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HomeMy WebLinkAbout2008/04/22 Item 5 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~I'f:.. em OF .~CHUlA VISTA 4/22/08, Item ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH PACIFIC MUNICIP AL CONSULT ANTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) FOR ADDITIONAL AUDITING AND ENGINEERING SERVICES REQUIRED FOR THE UPDATE OF THE POGGI CANYON BASIN GRAVITY SEWER DEVELOPMENT IMPACT FEE AND CLOSURE OF VARIOUS ASSESSMENT DISTRICT IMPROVEMENT FUNDS DIRECTOR OF ENG~RING AND GENERAL SERVICES ~ CITYMANAGER ~~ ~\j ASSISTANT CITY ~ANR ER ~~ 4/5THS VOTE: YES 0 NO ~ SUMMARY On May 5, 2007, the City retained Pacific Municipal Consultants (PMC) to provide consultant auditing and engineering services required to facilitate the closure of various assessment district improvement funds and the update of the Poggi Canyon Development Impact Fee (Poggi DIF). Since then, as work on the Poggi DIF update proceeded, it became apparent that additional work would need to be done beyond what was defined in the original scope of work in order to complete the project. As a result, staff is recommending that PMC's contract be amended and the contract amount increased by $22,030 to facilitate the completion of the Poggi DIF update. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary RECOMMENDATION Council adopt resolution. 5-1 4/22/08, Item2- Page 2 of5 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION This contract with Pacific Municipal Consultants is for the completion of two major efforts: A. Closure of various Assessment District Improvement Funds. B. The update of the Poggi Canyon Basin Gravity Sewer DIP. A. Assessment District Fund Closures (No Change in Scope and Fee) In addition, to the Poggi Canyon DIF update, PMC was also required to assist the City in completing the closure of two assessment district improvement funds, AD 90-2 (Otay Valley Road) and AD 94- I (Eastlake Greens II). This involved the review of various assessment districts, identifying outstanding issues that required resolution prior to the closing of the improvement funds, preparing the Council Agenda Statements and presenting instructional materials on the steps necessary to properly close assessment districts. PMC was contracted to complete this work for a total amount not to exceed $25,000. This element of the Contract is not being amended as part of the process and current budgeted funds will be sufficient to complete the tasks specified in the scope of services. B. Poggi Canyon DIF Update (Requires Change in Scope and Fee) The Poggi Canyon Sewer Basin DIF was established on November 25, 1997 to facilitate construction of the Poggi Canyon Trunk Sewer, which was needed to serve properties within the Poggi Canyon Basin (See Exhibit A). The Poggi DIF was established based on the basin plan that was prepared by Wilson Engineering, which defined the benefit area, the alignment and sizes of the facilities that would be needed to serve that area. Since then, all the reaches of the Poggi Canyon Trunk Sewer as defined in the original basin plan have been constructed. However, through additional studies, other facilities have been identified that would be needed to facilitate development within the benefit area. It is now necessary to update the DIF to include these additional improvements to the list of covered facilities (DIP eligible facilities). The update is also necessary to ensure that a.) Fees are more fairly and equitably distributed amongst the remaining properties within the Poggi Canyon Basin, b.) Sufficient funding is available to complete the required improvements and c.) To update the fund balance and land use projections. To accomplish these tasks, on May 7, 2007 the City retained PMC to prepare all necessary analysis and documentation in support of an impact fee program meeting the requirements of Government Code 66000 et seq. Specifically, PMC's contract involved the following: . Updating the land use, the final construction cost of the completed facilities (i.e Poggi Canyon Trunk Sewer and portions of the Poggi Canyon Trunk Sewer Extension), and the list/cost of eligible facilities . Auditing the Poggi DIF Fund, to identify any outstanding credits or obligations for the construction of eligible sewer improvements . Determining if there were any refunds due to any developers or property owners (or others) 5-2 4/22/08, Item3- Page 3 of 5 . Evaluating the Poggi Canyon Trunk Sewer line's ability to support the basin buildout based on the revised land use projections and identifying any remaining sewer reaches to be constructed. . Preparing the Final Report and calculating the new Poggi DIF amount. PMC was contracted to complete this work for a total amount not to exceed $17,970. Proposed First Amendment - Additional Services Required Staff is recommending the contract amendment, which will provide an additional $22,030 for the following additional consultant services: . Review the recently completed Sewer Study for the Eastern Urban Center (EUC) prepared by PBS&J and the Sewer Study for Villages 2, 3 and Planning Area 18B prepared by Wilson Engineering and incorporate the findings of those studies into the DIF Update. Prepare a comprehensive map of the Poggi Canyon Sewer Basin, which shows the revised number of units within each of the major projects. This will significantly aid the administration of the Poggi DIF, and approval process for major builders who submit plans for their projects to ensure that their submittals are consistent with the revised basin plan. Update development status tables utilizing the most current data from the City's GIS and Permits Plus databases. Re-analyze the system to refine the established capacity thresholds. Attend briefing meetings with City staff and other stakeholders. Consultant shall revise the Poggi DIF analysis to include the cost of the sewer line in Olympic Parkway between SR 125 and the EastLake land swap parcel. . . . . . Waiver of the Selection Process PMC is a local San Diego firm that had done satisfactory work for the City on a variety of assessment district projects. In addition, some of PMC's staff had extensive institutional knowledge of the development within the Poggi Canyon Basin, having worked on a variety of projects within that basin. Coincidentally, the City made the determination that it was necessary to update the Poggi Canyon DIF at about the same time that the decision was made to close out some of the assessment districts. Upon reviewing all the available options for completing these two un-related projects, it was determined that the most cost-effective way of completing these projects would be to combine them under the same contract and retain PMC to complete both projects, since they were in the unique position of having the staff that the City would have relied upon to complete these projects. Consequently, on May 7, 2007 shortly after the completion of the upgrades to Reach 205 of the Poggi Canyon Trunk Sewer (SW226), the last major facility that was identified in the 1997 Poggi Canyon Basin Plan, staff approved an agreement between the City of Chula Vista and PMC (See Attachment 1) to provide the needed services for the two projects (Poggi DIF Update - $17,970 and Assessment District Closures - $25,000) for a total combined contract of $42,970. Since then, as work on the Poggi DIF Update project progressed, it became apparent that additional work would need to be done beyond what was defined in the original scope of work in order to complete the DIF update. The additional tasks were requested by the City to facilitate future administration of the DIF without consultant assistance. To accomplish these tasks, PMC's contract 5-3 4/22/08, Item~ Page 4 of 5 needs to be amended to increase the contract amount by $22,030 for a revised total of $40,000 for the Poggi DIP update (See Attachment 2). This represents a combined total contract amount of $65,000 for both projects. The original contract was approved by the City's Purchasing Manager, however, since this amendment would result in a total contract amount that exceeds $50,000, the amendment would require Council approval. The work being done by PMC is a specialized service, in a niche market. In addition, PMC's staff by virtue of their work experience, have over 30 years of combined institutional knowledge of development activity in the Poggi Canyon Basin, a rare combination of skill and knowledge base. Thus, PMC is in a unique position to provide this service at a very competitive cost, which is the reason they were selected for the project. It is also the reason for staff's recommendation that their contract be amended to provide the additional service. Consultant Payments The City has paid a total of $14,089.50 for both efforts, which is commensurate with the level of work completed to date. Contract Extension Under the terms of the original agreement, PMC was required to complete all the tasks within six months from the effective date of the agreement (i.e. by November 7,2007). However, there were many issues beyond their control, which necessitated the extension of the contract term. Consequently, the Interim Purchasing Agent authorized the extension of the contract term by an additional six-month period ending May 7, 2008 (See Attachment 3). With the addition of these new tasks, there is a need to further extend the contract term to allow for the provision of services necessary to facilitate the implementation of the revised fee. If the amendment is approved tonight, the contract will expire in November 7, 2008. This extension will allow adequate time to complete the DIF report, get input from City management and the development community and then bring the item to Council for consideration. Conclusion It is staff s opinion that the original contract amount and the costs associated with the additional services cumulatively represent the costs that are necessary to provide for adequate completion of these proj ects. To date, staff has been satisfied with the work completed by PMC on both projects. The Consultant has been very responsive to questions from City staff and is readily accessible when required for proj ect meetings. This first amendment is an extension of the work provided for in the original agreement. PMC has been very proactive by bringing staff s attention to discrepancies in the technical studies prepared by other consultants for some of the projects in the Poggi Canyon Basin. It was as a result of some of these findings during the project meetings that it was decided that these additional tasks were vital for the completion and future administration of the DIF. Based on the analysis completed to date by PMC there is an indication that this effort could result in the reduction of the Poggi Canvon Basin Gravitv Sewer DIF (currently $400IEDU). In light of the current downturn in development, staff is recommending that PMC's contract be amended so that they could finalize their analysis and complete the project, especially since it could have a beneficial impact in reducing the cost of development in that portion of the eastern territories. It will not be 5-4 4/22/08, Item~ Page 5 of5 cost-effective to pursue the retention of a new consultant, or to go through another selection process at this time. Based on the issues articulated above, staff recommends that the agreement between the City of Chula Vista and PMC, be amended to increase the contract amount by $22,030 to facilitate the provision of additional services necessary to complete the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember McCann has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT Council approval of this resolution and staff recommendation will authorize the expenditure of $40,000 of Poggi DIF Funds for the completion of the Poggi DIF Update. In addition, the City will also be spending $25,000 for the closure of various assessment district improvement funds. The costs associated with the Poggi DIF update are funded utilizing the balance of funds in the Poggi Canyon Trunk Sewer Improvement Project (Reach 205 Upgrades - SW226). That project was funded with Poggi Canyon Basin DIF funds. That project was the last remaining facility to be constructed based on the original basin plan; consequently, this update was begun as an extension of staff effort to closeout the project and update the basin plan. The remaining balance of funds in the project account is sufficient to facilitate this contract amendment; therefore, the approval of this amendment would not require additional appropriations from the Poggi Canyon DIF. Also, there will be no impact to the General Fund as a result of this amendment. ATTACHMENTS Attachment I - Original agreement between the City and Pacific Municipal Consultants Attachment 2 - First Amendment to the agreement between the City and Pacific Municipal Consultants Attachment 3 - Letter to PMC extending Contract Term to May 7,2008 Exhibit A - Poggi Canyon Sewer Basin Prepared by: Anthony Chukwudolue, Senior Civil Engineer, Engineering and General Services Department J:\EngineerIAGENDA\CAS2008\04-15-08\AII3 PMC 1st Amendment.lp.doc 5-5 ATTACHMENT Parties and Recital Page(s) Agreement between City of Chula Vista and Pacific Municipal Consultants For the provision of Auditing and Engineering Services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) and Closure of Various Assessment District Improvement Funds. This agreement ("Agreement"), dated "5 ~ l-oi 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 Pacific Municipal Consultants (A California Corporation), 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 City Chula Vista is desirous to retaining a firm to provide auditing and engineering services in order to ensure the timely completion of the Poggi. Canyon Basin Gravity Sewer Development Impact Fee Update and closure of various Assessment District Improvement Funds; and., Whereas, staff has received a proposal from PMC to provide consultant services necessary to prepare the Poggi Canyon Basin Gravity Sewer Development Impact Fee study and provide other related services necessary to complete the impact fee program and closure of various Assessment District Improvement Funds; and, Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal; and, Whereas, City staff cannot perform the work outlined below due to lack of available staff to provide auditing of financed public improvements, and that the approval of this agreement shall result in enhanced continuity of the project and expedite the timely completion of the project; and, Whereas, City staff has been satisfied with the work completed by PMC on other similar projects under a different contract, and engaging another consultant at this advanced stage of the project is impractical and would most likely carry significantly higher costs due to the additional time required to become familiar with all of the project issues; 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 5-6 Page 1 fl..' within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 5-7 Page 2 n._1 Obligatory Provisions Pages NOW, TIIEREFORE, 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 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defmed Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph lO(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. 5-8 Page 3 OLoJ F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to co=encement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Co=ercial General Liability coverage (claim Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Errors & Liability: Liability or Omissions $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Co=ercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this projectllocation or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 5-9 Page 4 ~w Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminRte such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim Rrlministration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause will not be canceled by Consultant or its insurer, except after written notice post marked thirty (30) days' prior to the City. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 5-10 Page 5 1"'1, ~ (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date; the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City forreview. Acceptability of Insurers ,~,,;; Insurance is to be placed with licensed insurers admitted to transact business in the State of . California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 18, 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 in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, htto://www.fms.treas.gov/c570. and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the 5-11 Page 6 IJ}.) limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of . this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, 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. H. 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, lies 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 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifIable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth 5-12 Page 7 '" , in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkrnark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 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 l7(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, 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 Consultant has completed all tasks outlined in Section 8 of Exhibit A, or within six months of Effective Date of Agreement, whichever is earlier. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it cali be shown that such delays did or will delay the progress of the work. 5-13 Page 8 ,., , 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to bea "Consultant" for the purposes of the Political Reform Act conflicrof 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 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC 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 that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of 5-14 Page 9 () , any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. 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 twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve 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 that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant' s employee~, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. 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. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 5-15 Page 10 ",} (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 sei-vices performed involving this project, except liability for Professional Services covered under- Section X.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 wi11fu1 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 Section Exhibit A to this Agreement. (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, omissions, Consultant 5-16 Page 11 ?.,J shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. '10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any , satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, 5-17 Page 12 (hJ social security tax or aIlY other payroll tax, aIld Consultant shall be solely responsible for the payment of same aIld shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended., the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. - Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. . 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to 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 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as' a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. 5-18 Page 13 ~....; 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 LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 5-19 Page 14 {JvJ Signature Page to Agreement between City ofChula Vista and Pacific Municipal Consultants For the provision of Auditing and Engineering Services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) and Closure of Various Assessment District Improvement Funds 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: 5-1 -07 City of Chula Vista r oks, Acting Purchasing Agent Attest: 1~ &M~ Susan Bigelow,'-city Clerk r Approved as to form: '-I~ _tb L1 d.-fr Ann Moore, City Attorney Dated: L\/l.."\-Ol Pacific Municipal Consultants By: ~~C-- Philip O. Carter, President Exhibit List to Agreement ( X ) Exhibit A. 5-20 Page 15 OuJ Exhibit A to Agreement between City ofChula Vista and Pacific Municipal Consultants 1. Effective Date of Agreement: ,-5 -7 ~o 7 2. City-Related Entity: ( X ) City of Chula Vista, a municipal chartered corporation of the State of California ( ) 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] (n Cityn) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Pacific Municipal Consultants 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 10461 Old l'lacerville Road, SlJite 110 Sacramento, California 95827 Voice Phone (916) 361-8384 Fax Phone (916) 361-1574 5-21 Page 16 0..) 7. General Duties: Consultant's task is to 1) update the land use, eligible facilities and costs, 2) identify credits for the construction of eligible sewer improvements, 3) identify refunds (if any), 4) identify the sewer reaches remaining to be constructed, and 5) reco=end new fee (if applicable) that would ensure that there are adequate funds to construct all the improvements required to facilitate the buildout of the basin for the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) Update. This project is intended to identify all necessary analysis and documentation in support of an impact fee program to meet the requirements of Gove=ent Code 66000 et seq. In addition., Consultant shall assist the City with the closure of Assessment Districts 94-1 and 90-2. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Task 1 Conduct Startup Meeting and Initiate Data Collection i. Consultant shall meet with City staff within two weeks of contract approval to discuss and refine the scope of services, assumptions, timeline, and roles of the various stakeholders in this project. ii. Consultant shall collect all available data and develop additional data required to fully support the update of the impact fee program. Task 2 Evaluation of required facilities i. Consultant shall review the Wastewater Master Plan., the Sewer Studies for Villages 2, 3, 7, and EastemUrban Center to evaluate the adequacy of existiog facilities to support build out of the basin. ii. Consultant shall explore the feasibility of amending the list ofDIF eligible facilities to ioclude the Poggi Canyon Extension. Task 3 Update Land Use Data i. Consultant shall verify the ultimate Equivalent Dwelliog Units (EDU) tributary to the Poggi Canyon Sewer Basin usiog the Draft Poggi Sewer DIF Update prepared by the City as the basis. Consultant shall compare this data to the City's Major Project Development Status report, City's permit records, and the City's GIS database. Consultant shall convert the data from the land use analysis to Basin EDUs and present it in a table showiog existing, ultimate and remaining EDUs. Task 4 Determioe Project Costs 1. Consultant shall obtaio the relevant documentation regarding costs. Consultant shall prepare a summary of project costs to include previously identified projects, new 5-22 Page 17 ~uI projects, engineering, Hc1ministrative costs, and the cost of portions of the Poggi Canyon Basin Sewer. Task 5 Fee Calculation and Analysis 1. Consultant shall calculate and determine the impact fees based upon updated land use (EDUs), updated costs and the additional project costs. Consultant shall also prepare a table that reflects the future revenues anticipated to be generated and the currently available revenues to corroborate the fee calculation. Task 6 Determine Credits and Refunds i. Consultant shall summarize the developer credits (earned and amount used) in a table based upon the City's permit system data and file memorandums. Consultant shall identify the refund amounts due to the developer/builder andlor CFD exclusive of interest earnings based upon City finance and permit records. Task 7 Draft Impact Fee Report i. Consultant shall prepare and provide a draft report that documents fee study results, including, but not limited to, a description of the overall methodology, findings, supporting justification, reco=ended impact fees and fee calculations that provide the legal nexus between impact fee reco=endations and new development. 11. Consultant shall present information at briefing meetings with the City staff, stakeholders (if required), and the City Manager. In addition, upon completion of the Draft Impact Fee Report, Consultant shall be prepared to present the study, including all above elements and Impact Fee reco=endations, at up to two meetings with the City staff and the development co=unity. Task 8 Prepare and Present Final Report i. Based upon information from City staff, development co=unity or other stakeholder groups regarding the Draft Impact Fee Report, Consultant shall prepare a Final Report that includes ten (10) copies and one (1) reproducible (unbound) copy of the Final Report. Consultant shall provide a disk with the Final Report in MS Word format and spreadsheets in Excel format. Consultant shall assist staff in presenting the Final Report and reco=ended Impact Fees to the City Council and members of the public at one public hearing during a regular City Council meeting. 5-23 Page 18 (7,w Task 9 Assistance with Preparation of Fee Resolutions 1. Consultant shall review the agenda statement and ordinance (or resolution) for the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF') Update prior to the Council meeting. Task 10 Close Improvement Funds i. Consultant shall assist the City with the closure of Assessment Districts AD 94-1 and 90-2. Consultant shall prepare the Council agenda report and resolution required to close the Assessment Districts, for approval of . the City Attomey. Consultant shall prepare and present instructional materials on the steps necessary to properly close assessment districts. Notwithstanding the provisions in Section 12, Ownership. Publication. Reproduction and Use of Material, of this Agreement, City acknowledges that the Final Impact Fee Report prepared by Consultant pursuant to this Agreement deals specifically with the Poggi Canyon Basin Gravity Sewer Development Impact Fee Update. City agrees not to represent that this Final Report was prepared by Consultant for any other purpose or project. B. Date for Co=encement of Consultant Services: ex) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Complete Tasks 1 through 7 within five weeks from the Effective Date of Agreement. Deliverable No.2: Submit a Final Report as stated in Task 8 that includes ten (10) copies and one (1) reproducible (unbound) copy of the Final Report. Consultant shall provide a disk with the Final Report in MS Word format and spreadsheets in Excel format within three weeks after the Deliverable No.1 is accepted by the City. Deliverable No.3: Consultant shall review the -Council agenda report(s) and resolution(s), for City Attorney approval, for the for the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF') Update prior to the Council meeting. . Deliverable No.4: Consultant shall prepare the Council agenda report(s) and resolution(s), for City Attorney approval, for the closures of AD 5-24 Page 19 I7vJ 94-1 and AD 90-2 within six months from the Effective Date of Agreement. D. Date for completion of all Consultant services: Upon completion of all Tasks, or six months from Effective Date of Agreement, whichever is earlier. 9. Materials Required to be Supplied by City to Consultant: i. Studies identified in Task 2(i). ii. Major Project Development Status Report iii. City permit records (upon request) iv. Fund data (upon request) v. CIP data (upon request) 10. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as shown in Section 8 - Scope of Work Tasks 1 through Task 9, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: Amount: $17,970, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee' Deliverable No.1, as accepted by the City Deliverable No.2, as accepted by the City Deliverable No.3, as accepted by the City 50% 45% 5% ( ) 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 that 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 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. 5-25 Page 20 ~".J 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 co=ence 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 l. 2. 3. Fee for Said Phase $ $ $ ( ) 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 that 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 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. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as shown in Section 8 - Scope of Work Task 10 and, 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) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of 5-26 Page 21 pvJ the Defined Services herein required of Consultant for $25,000, 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"), 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 Project Manager Project Engineer Public Finance Coordinator Name of Consultant PMC PMC PMC . Hourly Rate $140.00 $130.00 $130.00 ( ) Hourly rates may increase by 6% for services rendered after [month], 20-, if delay in providing services is caused by City. II. 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: ( ) None, the compensation includes all costs. () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to. exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, notto exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ Cost or Rate $ $ $ $ $ $ $ $ $ $ 12. Contract Administrators: City: Anthony Chukwudolue, Senior Civil Engineer, Public Services Building 276 Fourth Avenue, Chula Vista, CA 91910, (619) 476-5368 5-27 Page 22 OvJ Consultant: Philip O. Carter, President Pacific Municipal Consultants 10461 Old P1acerville Road, Suite 110 Sacramento, CA 95827 . Telephone: (916) 361-8384 Fax: (916) 361-1574 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. 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 fo the regUlatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale ofreal 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 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: 15. ( ) Consultant is Real Estate Broker and/or Salesman- N/ A 5-28 Page 23 rvJ 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly, based on Deliverables of Paragraph 10-C ( ) Quarterly (X) Other: Based on Deliverables of Paragraph lO-C. B. Day of the Period for submission of Consultant's Billing: (X )First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: B. City's Account Number: 2602226551. C. 18. 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 ( ) Other: J:\EngineerISEWERI2006\PoggiCynUpdateIPMC Agreementlp.doc 5-29 Page 24 Pu' THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~i~ fl. ~~1r---- Ann Moore City Attorney Dated: 'III (., / () i L ( First Amendment to the Agreement Between The City Of Chula Vista and Douglas R. Newman for Professional Services related to the Chula Vista Research Project Outreach Initiative 5-30 . f) f:-\':--ecc't"'\I')">,Bf1-T' b- FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC MUNICIPAL CONSULTANTS For the provision of Auditing and Engineering Services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) and Closure of Various Assessment District Improvement Funds. RECITALS WHEREAS, the Purchasing Agent, on behalf of the City of Chula Vista, approved an agreement between the City of Chula Vista (City) and Pacific Municipal Consultants (Consultant) for the provision of auditing and engineering services required for the update of the Poggi Canyon Basin Gravity Sewer DIF and closure of various assessment district improvement funds, effective May 7, 2007 (Agreement); and, WHEREAS, the term of the Agreement was for six months, terminating on November 7, 2007; and WHEREAS, on November 7, 2007, the Purchasing Agent sent a letter to Consultant extending the term of the Agreement until May 7,2008; and WHEREAS, additional work needs to be done beyond what was defined in the original scope of work in order to complete the update of the Poggi Canyon Basin Gravity Sewer DIF. NOW, THEREFORE, the City and Consultant agree as follows: L Section 4, Term, is deleted in its entirety and replaced with the following: "This Agreement shall terminate on November 7, 2008." 2. Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task 2 E~aluation of required facilities, delete ii. in its entirety and replace with the following: "Consultant shall review the Wastewater Master Plan, Sewer Study for Village 7, the recently completed Sewer Studies for Villages 2 and 3, and the Eastern Urban Center to evaluate the adequacy of existing facilities on the Poggi Canyon Trunk sewer line from Reach P270 to Main Street to support build out of the basin. Consultant shall incorporate the findings of that analysis into the DIF Update as directed by the City Engineer." I 5-31 3. Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task 3 Update Land Use Data, add the following: "ii Consultant shall prepare the EDU Tables using the most current data for FY 2007/08 as directed by the City Engineer. iii. Consultant shall prepare a comprehensive map of the Poggi Canyon Sewer Basin, which shows the revised number of units within each of the major projects as directed by the City Engineer." 4. Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task 4 Determine Project Costs, add the following: "ii. Consultant shall obtain the relevant documentation regarding the cost of the sewer line in Olympic Parkway between SR 125 and the EastLake land swap parcel and incorporate those costs into the DIF update." 5. Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, after Task 1 0 add the following: "Task II Additional Services. Consultant shall perform the following additional services only upon written authorization from the Director of Engineering and General Services. i. Consultant shall quantifY the additional impacts on the Poggi Canyon Trunk sewer line from Reach P270 to Main Street resulting from proposed development in Villages 2, 3, PA 18b, and the Eastern Urban Center." 6. Exhibit A, Section 10. Compensation, A. Single Fixed Fee Arrangement, Single Fixed Fee Amount, delete "$17,970" and replace with "$34,480". After "Deliverable No.3, as accepted by the City. . . 5%, add the following: "For performance of the Defmed Services by Consultant as shown in Section 8 - Scope of Work Task II, and only upon written authorization from the Director of Engineering and General Services, City shall pay a single fixed fee of$5,520." All other terms of the Agreement shall remain in full force and effect. [Next Page is Signature Page.] 2 5-32 SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND PACIFIC MUNICIPAL CONSULTANTS For the provision of Auditing and Engineering Services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) and Closure of Various Assessment District Improvement Funds. IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement indicating that they have read and understood the First Amendment and indicate their full and complete consent to its terms: Dated: ,2008 City ofChula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, Interim City Clerk Approved as to form: Ann Moore, City Attorney Dated: Pacific Municipal Consultants '1'ti~ hilip . Carter, President By: Exhibit List to First Amendment to Agreement: (X) Agreement between the City of Chula Vista and Pacific Municipal Consultants dated May 7, 2007 (X) Letter Extending Term of Agreement dated November 7, 2007 J:\Attomey\ELlSA\AGREEMENTS\Pacific Municipal Consultants 1st Amendment FINAL.doc 3 5-33 ~v~ -..- ~--- ---- ~~~~ ATTACHMENT ..3 CllY OF CHUlA VISTA DEPARTMENT OF ENGINEERING November 7, 2007 FileNo.0735-10-HX075 Pacific Municipal Consultants (PMC) 6020 Cornerstone Court West, Suite 350 San Diego, CA 92121 Attention: Donna Snider, Project Engineer RE: Contract Extension: POggi Sewer DIP Update! Assessment Dis~ct Fund Closures This letter shall s~e as our approval to extend the "agreement between the City of Chula Vista and Pacific Municipal Consultants for the provision of auditing and engineering services required for the completion of the remaining phases and tasks involved in the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIP) and closure of various assessment district improvement funds" from November 7,2007 to May 7, 2008. The project shall be completed on a time and materials basis in accordance with the terms of the agreement (copy attached) dated May 7,2007. All other terms and conditions of the agreement remain in full force and effect. If you have any questions regarding this matter, please contact Anthony Chukwudolue at (619) 476-5368. .sj~1lvYU Suz Brooks Acting Purchasing Agent ~~ Attachments Frank Rivera, Principal Civil Engineer Anthony Chukwudolue, Senior Civil Engineer Luis Pelayo, Associate Civil Engineer Tessa Quicho, Administration Analyst II J:\Engineer\sEWER\2006\PoggiCynUpdate'IExtension-PMC.lp.doc 276 FOURTH AVENUE 1 CHULA VISTA. CALIFORNIA 91910.26311 (619) 691.S021 @Pall COlI"'''''' .~<'l't~ P:1p.' 5-34 EXHiBIT It "',~ .' \...~, '/' I>~,/~ IJR= \~T 0<~~ ~ p\;:: ~O~- $I ~71 ~~o;~v ~ H ~~;c~\\V )' ~\ - i~J ~ W/ . -:s~ "'~ _3 7!i ~\"'5I",,,. . 1-'-Yc1r:.F)~ w':'::::/ ~rlJ~ ~~ / ..... ~" \ k ~ ~ i~ ~""':"-r ~l...l ~ ~.''". ::t:: ;~0 ~_~~ JJ.. <!-.~.. rJ X....' " r'""" 41r~ ~)- ") ~~\R4,~ r3'\ t\\~ !lfii~.- "1\ ) ~ l- lL. it /' ",' ~ 8, i <( ~.~ .~x'r ~~'/ ~\ ~ ~ I ~\ \ ~,~ .. ~/ \ - [\ ~ I [UJ -t-l-'--- )..~ ~. 11\'-) -~ , ~ \\( ~~. ~yV.Y~ ~ ~ r--. t.""\ -I~ i ~ ". J '- \ L 'I n- ~ -of ~ r17 C1 - W ~ ~ '1 ~ I-:i(\i /~ ~~9!F L: [\ ~ ~ ~0-:. \: C::;>~ ~LtIl i"l< I . .~ '" ~::yo ~ ~~~V? I " ' ~ . 0' ~.:c\ (I',;.s- w \ ,-=f "."-~ ' ~ ~ . "3)...- '....;\\-\.\:....:<;:f- '~:f / "V- r.)~ ~j; '"' \\ \ ~ ~ ~ 4J-l-lt ~ LV ~.,\~",_C~~~ fI -~ ~~._:~:::.~~~ II \-~~\ ~#' \-7~- ;~ffi '---------- , I j l. I il J, ~~..~,] ~n~l H i~ .!I!i'E~S %~R~j ~nd!HH ! ~8nlniin ~ jDl]O[J~ III ~EJ i 1 \ H~( 0> 0 ^ a: >-1-'-1 c 8 'a' m o "- z 5-35 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) FOR ADDITIONAL AUDITING AND ENGINEERING SERVICES REQUIRED FOR THE UPDATE OF THE POGGI CANYON BASIN GRAVITY SEWER DEVELOPMENT IMP ACT FEE AND CLOSURE OF VARIOUS ASSESSMENT DISTRICT IMPROVEMENT FUNDS WHEREAS, the Purchasing Agent, on behalf of the City of Chula Vista, approved an agreement between the City and Pacific Municipal Consultants (Consultant) for auditing and engineering services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee (DIF) and the closure of various assessment district improvement funds, effective May 5, 2007 (Agreement); and WHEREAS, the term of the Agreement was for six months, terminating on November 7, 2007; and WHEREAS, on November 7, 2007, the Purchasing Agent sent a letter to Consultant extending the term of the Agreement until May 7, 2008; and WHEREAS, additional work needs to be done beyond what was defined in the original scope of work in order to complete the update of the Poggi Canyon Basin Gravity Sewer DIF. WHEREAS, staff recommends the City Council waive the formal consultant selection process outlined in Municipal Code section 2.56.110 because Consultant's proposed additional scope of work for this First Amendment is a natural extension of its on-going work for the City, making it impractical to solicit proposals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it waives the formal consultant selection process and approves a First Amendment to the Agreement with Pacific Municipal Consultants for a total contract amount not to exceed forty thousand dollars ($40,000) for additional auditing and engineering services required for the update of the Poggi Canyon Basin Gravity Sewer Development Impact Fee and closure of various Assessment District Improvement funds. Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services H:\ENGINEER\RESOS\Resos2008\04-15-08\PMC 1st Amendment revised by ec.doc -I~~, {;1~ Ann Moore City Attorney 5-36