HomeMy WebLinkAbout2008/07/22 Item 5
CITY COUNCIL
AGENDA STATEMENT
~ ('f:.. Cln' OF
~CHULA VISTA
:-
7/22/08, Item~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUlVIMARY
A Pedestrian Master Plan will identify and prioritize pedestrian improvement projects based on
technical analysis and community input, thereby promoting orderly implementation on a
citywide basis and enhancing the City's ability to secure funding for these projects. Based on the
results of an interview process and evaluation criteria, it is recommended that an agreement be
approved with AHa Planning + Design for development of a Pedestrian Master Plan.
4/STHS VOTE: YES 0 NO I3l
I
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 6 categorical exemption pursuant to Section 15306 (Information Collection) of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In order to use the region's transportation funding most effectively, the San Diego Association of
Governments (SAl'lDAG) recommends, and in the future will require, that each local agency in
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7/22/08, Item 5
Page 2 of 3
the region have a Pedestrian Master Plan in order to compete for and receive funding for
pedestrian projects. A Pedestrian Master Plan will also strengthen the City's projectjustrncation
in applying for State and Federal funding (such as Safe Routes to Schools) for pedestrian
improvements. Agencies may apply for funding to develop their Pedestrian Master Plans
through SAl"iDAG's annual TDAlTransNet Claim cycle for pedestrian and bicycle project
funding. On May 11, 2005, SA1"iDAG awarded the City a $150,000 Transportation
Development Act (TDA) grant for the development of a Citywide Pedestrian Master Plan.
A Request for Proposals (RFP) to develop a Pedestrian Master Plan was circulated with the
following given as major tasks:
. Identifying stakeholders and developing a public involvement plan
. Identifying existing pedestrian needs and conditions within the City
. Developing options tor addressing concerns identified by project stakeholders and the
public
. Developing pedestrian design guidelines and standards, including accessibility
recommendations, that meet or exceed SAl"iDAG guidelines
. Coordinating recommendations with other City planning documents and the City's
Walking Audit effort funded by a Safe Routes to School grant
. Providing a quarter-mile radius plan for elementary school routes within City limits
. Recommending zoning ordinance changes
. Recommending future Capital Improvement Projects. This includes developing a method
of prioritizing projects, recommending funding sources and strategies and developing a
proposed timetable.
. Finalizing the Pedestrian Master Plan for presentatipn to City leaders and the public
The consultant selection process was conducted in accordance with Section 2.56.110 of the
Chula Vista Municipal Code. It was determined that this work should be performed by a
consultant as City staff does not have the specialized experience in preparing a pedestrian plan.
A mandatory pre-submittal conference was held in January 2008. City staff received proposals
from five of the firms who attended the conference. Since all five firms met the qualifications
stated in the RFP, they were all invited to the interview process. The interviews were held
between February 18 and 22, 2008. The results of the interview process are as follows:
.... ;,pjj\m .'
Alta Planning + Design, La
Jolla, CA
KTU+A, San Diego, CA
Stantec, San Diego, CA
Rick Engineering, San Diego,
CA
Glatting Jackson Kercher
Analin, Orlando, FL
'.FinaIiRaiik< .<o,Combined-Rahk'..,
1 3
,:.CostPro oilal.:.
$170,561
2
3
4
6
11
12
$149,870
$293,458
$221,100
5
13
$149,065
The interview panel unanimously agreed that Alta Planning + Design (Alta) should be ranked as
the number one firm. Alta has extensive local experience in the preparation of bicycle and
pedestrian master plans. The key staff members proposed for the Chu1a Vista project are all very
well qualified. Their presentation demonstrated that they are already familiar with pedestrian
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Page 3 of 3
issues iTI Chula Vista. They had the best presentation on the public participation element, and
they demonstrated that they have been successful in encouraging public participation of bilingual
communities.
During negotiations, staff discussed the proposed list of tasks to be performed as a part of the
contract, as well as the proposed cost estimate. The Consultant and staff agreed that the cost
could be reduced to $152,002 without reducing the quality of the Plan. This fee includes a
presentation to Council, which was originally included as an optional item with an additional
cost in the RFP.
Although no additional work is anticipated on the development of the Plan at this time, staff
would like the flexibility to amend the agreement to add specific tasks to the scope of work if
necessary. Staff therefore requests that the City Manager be authorized to execute an
amendment to the Agreement to add specific tasks to the scope of work for an amount not
exceeding $50,000, if necessary.
DECISION i'HKER CONFLICT
Staff has reviewed the property holdings of the City Council Members and has determined that
the effect of the decision contemplated by this action on the public officials' interest in real
property also affects ten percent or more of all property owners in the public officials'
jurisdiction or 5,000 property owners in the jurisdiCtion of the officials' agency in substantially
the same manner. Therefore, pursuant to California Code of Regulations sections 18707 and
18707.1, the Public Generally Exception applies.
FISCAL IlVIPACT
Approval of this agreement will not impact the General Fund. Funding for this project has been
included in the Capital Improvement Program under STL-323. This includes $150,000 in a TDA
grant and $61,000 in Transnet funds. Staff intends to apply for an additional IDA grant in the
future to cover the funds being advanced from I ransne!.
ATTACHMENTS
None.
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering Department
J:\ENGINEERIAGENDAICAS2008107-15-081A113 PEDESTRIAN MASTER PLAN. DOC
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND ALTA PLANNING +
DESIGN FOR THE DEVELOPMENT OF A PEDESTRlAL'l
MASTER PLAN FOR A TOTAL COST OF 5152,002 Al'lD
AUTHORIZING THE CITY MA.NAGER TO EXECUTE ,A..J.'\I
,A..J.VlENDMENT TO THE AGREEMENT TO ADD SPECIFIC
TASKS TO THE SCOPE OF WORK FOR "A..J.'l AMOUNT NOT
TO EXCEED 550,000
WHEREAS, on May 11, 2005 the San Diego Association of Governments (SANDAG)
awarded the City a 5150,000 Transportation Development Act (TDA) grant for the preparation
of a Pedestrian Master Plan; and
WHEREAS, staff issued a Request for Proposals for a Consultant to assist the City in
developing a Pedestrian Master Plan; and
WHEREAS, Alta Planning -+- Design was unanimously selected by the interview panel as
the most qualified linn to develop the Plan; and
WHEREAS, staff has negotiated an agreement with Alta Planning + Design for the
development of a Pedesrrian Master Plan for a total costofS 152,002; and
WHEREAS, City Council approved a total of 5210,000 in the 2008-09 Capital
Improvement Program under STL-323. including the 5150,000 TDA grant and 56l,000 in
Transnet funds to cover the cost of developing the Plan; and
WHEREAS, although no additional work Is anticipated on the development of the Plan at
this time, staff would like the flexibility to amend the Agreement to add specific tasks to the
scope 0 f work i I' necessary; and
WHEREAS, staff is requesting that City Council authorize the City Manager to execute
an amendment to the Agreement to add specific tasks to the scope of work for an amount not
exceeding S50,000, if necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as
follows:
I. That it approves an agreement between the City of Chula Vista and Alta Planning -+-
Design for the development of a Pedestrian Master Plan for a total cost of $152,002.
2. That it authorizes the City Manager to execute an amendment to the Agreement to
add speci fie tasks to the scope of work for an amoLlnt not to exceed $50,000 if
necessary.
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Presentee! by
Approved as to form by
R.A. Hopkins
Director of Engineering
'--r:)~",,- /L ~~ (h,-
Bart Miesfeld
Interim City Attorney
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THE ATTACHED AGREEJ\1ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTOR..NEY'S OFFICE AND WILL BE
FORlYlALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,,---!_jL.~, .(~ 0~
Bart C. Miesfeld {;
Interim City Attorney
Dated:
1//0 h y
, I
Agreement between City ofChula and
Alta Planning + Design
for Developing a Pedestrian Master Plan
.1
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Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Alta Planning + Design
for Developing a Pedestrian Master Plan
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
Whereas, the City requires that a consulting tirm develop a Pedestrian Master Plan (Plan).
The purpose of the Plan is to guide the way the City plans and implements pedestrian
improvements; and,
Whereas, the Consultant selection process has been co~ducted in accordance with Section
2.56.110 of the Chula vista Municipal Code. The selection panel has determined that Consultant
is the firm best qualified to undertake the services described in the Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services (" Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph IO(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 pro fession currently practicing under similar conditions
and in similar locations.
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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 commencement 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:
(l) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOl).
(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 Cali fomi a 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
J
J
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 Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be hvice 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
Deductibles and Self-Insured Retentions
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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 eliminate 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 administration, 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:
(I) 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 (1l/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. iilly
insurance or self-insurance maintained by theOity, its officers, officials, employees,
or volunteers is wholly separate from the insurance ofthe contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(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.
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(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 for review.
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. Ifinsurance 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, http://wv/w.tins.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
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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
I
,
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 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
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in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 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 17(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 the Parties have complied with all executory provisions
hereo f.
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
Clty, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
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If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 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
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
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Consultan1 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 ofthis 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 employees, 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, liabiIlty, 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 combinatidn 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, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
(I) 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
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out of any services performed involving this project, except liability for Professional Services
covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold
harmless the City, its agents, officers, or employees from and against all liability. Also covered is
liability arising from, connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. -The Consultant's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under 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, that arise out of, or pertain to, or relate to the negligence, recklessness
or willful misconduct of Consultant and its agents in the performance of services under this
agreement, but this indemnity does not apply liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to City, or arising from the active negligence of City.
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
satisfactorilycompleted 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
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
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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 notation), 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 propertie~'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,
social security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
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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 ofresolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out ofthis 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 Heport 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
I
J
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.
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 ofbusiness for each of the designated
parties.
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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.)
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Signatl.l.re Page
to
Agreement bet'Neen
City of Chula Vista
and
Alta Planning -+- Design
for Developing a Pedestrian Master Plan
IN WITNESS WHEREOF, City and Consultant have executed LlJis Agreement thereby
indicating thanhey have read and understood same, and indicate their ful1 alid complete consent
to its terms:
Dated:
City ofChula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Bart Miesfeld, Interim City Attorney
Dated:
By:
'lei G. Jones,.PrincipaI
\
By:
'7 1\ <;; ! o~
I '
Exhibit List to Agreement
( X ) Exhibit A.
5-20
~~",I~:',;iJiutli;[D:i-"'""'~'~'~~~~~;"~.'1o''''<;'~ "_:;",,"';01,",,,"~",'~;~""'-'~''''_'''''~''''''''''''"'""
-~'"'""'~
."__"__,,,,,,_=<i>'..._~, ~
-~"""="".-,.==,,...~~._."
Exhibit A
to
Agreement between
City of Chula Vista
and
Alta Planning + Design
1. Effective Date of Agreement: Julv 15. 2008
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( )
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Alta Planning + Design
3920 Conde Street Suite B
San Diego, California 92110
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Alta Planning + Design
3920 Conde Street Suite B
San Diego, California 92110 - (619) 269-6043/ Fax: (619) 269-6288
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7. General Duties: Consultant shall prepare a Pedestrian Master Plan in accordance with
requirements of the San Diego Association of Governments (S.A.i~'DAG). The framework for the
Pedestrian Master Plan shall include identifying specific Plan goals, policies, actions,
implementation strategies, pedestrian route types and design-guiding principles, and developing a
prioritization methodology appropriate for the City of Chula Vista. Consultant shall build on the
City and SANDAG's existing pedestrian and planning documents such as SAi\iTIAG's "Planning and
Designing for Pedestrians" and other relevant sources.
Consultant shall identify and analyze existing pedestrian conditions, existing and potential pedestrian
routes, and potential pedestrian infrastructure improvement projects for specific locations that focus
on providing and improving connections along pedestrian routes. Consultant shall identify the need
for pedestrian related studies and development of pedestrian safety and education programs, as
appropriate.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task I :Develop Timeline and Meeting Schedule
Consultant shall conduct an organization and scoping meeting to: review project and task
objectives, review scope of services and data collection methodology, collect available
data and published materials, establish the meeting and presentation schedule, review and
list regional and state required elements; and revievy and list all applicable design and
planning standards.
Consultant shall participate in at least four (4) meetings with staff, six (6) meetings with the
Project Working Group, two (2) public meetings, and two (2) meetings with
Council/Commission.
Deliverables
Project Timeline and Meeting Schedule
Meeting minutes within one week of meeting
Task 2: Identify Stakeholders
Consultant shall identify potential stakeholders who will provide input, policy issues,
principles, methods of prioritizing projects, structure and content of the Plan, design
guidelines and standards. The stakeholders group may include elementary school staff, City
commissions, boards, community groups, and civic organizations. These stakeholders my
include, but shall not be limited to, the Chula Vista Planning Commission, the parks and
recreation commission, if any, the Planning and Building Department, the Engineering
Department, the General Services Department, the Chula Vista Safety Commission, the
Chula Vista Elementary School District, the Chula Vista Chamber of Commerce and the
Chula Vista Downtown Association.
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The Consultant shall coordinate with and keep these groups advised as needed t.1Jroughout the
proj ect.
Deliverable
Stakeholder Contact List
Task 3 : Develop a Public Involvement Plan
The Consultant shall develop a Public Involvement Plan within four (4) weeks of being
selected.
The following sections outline the major components of the proposed Public Involvement
Plan, including establishing a Project Working Group (PWG), conducting Public Workshops
and developing and maintaining web-ready materials.
Project Working Group
Consultant shall establish a Project Working Group (pWG) to guide the development of the
Project and to evaluate the quality and effectiveness of the Project's work products.
Consultant anticipates that the Project Working Group will be comprised of at least one
representative from each ofthe following groups: staff from the City ofChula Vista Planning
and Building Department and Engineering Department; Pedestrian Interest Groups (Walk
San Diego);Chula Vista elementary school principals and staff; Planning Commission; Park
and Recreation Commission, if any; Design Review Commission; Safety Commission;
Commission on Aging; and Police and Fire Depart~ents.
Consultant shall convene meetings of the PWG every two months (up to 6 meetings), or at
key stages of the project.
Consultant shall plan, prepare, facilitate and document all PWG meetings. The Consultant
shall also arrange all logistics for meeting planning including strategy development, meeting
location, notification, agenda and preparation of all background information needed to
support a productive discussion by PWG members. Consultant shall document each meeting
with a Meeting Summary that details agreements, requests for information, and decisions of
the PWG. Meeting Summaries shall be prepared within five working days.
Public Workshops/Open Houses
Consultant shall plan, prepare, and facilitate two (2) public workshops, in addition to
meetings with individuals and small groups as needed for the duration of the Agreement.
The first workshop shall be held early in the process to explain the process, outline the goals
and vision for the plan, and discuss the findings of the preliminary field and data inventory.
The second workshop shall be to obtain comments about needs, concerns, and
recommendations for pedestrian facilities throughout each sub-area of the City, and to get
feedback on recommended facility projects. Consultant shall prepare a meeting notice,
display ad for placement in newspapers, and agenda for each public workshop. Consultant
shall strategically design and \YTite each notice to catch the reader's attention and include the
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meeting purpose, date, time, location, and contact information. Consultant shall also prepare
a meeting packet for distribution at each workshop.
Consultant shall prepare all visual presentations for each public workshop, including
storyboards and graphics, and PowerPoint presentations. Consultant shall also facilitate each
workshop and record the discussions on flip charts. Consultant shall prepare summary notes
of public workshops for the PWG, and shall be responsible for all meeting logistics including
facilitation, room rental, room set-up and clean-up, sign-in, name tags, refreshments,
comment cards, and a written meeting summary. Consultant shall take extra steps to ensure
high attendance and participation at the public workshops. The Consultant shall provide
bilinguaVinterpreter services for all public meetings.
Project Web site/On-Line Survey
If directed by City staff, Consultant shall prepare web-ready materials for use by the City,
either placed directly on the City's website or hosted on the Consultant's webpage with direct
links from the City's website. The web-ready materials shall provide the public and
interested stakeholders updated project information (such as meeting dates or the availability
of draft documents) and contact information. Consultant shall include a pedestrian user
survey on the web-ready materials that can be completed by the public, indicating their needs
and concerns.
Public Hearings
In addition to the public workshops and regular meetings with the PWG, Consultant shall
also be available for up to two public hearings before the City Council and! or specified
Commissions. Consultant shall develop a professional PowerPoint presentation to be given
at each Commission/Council hearing at the direction of staff. The PowerPoint shall be
delivered on CD to the City so it can be given to other committees and groups whenever
needed.
Deliverables
Consultant's presentation at PWG, public workshops, and public hearings as outlined above.
Meeting attendee lists.
Meeting minutes within one week of each meeting.
Public meeting PowerPoint presentations on CD-ROM.
Pedestrian user survey.
Task 4: Identifv Existing Conditions
Consultant shall evaluate needs and conditions within the City. Consultant shall identify and
evaluate existing conditions using the following: GIS Mapping and inventory, Mapping
System Software, Space Syntax Pedestrian Modeling Tool, the City street plan, the City's
missing infrastructure data, City's land use data, community walking audits, field review and
pedestrian related accidents. Consultant shall use elementary school attendance areas to
organize the existing condition data and subsequent analyses. Consultant shall obtain
community walking audit information from WalkSanDiego, as available. In the event that
WalkSanDiego does not complete all 36 walk audits around Chula Vista elementary schools
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by the conclusion of Task 7, the Alta Team will rely upon the Missing Infrastructure dataset
available from the City for the schools that have not been completed.
Consultant shall assess the completeness and quality of this data, and determine which key
data types may require further inventory. Consultant shall provide Arc View shapefiles for
each of the facilities inventoried, as well as high quality paper maps of these facilities.
Consultant shall work with the City to provide this information in formats that are
compatible with the City's databases and software.
Consultant shall identify important areas of pedestrian generators by looking at the
distributions of sub-populations that tend to have relatively higherrates of walking, such as
youth, walking commuters, total population density, total employment density, the elderly
and the disabled.
Consultant shall then assess the location of pedestrian attractions, including those land uses
that tend to artract a walking trip, such as elementary schools, transit centers and stops,
neighborhood civic facilities, retail facilities, waterfronts, and parks and recreation facilities.
Consultant shall assess pedestrian barriers, or those features of the built environment that
impede or discourage walkers, such as high rates of pedestrian collisions (indication of
potential safety issue), freeways and rail rights-of-way, 6-lane and 4-lane arterials, high
traffic speeds and volumes, and steep slopes.
Deliverables I
Preliminary Mapping Analysis of Missing Pedestrian Infrastructure (shapefiles and paper
maps)
Preliminary Mapping Analysis of pedestrian attractors, generators, and barriers (shapefiles
and paper maps)
Task 5:Provide a Status Report and Receive Public Comment on existing Citywide
Accessibilitv and Pedestrian Facilities
Consultant shall analyze data collected from the public workshops, walk audits, GIS-
mapping and composite modeling, surveys, PWG, and staff input, to identify Chula Vista
areas of highest need. Consultant shall recommend opportunities for future projects based on
their potential to improve access for pedestrians, increase the number of pedestrians, and
improve the safety of pedestrians.
Consultant shall develop an Existing Conditions Status Report that documents its
methodology and illustrates its key findings.
Deliverables
Draft Existing Conditions Report
Summary of Walk Audit Results in GIS and paper formats
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Task 6: Identify Goals and Obiectives for the Pedestrian Master Plan
Consultant shall use input from the public process, surveys, field review, Project Working
Group and City staff input, and other sources to identify issues and opportunities that are
related to achievement of the plan goals. Consultant shall develop consistent overall goals
and objectives for the Plan building on existing documents. The Consultant shall also review
other relevant planning documents to ensure compatibility.
Consultant shall develop draft goals using existing City plans and infrastructure reports, the
PWG, and local community input. Consultant shall evaluate pedestrian goals from other
communities and those developed by state and national pedestrian organizations. City staff
shall add to, change, and/or refine the draft goals.
Consultant shall develop policies and standards out of the broader goals and objectives. City
staff shall use these policies to manage the future pedestrian system.
Consultant shall inventory and summarize existing and emerging pedestrian-related plans.
Consultant shall ensure the consistency of these plans with the General Plan the Chula Vista
Municipal Code, master plans, trail plans, regional and local park plans, short-range transit
plans, open space district trails plans, specific plans, and capital improvement plans in Chula
Vista.
Consultant shall summarize all relevant legislation (local, regional, state and Federal) that
might affect implementation of the Plan, for review,by City staff.
J
Deliverable
Memorandum on proposed goals and objecti ves
Task 7: Identify Issues and OpportUnities after community input
Consultant shall use input from the public process, surveys, field review, PWG and staff
input, and other sources to identify issues and opportUnities that are related to achievement of
the plan goals. Consultant shall provide summary results ofthe comments received through
the public process to the City in written form.
Deliverable
Memorandum on issues and opportunities
Task 8:Develop Pedestrian Design Guidelines and Standards that meet or exceed those set
forth in SANDAG's "Planning and Designing for Pedestrians: Model Guidelines for
the San Diego Region"
Consultant shall prepare strategies, guidelines, and standards with respect to pedestrian
facilities for inclusion in the City's Street Design Standards. The standards shall compliment
the Circulation Element. A summary of design elements may include ADA features (ramps,
detectable warnings, etc.), sidewalks (width, surface), shared use trails, lighting, crosswalks
(mid-block, signalized), signing, signals (timing, pedestrian heads), transit stops, nodes or
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actIVIty areas, landscaping, trees, public art, under-or overcrossings, benches, shelters,
drinking fountains, pedestrian districts, historical/interpretive walks, land use/
zoning/setbacks/density, and plazas / pocket parks / woonerfs.
Consultant may include traffic calming and traffic engineering tools that may also benefit
pedestrians such as roundabouts', reduced lanes /lane widths, school commute routes, curve
radii / pork-chop design, one-way / two-way streets, improved right turn slip-lane design,
chokers, chicanes, mini-circles, raised crosswalks, modified intersections, moving stop bars,
driveway improvements, raised medians / crossing islands, speed tables, curb extensions,
partial street closures / bike boulevards, and wide crosswalks.
Consultant shall conduct a working session with the PWG to determine how to modift
existing City strategies, guidelines, and standards. Consultant shall provide the PWG with a
Decision-Matrix that clearly shows areas where these existing strategies, guidelines, and
standards can be refined or expanded. Where appropriate, Consultant shall provide an
analysis of potential benefits and impacts of proposed changes to strategies, guidelines, and
standards and recommend methods of implementation ofthose proposed changes. Based on
these meetings, the Consultant shall recommend a series of changes to strategies, guidelines,
and standards.
Consultant shall review the existing City standards and develop a set of design guidelines
and standards on a parallel timeline with the Pedestrian Master Plan development.
Consultant shall evaluate the detailed engineering standards for curb ramps, signs, sidewalk
construction, signal design, and crosswalk placemeIjt, the detailed engineering standards for
multi-use trails or Class I bike paths, or the detailed engineering standards for the design and
placement of drainage, lighting, utility poles, conduit, and other features that impact
pedestrian circulation.
All drawings shall be completed in AutoCAD 2000, using a template provided by the City.
Deliverable
Memorandum on proposed Design Guidelines and Standards
Task 9: Accessibility Recommendations
Consultant shall develop ADA recommendations and improvements for transit accessibility,
review the City's method of ranking ADA ramps and provide comments. Consultant shall
also ensure that pedestrian design strategies, guidelines and standards are consistent with
ADA accessibility requirements, California Code of Regulations Title 24 and City policies.
Consultant shall develop ADA recommendations for improvements for transit accessibility,
and recommend a ranking system for prioritizing installation of access ramps. Consultant
shall prepare a funding strategy to help implement ADA improvements, and identift
responsible agencies.
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Consultant shall re,iew the City's current procedures and policies for compliance with ADA
accessibility requirements with the planning and engineering staff, and compare those
procedures with other cities and with those developed by the U.S. Access Board and State
Architects Office.
Consultant shall provide expert consultation on Universal Design and ADA considerations
for pedestrian design strategies, guidelines and standards to ensure that they are consistent
with ADA accessibility requirements, CCR Title 24 and City policies. Consultant shall
develop project priorities in consultation with appropriate stakeholders, using ranking
systems that have proved successful in other communities, and identify funding sources for
financing the cost of the improvements.
Deliverable
Memorandum on proposed Accessibility Improvements
Task 10: Coordinate pedestrian recommendations with the General Plan and Urban Core
Specific Plan. and coordinate with the Safe Routes to Schools Walking Audits.
Consultant shall work with the City and its consultants to coordinate recommended
pedestrian improvements with these planning efforts.
Task II: Provide a one-quarter mile radius school plan
Using the results of the Safe Routes to Schools Walking Audits, Consultant shall provide a
one-quarter mile radius school-plan for elementa..ry ~chools routes within City Limits. In the
event that WalkSanDiego does not complete the Walk Audits at the conclusion of the Chula
Vista Pedestrian Master Plan - Task 7, the Alta Team will utilize the Missing Infrastructure
database to complete the Quarter Mile School Plans. Consultant shall create materials for the
City and schools including pedestrian awareness campaign materials and pedestrian safety,
marketing, and education handbook.
Consultant shall develop a priority project list for Safe Routes to School (SR2S I SRTS)
funding in Chula Vista. Consultant shall use the pedestrian priority analysis developed in
Task 4. The Consultant shall work with City staff, the PWG, and School District officials to
identify existing schools locations that may qualify for SR2S I SRTS funding for pedestrian
facilities, school signage, school crosswalks or other enhancements related to existing or
proposed safe routes. Consultant shall develop preliminary school-area improvement plans
within a one-quarter mile radius of all elementary schools in Chula Vista that can be used as
part of future SR2S I SRTS grant applications.
Deliverable:
Memorandum identifying Safe Routes to School Priority List and Plans
Task 12:
Recommend Zoning Ordinance Changes
Consultant shall examine potential zoning ordinance changes that are related to the
pedestrian environment. Consultant shall use the Land Use and Transportation Element of
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the General Plan and the Urban Core Specific Plan and coordinate with the Planning and
Building Department. Consultant shall analyze existing City policies, plans and the
Municipal Code provisions with respect to pedestrian facilities and travel.
Consultant shall compare the City's policies, plans, and Municipal Code provisions with
those from around California and the United States. Consultant shall develop a matrix that
summarizes current City codes, plans and policies, identifies the key differences with other
plans, shortcomings and strengths, and provides potential remedial actions. Consultant shall
examine such features as the mix or separation of land uses, the density and compactness of
land uses, the density of storefronts in retail districts,. the location, quantity and design
guidelines for parking, the location of building entrances in relationship to sidewalks, the
size of city blocks, and the width of streets.
Consultant shall propose prototypes of modified codes that will guide new development so
the people can conveniently walk between land uses, especially to and from schools and
transit stops.
Deliverable
Memorandum on proposed zoning changes
Task 13:
Recommend Future Capital Improvement Proiects
The Consultant shall do the following:
A. Priorities and Phasing - Develop a set of criteria and a mechanism for evaluating the
performance of the proposed pedestrian improvements consistent with the Federal
Highway Administration (FHW A) "Pedestrian and Bicyclist Intersection Safety Indices",
publication No. FHWA-HRT-06-130. Develop a proposed timetable for the City to
determine progress in reaching goals and making changes to those goals. Consultant
shall examine each of the following criteria:
Connectivitv - Provides connectivity between existing segments of sidewalks.
Overcomes major gaps and barriers between regional destinations.
Multi-Modal Coordination - Connects to major multi-modal destinations, whether a bus
transfer station or light rail station.
Accessibilitv - Enhances access from residential neighborhood to major regional
destinations within the region, including schools, community centers, employment
centers, and commercial centers.
Usa~e - Serves the greatest number of users possible, focusing on major destinations.
Safety - Provides the highest level of safety possible while addressing major safety
concerns such as narrow, high traffic roadways. Consultant shall rely on discussions with
staff, field observations, and safety analyses carried out under the existing conditions
analysis.
Planned Transportation Improvement Proiects - Takes advantage of opportunities such as
planned roadway improvements that may accommodate pedestrian enhancement facilities
with relatively little additional cost.
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Consultant shall recommend and prioritize capital, traffic safety, educational projects,
and other projects based on input from the PWG, public input, and analysis of existing
conditions. The proposed capital projects shall include new pedestrian connections,
physical and cultural improvements and amenities, removal of pedestrian barriers, and
improved access for pedestrians within and between all neighborhoods as well as major
recreation, cultural, tourist and commercial attractions. The proposed projects may
include a signage program for pedestrian routes throughout the city that link various
neighborhoods and attractions. Consultant shall include projects to enhance existing or
develop new partnerships with civic organizations, community groups, public agencies,
and schools, and encourage increased walking.
Consultant shall prioritize proposed pedestrian improvements both by type of
improvement, and areas to be improved. The ranking shall be conducted with City staff
and PWG input, using a ranking system that assigns values to current conditions and
opportunities. The ranking will be used to develop a priority list for future projects.
Working closely with staff, the Consultant shall separate the projects/programs into high,
medium, and low-priority categories. The ranking evaluation process shall include
additional criteria reflecting funding and other factors, such as project readiness - is the
project ready-to-go in terms of completed preliminary designs, control of right of way,
and local political approval; costs - has the proj ect been developed in enough detail and
been reviewed by appropriate agencies so that the estimated cost is reasonably accurate;
public support -does the proj ect have strong local support, was it presented in a public
forum, and does it have letters of support; master plan- is the project identified as a high
priority on an adopted local master plan thilt conforms to FHW A and Caltrans
requirements; matching funds- are there adequate local matching funds and other outside
matching funds sufficient to complete the project; design -does the project conform to
appropriate ADA, tvfUTCD, and other design standards; multi-jurisdictional -is the
project a multi-jurisdictional project that demonstrates cooperation between agencies
seeking to overcome a major gap or barrier; benefits-does the project have a reasonable
projection of the benefits in terms of users, reduced crashes, air quality benefits.
Consultant shall fold the prioritized list of high-priority projects/programs into a capital
improvement plan, and shall propose follow-up analyses.
B. Capital Improvement Program - Consultant shall develop a 20-year capital
improvement program that is specific for the first five (5) years, and then provides a Tier
I and 2 sets oflists of mid-term and longer-term projects.
Consultant shall develop cost estimates using GIS databases listing detailed information
on each proposed project locations and characteristics. The costs shall be separated
between land cost (if any), site preparation, planning, design and engineering costs,
construction costs, and environmental documentation/mitigation costs (if any).
Consultant shall use the latest unit costs provided by the City engineering department.
Consulta..'lt shall evaluate each project according to an estimated cost-per-mile or linear
feet and estimated on-going maintenance and operation costs by implementation phase
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based on comparable experiences. Consultant shall identify City department
responsibility as well as the possible funding and specific requirements.
C. Develop Project Sheets for High Priority Projects - Describe each of the top 30
pedestrian projects in a one-page Project Description sheet that clearly presents the
project and its cost, responsible agencies, a graphic or digitized aerial photo of the
location or proposal, a list of specific improvements, and other information. Consultant
shall develop AutoCAD drawings on available aerial photos of proposed improvements,
provide concept sketches of improvements, or use Adobe Photoshop to simulate
improvements, or any combination as needed. The Consultant shall develop prototype
graphics (plans, sections) showing how the proposals from previous tasks would translate
into a variety of locations in Chula Vista, including at school sites, transit stations,
shopping centers, neighborhood commercial areas, old and new residential areas, historic
districts, planned communities, and other areas.
D. Funding Plan and Strategy - Identify potential matching and major funding sources for
the prioritized list of projects. Compare the costs of the phased improvements with
funding needs, so that long term programming for local matching funds can be
accomp lished.
Consultant shall identify potential matching and major tUnding sources, compile criteria
and requirements, assist with completing applications, design this plan to serve as an
appendix to the funding application, and relate anticipated schedule of funding to the
prioritized list of pedestrian proj ects. Consuli!mt shall compare costs of the phased
improvements with funding needs, so that long term programming for local matching
funds can be accomplished. The Consultant shall explore all funding options from public
and private sources.
Based on the recommended phasing schedule, ranking system, cost information, and
funding opportunities, the Consultant shall produce a final priority list and 20-year
Financial Plan that clearly identifies the funding requirements by year for the life of the
plan, along with estimates of local matching funds. The final priority list shall include
estimates of operating and maintenance costs that are usually borne by local
governments. Consultant shall develop an Implementation Plan for fundable, higb
priority projects over the next 10 years, along with an unconstrained implementation plan
for the next 20 years.
Consultant shall estimate maintenance and other operating expenses (including added
policing costs) based on experiences in comparable regions. Consultant shall develop a
recommended maintenance program shall be developed that identifies minimum tasks
and schedules including erosion control, street sweeping, surface repair, and other efforts.
Deliverables
. Project location maps
. Project description sheets
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. Prototype graphics and drawings
. Implementation steps
. Project prioritization
. Financial Plan
. Funding Plan and Applications
Task 14: Submit a Draft Pedestrian Master Plan for Review
Consultant shall prepare a draft Pedestrian Master Plan composed of the tasks completed up
to this point in the process. Consultant shall provide five (5) hard copies of the draft plan
and an electronic copy in PDF format on CD-ROM.
Consultant shall suggest to the City various graphic, formatting, and other options for the
Pedestrian Master Plan to maximize access and readability, including producing separate
documents for various topics. The draft Plan shall include goals, issues, recommended
options for policy and capital projects and an estimated cost for implementation. Consultant
shall include an action plan for implementation of policies and objectives, including
education and enforcement, as part of the Plan.
Consultant shall follow an outline for the Plan agreed upon by City staff and the PWG.
Consultant shall receive public comment on the draft plan through presentation to the City
Councilor Planning Commission
Task 15: Revise Plan Alternative Based on Public Review
Based on comments received by the Consultant from the public, all stakeholders, City staff
and the Planning Commission or City Council, Consultant shall revise the draft Plan and
present a final draft Plan for review and approval to the PWG, City staff, the Planning
Commission, and the City Council.
Task 16: Final Report Preparation and Printing
Following the City's review and approval of the Pedestrian Master Plan, the Consultant shall
provide 15 copies ofthe final version of the Plan to be presented to various City leaders and
to be made available to the public. One (1) copy shall be printed on one side only and
clipped together (not bound) to facilitate copying. The consultant will provide a master copy
of the Plan and a copy, in PDF format, on CD-ROM for future duplicating needs.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
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C. Dates or Time Limits for Delivery of Deliver abies:
D. Date for completion of all Consultant services: June 30, 2010.
9, Materials Required to be Supplied by City to Consultant:
10. Compensation:
A () Single Fixed Fee Arrangement
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim 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 int;erest free loans that must be returned to
the City ifthe 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 advances
shall not convert this agreement to a time and materials basis of payment
B. (X) Phased Fixed Fee Arrangement
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. (Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
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r-----.-----------.-
i
Components
Fee for !
Said
Phase
$24,907
iI, Tasks 1-4 Major Deliverables: Memorandum Outlining Public Outreach
i Strategy, PWG Membership, Preliminary Mapping Analysis, Meeting
I
i Schedule.
r 2. Tasks 5-7 Major Deliverables: Technical Memorandum on Existing
i Conditions, Technical Memoranda on Goals and Objectives and Issues
I
I and Opportunities.
13. Tasks 8-12 Major Deliverables: Technical Memoranda on Design
i Guidelines and ADA Accessibility, Technical Memoranda on Safe Routes
I to School.
4. Tasks 13-14 Major Deliverables: Zoning Ordinance Changes, and Capital
I
1___.!J:1:1:)Jrovement Pr_ojects, Draft Pedestrian Master Plan.
! 5. Tasks 15-16 Major Deliverables: Final Pedestrian Master Plan
I (Completion). All work on this contract shall be completed by the
! Consultant.
I
I
-j
$31.090 '
$50.304
$29,825
$15,876
.. ____.,_ . ...." .._.......... _.._ .,_,,___,,___..._._.______.__..______.__......_. __ _____",.._.._._.__.....___..._m__.._..._.____.___.____...._...."_____._..____"._________
For a total amount of
i
I
I
I
I
$L52,QQ~ I
l() 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 consil'lered as interest free loans that must be
returned to the City ifthe Phase is not satisfactorily completed. lithe 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. ( ) Hourly Rate Arrangement
For performance of Additional Services not included in the Defined Services by Consultant
as requested in writing by the City, City shall pay Consultant for the productive hours oftime
spent by Consultant in the performance of said Services, at the rates or amounts set forth in
the Rate Schedule herein below according to the following terms and conditions.
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
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Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the Defined Services herein required of Consultant for
$ including all Materials, and other "reimbursable" ("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
Name of Consultant
Category of Employee
Hourly Rate
() Hourly rates may increase by 6% for service~ rendered after [month], 20 , if delay in
providing services is caused by City.
II. Materials Reimbursement I\rrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
( )
( )
( )
( )
( )
( )
( )
( )
Reports not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Long Distance Telephone Charges, not to exceed $
Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
Cost or Rate
$
$
$
$
$
$
$
$
$
$
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12. Contract Administrators:
City:
Roberto Sol6rzano, Associate Engineer
Public Services Building
276 Fourtb Avenue
Chula Vista, California 91910
(619) 409-5420
Consultant:
Sherry Ryan, Associate
Alta Planning + Design
3920 Conde Street Suite B
San Diego, California 92110
(619) 269-6043 / Fax: (619) 269-6288
1 '
-~.
Liquidated Damages Rate: N/ A
( ) $_ per day.
( ) Other:
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
.I
,
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income 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 Ciry 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
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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
16. Permitted Subconsultants:
CityWorks, Catherine Smith, 427 C Street Suite 200, San Diego, California
92101
Wilson & Company, Nicholas Abboud, 701 B Street, Suite 1220 San Diego, CA
92101
17 Bill Processing:
,
I
A. Consultant's Billing to be submitted for the followh'1g period of time:
( ) Monthly
( ) Quarterly
(X) Other: See 11- B above
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: See II-B above
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
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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:
( ) Retention Percentage: %
( ) Retention Amount: S
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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