Necessary Components of the Gerbral Development Plan Technical assistance will be provided by JRK in the formulation of development requirements/restrictions. Our experience and background in applying the current Threshold Standards in the completion of the Years 1989 and 1990 Traffic Monitoring Programs for the City of Chula Vista will be valuable assistance to the Project Team. Finally, JRK will provide input to the GDP in creating appropriate Growth Management Policies for the Otay Ranch Development Project. 7-,2 Page 3, Item "?;--ï Meeting Date 01107/92 Task 5 - atizenjTechnica1 Committee Input JRK & Associates will represent the Transportation Subcommittee at other atizen/Technical Committee meetings to relay critical findings and provide accurate direction on topics related to or topics that impact the Proposed Circulation Plan. This input will aid the decision making process and provide important information to all participants of the planning process. Topics to be addressed include: · Infrastructure · Land Use · Transportation/Transit Relationships · Transit/Land Use Relationships · SR-125 Toll Road Impacts Task 6 - Attend Project Coordination Meetings The budget estimate for this phase of the Otay Ranch Planning Effort includes staff hours to allow JRK representation at project coordination meetings to be held periodically over the six-month project schedule. These coordination meetings will be held with representatives of the Project Team, City/County staff and Technical Subcommittees. The additional compensation to be paid to JRK & Associates for this work is $39,200.00. Exhibit "A" provides a cumulative analysis of the total contract, including previous amendments. While the dollar amount of this amendment is greater than Amendment #5, it reflects an increase in the scope of services and work required rather than any change in the consultant rates. FISCAL IMPACf: There will be no fiscal impact to the City of Chula Vista because Baldwin Vista, Ltd will be funding the above-stated scope-of-work. Attachment SR:\JHKA1l3 7-.3/ 7-~ RESOLUTION NO. I~ '1.5.5' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT (ADDENDUM #6) WITH JHK & ASSOCIATES, INC. FOR TRANSPORTATION PLANNING ON THE OTAY RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the city of Chula vista is the agency designated to approve consulting contracts for the Otay Ranch Project; and WHEREAS, JHK & Associates has continued to provide transportation consulting services on the Project and the Addendum #6 provides a revised scope-of-work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve Agreement (Addendum#6) with JHK & Associates, Inc. for Transportation Planning on the Otay Ranch, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Addendum #6 for and on behalf of the City of Chula vista. Presented by Approved as to form by George Krempl, Deputy city Manager C:\RS\JHK Addendum 6 Otay Ranch 7,5"/7-6 __._______0. -~------.._. AGREEMENT (ADDENDUM #6) WITH JHK & ASSOCIATES, INC. FOR TRANSPORTATION PLANNING ON THE OTAY RANCH This Agreement is made this _ day of , 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and JRK & Associates, Inc., a professional California development consulting firm ("Consultant") and Baldwin Vista, Ltd. ("Applicant"), and is made with reference to the following facts: REÇITALS Whereas, the City of Chula Vista is interested in traffic consultant services to assist in the planning of the Otay Ranch; and, Whereas, JHK & Associates, Inc. has extensive experience with large master-planned communities, the City of Chula Vista and the Otay Ranch; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City in accordance with the terms and conditions of this Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties a. General DutiesjScope-of-Work Consultant shall provide transportation technical assistance and coordination as described in attached Exhibit "A". b. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall be performed 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. - 1 - 7-7 ------ c. Insurance Consultant represents that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City prior to beginning work: Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage. General and Automobile Liability coverage to $1,000,000 combined single limit which names City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). Errors and Omissions insurance to $250,000, unless Errors and Omissions coverage is included in the General Liability policy. All policies shall be issued by a carrier that has a Best's Rating of "A, Class V', or better, or shall meet with the approval of the City's Risk Manager. All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the City. 2. Duties of the City a. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the economic analysis and to provide direction and guidance to accomplish the analysis. b. Compensation The compensation to be paid by City to Consultant for all of the work required herein shall be a fee of $39,200.00 ("Fee") payable in progress payments in an amount that the City Manager, or his designee, shall determine corresponds to the value provided to the City to the date of billing. Consultant agrees to perform all of the services, provide the analysis and deliver the Work Product herein required, and in the manner of the detailed Scope-of-Work set forth on the attached Exhibit "A". - 2 - 7·~ ,....--------....- - c. Reductions in Scope-of-Work City may from time to time reduce the Scope of Work by the Consultant to be performed under this Agreement. City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the Fee associated with said reduction. d. Additional Scope-of- W ork In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope-of-Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a time and materials basis at the rates set forth on Exhibit "A". All compensation for Additional Services shall be paid monthly as billed. 3. Administration of Contract The City hereby designates the General Manager of the Otay Ranch, or his written designee, as its representative for the review and administration of the work performed by Consultant herein required. 4. Term Consultant shall perform all of the Defined Services herein required of it by not later than June 30, 1992, and shall abide by and comply with any interim time frames and milestone dates that are or may be set forth in Exhibit "A". 5. Financial Interests of Consultant Consultant warrants and represents that neither he, nor his immediate family members, nor his employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest") except as listed on an attachment. 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. 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 neither Consultant nor his immediate family members, nor his employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. - 3 - ?-'7 n___··..__._____ ---------------- 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. 6. Hold Harmless Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except omy for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, it officers agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 7. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her 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. 8. Errors and Omissions In the event that the Deputy City Manager determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. - 4 - ?-/() 9. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason for 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. 10. 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 which City may unreasonable deny. II. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose 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. 12. 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, workers compensation benefits, injury leave or other leave benefits. - 5 - ?·/I 13. Responsible Charge Consultant hereby designates that Daniel Marum shall be Consultant's representative ("Project Manager") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. 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 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, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope-of-work required of Consultant, Consultant shall include, or cause the inclusion, 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. - 6 - ?~/,,2 SIGNATURE PAGE TO AGREEMENT (ADDENDUM #6) WITH JHK & ASSOCIATES, INC. TRANSPORTATION PLANNING ASSISTANCE ON OTAY RANCH IN WITNESS WHEREOF, City and Consultant have executed this Agreement this day of ,1992. CITY OF CHULA VISTA JHK & ASSOCIATES, INC. BY: BY: Tim Nader, Mayor William R. Reilley City of Chula Vista Senior Vice President ATIEST: BALDWIN VISTA, Ltd. BY: BY: Beverly Authelet Gregory T. Smith City Clerk President APPROVED AS TO FORM: BY: Bruce M. Boogaard City Attorney Attachment SR:\JHKCON ;7_~ / ?-I'f --------....--.- EXHIBIT "A" ·hk & associates J December 5, 1991 Mr. Anthony J. Lettieri Otay Ranch General Manager 315 Fourth Avenue, Suite A Chula Vista, California 91010 Re: Otay Ranch Transportation Review Project - JHK & Associates Progress Report and Proposed Technical Assistance Work Program! Addendum No.6 (JHK 8246) Dear Mr. Lettieri: As requested, JHK & Associates (JHK) has prepared a progress summary report and a letter style proposal to detail the scope of work necessary to provide continuing traffic engineering assistance to the Otay Ranch Project Team. JHK & Associates has been working continuously on the Otay Ranch Transportation Review Project since September 1989. JHK & Associates has completed a majority of the work (approzimately 98%) under the work program for Addendum Number 5. It is anticipated that the remainder of the budget will be expended during the final month of the contract, December 1991. Additionally, due to the anticipated demand of time for reviewing the Draft Screencheck EIR with the Transportation Subcommittee additional budget has be allocated to the proposed work plan for Addendum Number 6. This project update letter is divided into a Progress Summary Report Section and a Proposed Scope of Work Section for Addendum Number 6. PROGRESS SUMMARY REPORT· ADDENDUM NUMBER 5 The current change order Contract Addendum (Addendum No.5) has been effective since April 2, 1991. This change order was to provide additional traffic engineering assistance to the Otay Ranch Project team focusing on specific areas of the Otay Ranch Master Plan effort which are related to the proposed circulation plan and transit element. The following table (Table 1) summarizes the progress achieved as of December 1, 1991, on this current phase of project effort. -' 7 -I.> 8989 Rio San Diego Drive. Suite 335 San Diego, California 92108 . (619) 295-2248 . FAX (619) 295-2393 _. m _~., . .". .,.._.._ ........___.__....__._______.__ ____ :-jhk & associates Mr. Anthony J. Lettieri December 5, 1991 Page 2 Table 1 OTAY RANCH TRANSPORTATION REVIEW PROJECT - ADDENDUM NO.5 PROGRESS SUMMARY REPORT SEPTEMBER 1, 1991 THRU DECEMBER 1, 1991 JHK & ASSOCIATES - DECEMBER 5, 1991 Percent Complete Percent Cost Project This Complete This Cost To Task Description Bud¡:et Period To Date Period Date 1 Continued Coordination of the Transportation Subcommittee $8,400 50% 100% 4,200 $8,400 2 Transportation Topics of the Proposed Work Plan 2.1 General Plan Amendment! Community Specific Plan/GPO $5,600 50% 100% 2.800 5,600 2.2 Citizen/Technical Committee Input $3,500 30% 80% 1,050 2,800 3 Assisting Project Team in Developing Issue Papers $8,400 50% 100% 4,200 8,400 4 Attend Project Meetings $3,780 50% 100% 1,890 3,780 Total Project - Change Order No. 5 $29,680 48% 98% $14,140 $28,980 As shown on Table 1 approximately 98 percent of the available budget for Addendum Number 5 has been expended. As a result of this budget status, IHK has developed the following section to describe the Proposed Work Plan to continue to provide technical assistance in reviewing transportation issues related to the Gtay Ranch Project. '}-//' ---_._..~^~_._--~-~._..._-_......_-"..- -- .. _jhk & associates Mr. Anthony J. Lettieri December 5, 1991 Page 3 PROPOSED SCOPE OF WORK ADDENDUM NUMBER 6 It is anticipated that JHK's assistance will focus on specific areas of the Otay Ranch Master Plan effort which are related to the proposed circulation plan and transit element. During our involvement in this phase of the Otay Ranch Planning Project, JHK will address the following issues: , JHK & Associates will continue our role as the coordinator of the Transportation Subcommittee to review new land use and circulation alternatives for the Otay Ranch. Our involvement on this subcommittee will also enable the Project Team to receive direct input from the jurisdictions and agencies represented to the subcommittee. , JHK & Associates will direct the review of the Draft Screencheck EIR in an attempt to develop acceptable text for the Draft EIR. , JHK & Associates will also assist the Project Team in the production of Issue Papers and Special Study Reports as requested by the Otay Ranch General Manager. , JHK & Associates will direct the development and review of the Phase II Progress Plan and will provide modelling input and direction to SANDAG Staff. The goal of this process will be to develop an acceptable plan which will receive the support of the applicant and staff as the Preferred Alternative. It is our understanding that JHK's involvement on this phase of the project (Addendum No.6) will occur over a six month period from January 1, 1991 to June 30, 1992. The following task descriptions document the anticipated services to be provided by JHK. Project Team Technical Assistance Work Plan (Addendum No.6) Task I - Continued Coordination of the Transportation Subcommittee JHK & Associates will continue to coordinate the activities of the Transportation Subcommittee. It is envisioned that meetings will be held on a monthly or biweekly basis for the duration of the project. All future planning issues will be presented to the Subcommittee for review and input prior to the development of Technical Reports. Task 2 - Assist the TransDortation Subcommittee in the Review of the Draft Screen check EIR for Technical AcceDtabilitv All transportation related topics in the Draft Screencheck EIR will be addressed by JHK as directed by the Otay Ranch General Manager. All technical analyses and Subcommittee input will be documented for inclusion in Draft EIR by JHK. 7-/ '1 _m"_ "--,,--.- - - - --.-.-.-.---.-....-- --- --.--" _jhk & associaces Mr. Anthony J. Lettieri December 5, 1991 Page 4 Task 3 . Assist the Transportation Subcommittee in the DeveloDment and Review of the Preferred Alternative JHK & Associates will assist the Project Team in the development of the Final Circulation Plan preferred alternative for the ütay Ranch GDP. All modelling work will be coordinated by JHK and the output from the SANDAG Model will be reviewed by JHK and the Subcommittee. Task 4 . Assist the TransDortation Subcommittee in the DeveloDment and Review of necessarv comDonents of the Gerbral DeveloDment flail Technical assistance will be provided by JHK in the formulation of development req uiremen ts/restrictions. Our experience and background in applying the current Threshold Standards in the completion of the Years J989 and 1990 Traffic Monitoring Programs for the City of Chula Vista will be valuable assistance to the Project Team. Finally, JHK will provide input to the GDP in creating appropriate Growth Management Policies for the Otay Ranch Development Project. Task 5 . Citizen/Technical Committee InDut JHK & Associates will represent the Transportation Subcommittee at other Citizen/Technical Committee meetings to relay critical findings and provide accurate direction on topics related to or topics that impact the Proposed Circulation Plan. This input will aid the decision making process and provide important information to all participants of the planning process. Topics to be addressed include; . Infrastrncutre , Land Use , Transportation/Transit Relationships , Transit/Land Use Relationships , SR 125 Toll Road Impacts Task 6 . Attend Proiect Coordination Meetine-s The budget estimate for this phase of the Otay Ranch Planning Effort includes staff hours to allow JHK representation at Project Coordination Meetings to be held peridicall y over the six month project schedule. These coordination meetings will be held with representatives of the Project Team, City/County staff, and Technical Subcommittees. 7-18" _jhk & associates Mr. Anthony J. Lettieri December 5, 1991 Page 5 BUDGET SUMMARY . ADDENDUM NO. 6 The following budget estimates are based on direction received from the Otay Ranch General Manager and our knowledge of the planning process. As required by the original contract document, JHK will provide written notification to the Otay Ranch General Manager as to the current status of the project and budget on a monthly basis. A re-evaluation of the total budget estimate will be conducted when the amount of expenditure reaches 80 percent of the total available budget. Work Total Hourly Task Description Hours Rate Bud~et I Continued Coordination of the Transportation Subcommittee 140 $70 $9,800 2 Assist the Transportation Subcommittee in the Review of the Draft Screencheck EIR for Tech Acceptability 80 70 5,600 3 Assist the Transportation Subcommittee in the Development & Review of Preferred Alternative 100 70 7,000 4 Assist the Transportation Subcommittee in the Development & Review of necessary component of the Gerbral Development Plan 60 70 4,200 5 CitizenfI"echnical Committee Input 100 70 7,000 6 Attend Project Coordination Meetings Jill 1D. ..2&.QQ. TOT AL HOURS 560 TOTAL ESTIMATED BUDGET· ADDENDUM NO. 6 $39,200 7-1' --.-.... ~--_._._~~.._- - _.".._n_ _ "'. ....___._.____.__.___.____ _ jhk & associatcs Mr. Anthony J. Lettieri December 5, 1991 Page 6 If you have any questions regarding this proposed scope of work, please feel free to contact me. Sincerely, JHK & ASSOCIATES ]J~~/II~ Daniel F. Marum Senior Transportation Planner cc: Frank Castro, Senior Associate DFM/dr 7,;0 ~_._- -~_._-_..._.._-_._._.__._._._..-- f I "~I January 6, 1992 TO: Councilman Jerry Rindone FROM: John D. Goss, City Manage~ SUBJECT: Questions/Responses regarding January 7, 1992 Council Agenda Item 7 Agreement with JHK & Associates 1. Who is JHK & Associates? James H. Kell, a prominent traffic engineer, was the founder of this firm, JHK is a nationally well known firm whose western regional offices are located in Tucson. They also have a San Diego Office comprised of ten engineers and five support staff. The Otay Ranch project engineer from JHK is Daniel Marum, who has been involved with the Otay Ranch project since its inception, JHK has also provided traffic analysis for the Chula Vista General Plan Update. 2. What is the "duration" of the project as described under Task #l on Page 7-2? (On Page 7-9, it indicates the consultant services are requested through June 30, 1992. Wou 1 d th i s mean the project is a six-month project?) The traffic work is phased with the work program for the Otay Ranch, Task 1, coordination with the transportation subcommittee, would match the term of this contract (six months), 3, What is the consultant rate? Is this $70 per hour as listed on Page 7-19 in the budget summary of Addendum #6? Yes, $70 an hour is the current rate, 4, The progress summary report of Addendum #5 does not state an hourly rate. How can we compare these two? The hourly rate for Addendum #5 was also $70, so there is no change. Item 8 Bud Gray Contract 1. In the recommendation section, it states "that Counc i1 approve the attached resolution." What attached resolution? This was not provided in our packet as stated. It is my understanding that the proposed Council resolution was supposed to be included with the A-1l3 submitted by the Planning Department. However, an additional copy of the resolution should be forwarded to the Mayor and Councilmembers to make sure that they have this document available to them. (Attached hereto.) 2, Did the original resolution have contract extension provisions? If not, are these services needed? The original contract expired on June 3D, 1991, and allowed for two three-month administrative extensions, which were exercised. The length of the original contract was based on the understanding that the Otay Ranch Project Team, to which Duane Bazzel was assigned, would complete its work between June and December 1991. However, at this time, it appears that the Project Team will continue working full-time through at least June 1992. Therefore, the services of this consultant are needed to backfill for Duane's position during this period, 3. If this amendment is approved, the other contracts or consultant agreements Bud Gray currently has with the City are listed as (1) EastLake Village Center, Kaiser Permanente and EastLake Greens General Development Agreement, and (2) San Miguel Ranch and SPA Plan, or are there other consultant contracts or agreements as well? There are no contracts with Bud Gray other than those referenced in the Agenda Statement. In addition·, it should be clarified that Bud Gray is the only consultant providing contract planning services on these projects. 4, Please state the length of the consultant services, the type of work product required, and the total compensation for each project, The contract with Bud Gray for the Rancho San Miguel project was approved by Council on November 7, 19B9, with an authorization not to exceed $100,000, and expiration to occur at the time Council takes final action on entitlements being requested by the applicant. At this time, final action by the Council is anticipated in April 1992, and of the $100,000 authorized in the contract, approximately $25,000 has not been charged as of this date. The contract with Bud Gray for the EastLake projects was approved by Council on June 18, 1991, with an authorization not to exceed $60,000, with expiration to occur on July I, 1992, or when the authorized dollar amount is exhausted, whichever is later. There is a balance remaining of $33,100. For both projects, the scope of work involves provision of plan review services, including coordination between the applicant, City staff, and outside agencies. The final work product in each case is a report to the Planning Commission and City Council with an analysis and recommendation regarding the entitlements being sought by the applicant. In the case of the Rancho San Miguel project, these recommendations will pertain to a request for approval of a General Development Plan for a residential development on 2590 acres. In the case of EastLake, two projects are involved: a GDP/SPA Plan amendment and Conditional Use Permit to allow the proposed Kaiser Medical Center; and GDP and SPA amendments to allow approximately 150 additional dwelling units in the EastLake Greens project, "........ '" ............_..__._.. ........ _...._.._, ..__ ___....____ ___._ ___n____ <J 5. The hourly rate of $75 compares to other consultant service rates but this amendment is not requesting the employment of a consultant, It is "requesting a temDorarv replacement of a senior planner in the CiIty' sown Planning Department." (Please note: part of the A-113 justification for this request is to respond to Council referrals.) How do we justify this? Please explain. It should be clarified that this request is to use a planning consultant as a temporary rep 1 acement. The Sen i or Planner be i ng rep 1 aced, Duane Bazze 1, has been assigned to the Otay Ranch Project until June 1992. The consultant's duties are the same as those that would have been performed by Duane in the Planning Department, for example, growth management plan administration and other projects, inc1uing certain City Council referrals, The comparable rates provided in the A-113 are for planning consultants who are performing contract planning services at a Senior or Principal Planner level for the City. Item 11 Agreement with VTN Consultants 1. What percent of reimbursement from the Federal Defense Access and FAU funds could be rea1istica11y anticipated? The total amount of FAU funds anticipated to be received is $1,455,000 and of Defense Access funds is $1,428,000. These amounts were set based on FAU fund balances in the program for Chu1a Vista and on a negotiated amount for a Navy housing project set a few years ago. The increase in the VTN contract will not affect these reimbursements. Therefore, of the $40,000 anticipated for the soil testing services, none will be reimbursed by FAU or Defense Access. Item 13 Complementary Paratransit Services 1. Are there any preliminary estimates as to the potential number of individuals who may be eligible for ADA trips within the City limits of Chu1a Vista? MTDB, in conjunction with SANDAG, has estimated the number of total ADA eligible persons, This estimation considers three categories of ADA eligibility as based on a methodology developed by James F. Hickling, Management Consultants, The MTDB ADA surface area total population is 1,692,854 persons and MTDB estimates that there are currently 30,336 persons eligible for all categories of ADA paratransit services, Since the City of Chu1a Vista is about 7.6% of the total MTDB service area population, I estimate that about 2,300 Chu1a Vistans could be ADA eligible. 2, How are public agencies coordinating costs when ADA participants demand free trips involving more than one public agency? The federal law states that paratransit fares for ADA eligible persons can be no more than twice the based fixed route fare for a comparable trip. In other words, since the current CVT base fare is $1.00, the fare for an ADA paratransit trip may be up to $2.00. It should be noted that the current HandYTrans fare in Chu1a Vista is $1.25. The interjurisdictiona1 ADA trips will be incorporated into the MTDB Regional Fare Structure. The details of how this will be done are still being worked out and a revised Regional Fare Structure will be brought to all the jurisdictions in the MTDB area for approval probably before July 1992. cc: Mayor/Council City Attorney rirldone .