HomeMy WebLinkAbout2010/06/15 Item 9
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL &
REDEVELOPMENT AGENCY
AGENDA STATEMENT
_,\\(,-
...$ ~ CITY OF
~~ CHULA VISTA
JUNE 15,2010, Item----L-
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING THE TWO-PA.RTY
AGREEMENT WITH ROSENOW SPEV ACEK GROUP, INC TO
PREP ARE A PLAN AMENDMENT TO EXTEND FOR TEN YEARS
THE EFFECTIVENESS OF THE REDEVELOPMENT PLAJ'lS FOR
THE BA YFRONT AND TOWN CENTRE I REQ;BVELOPMENT
PROJECT AREAS AND THE TIME LIMITS TO COLLECT TA,X
INCREMENT AND REPAY INDEBTEDNESS IN THE PROJECT
AREAS ;11 ~
DEPUTY CITY MANAG~VELOPMENT SERVICES
DIRECTOR ~
CITY MANAGE f
4/STHS VOTE: YES D NO I X I
SUMMARY
On December 15, 2009, the Redevelopment Agency approved the Five Year Implementation
Plan for 2010-2014, which authorized the amendment of the Bayfront and Town Centre I
("BF/TCI") Redevelopment Project Area to extend the time limits for plan effectiveness,
payment of indebtedness, and receipt of tax increment by ten years.
The proposed Two-Party Agreement ("AgreemenC) between the Chula Vista Redevelopment
Agency ("Agency") and Rosenow Spevacek Group, Inc. ("RSG") is an agreement that authorizes
RSG to conduct work necessary to prepare the amendment.
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 involves a
governmental fiscal action which will not result in direct or indirect physical changes or impacts
to the environment; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no additional environmental review is necessary.
RECOMMENDATION
That the Redevelopment Agency of the City of Chula Vista adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
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June 15,2010 ....
Page 2
On June 10, 2010, the Chula Vista Redevelopment Corporation reviewed and recommended
approval of the RSG Contract.
DISCUSSION
On March 8, 2010, the City issued a Notice to Bidders ("Notice") requesting proposals to
provide the City's Development Services Department professional consultant services to assist in
the redevelopment plan amendment process to extend the effectiveness of the Redevelopment
Plans for the Bayfront and Town Centre I Redevelopment Project Areas for ten years and to
extend the time limits to collect tax increment and repay indebtedness in the Project Areas,
pursuant to California Health and Safety Code Sections 33333.10 and 33333.11.
The notice was distributed via email to the eight professional consultants on the City's Certified
List of Economic and Redevelopment Consultants. Subject to the City Purchasing Guidelines
for hiring consultants, the Department is authorized to enter into an agreement with any
consultant on the list for consultant services. The certified list is valid for three years beginning
September 16,2008.
After review by a three-person panel, staff is recommending that the City award the bid to RSG
based on the Consultant's history and proven track record of providing redevelopment planning
and other professional services to the City and Redevelopment Agency since 1988. Of the four
bids received by the City during the bid process, the Consultant submitted the most cost-effective
bid based on the scope of services required to complete the Project in the most timely manner.
Following is a summary of the bids received:
Consultant Proposed Cost Proposed Timeline for
Completion
Rosenow Snevacek Groun, Inc. $130,760 9 months
Keyser Marston Associates $176,080 II months
Seifel Consultin!!' $174,000-$182,000 15 months
Urban Futures, Inc. $184,640 17 months
The Project is a critical financial element for the successful elimination of physical and economic
blighting conditions in the BF/TC I Redevelopment Project Area. A successful amendment will
provide the Redevelopment Agency additional resources to finance public facilities and
infrastructure improvements.
The Project will also enhance the Redevelopment Agency's ability and financial capacity to
facilitate revitalization and blight-eliminating activities in the Town Centre I Redevelopment
Project Area and in the City's Third Avenue Village downtown business district.
The Project requires the City to follow certain procedural requirements as set forth in the
California Community Redevelopment Law (California Health and Safety Code 9933000 et
seq.), including the establishment of remaining physical and economic blight in the Project Areas
and the preparation of various reports and documents for review by the eVRC, Redevelopment
Agency, City Council, affected taxing entities, the California Department of Finance, the
California Department of Housing and Community Development, and the public.
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June 15,2010
Page 3
DECISION I\HJ(ER CONFLICT
Staff has reviewed the property holdings of the Chula Vista Redevelopment Agency members
and has found that Agency Members Castaneda and Thompson have property holdings within
500 feet of the boundaries of the Bayfront/To'WTI Centre I Project Area that is subject to this
action.
CURRENT YEAR FISCAL IMPACT
The proposed contract with RSG is for a not-to-exceed amount of $130, 760.
ONGOING FISCAL IMP ACT
There is no ongoing fiscal impact based upon this contract
ATTACHMENTS
Two-Party Agreement
Prepared by: Diem Do. Scnior Project Coordinator, Development Services-Redevelopment
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THE ATTACHMENT
TWO-PARTY AGREEMENT
CAN BE VIEWED IN THE CITY CLERK'S OFFICE
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RESOLUTION NO. 2010-
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING THE TWO-
PARTY AGREEMENT WITH ROSENOW SPEVACEK
GROUP, INC TO PREPARE A PLAN AMENDMENT TO
EXTEND FOR TEN YEARS THE EFFECTIVENESS OF THE
REDEVELOPMENT PLANS FOR THE BA YFRONT AND
TOWN CENTRE I REDEVELOPMENT PROJECT AREAS
AND THE TIME LIMITS TO COLLECT TAX INCREMENT
AND REPAY INDEBTEDNESS IN THE PROJECT AREAS
WHEREAS, on March 8,2010, City issued a "Notice to Bidders" requesting proposals to
provide the City's Development Services Department professional consultant services to assist in
the redevelopment plan amendment process to extend for ten years the effectiveness of the
Redevelopment Plans for the Bayfront and Town Centre I Redevelopment Project Areas
(collectively "Project Areas") and the time limits to collect tax increment and repay indebtednes~
in the Project Areas, pursuant to California Health and Safety Code Sections 33333.10 and
33333.11 ("Project"); and
WHEREAS, staff received four bids in response to the Notice to Bidders, which were
reviewed by a panel of three individuals; and
WHEREAS, staff is recommending that the Rosenow Spevacek Group Inc. be awarded
the contract based on Consultant's history and proven track record of providing redevelopment
planning and other professional services to the City and Redevelopment Agency since 1988; and
WHEREAS, of four bids received by the City during the bid process, Consultant
submitted the most cost-effective bid based on the scope of services required to complete the
Project in the most timely manner; and
WHEREAS, the Project is a critical financial element for the successful elimination of
physical and economic blighting conditions in the Bayfront/Town Centre I Redevelopment
Project Area and will provide the Redevelopment Agency additional resources in the Project
Areas to finance public facilities and infrastructure improvements; and
WHEREAS, the Project will also enhance the Redevelopment Agency's ability and
financial capacity to facilitate revitalization and blight-eliminating activities in the Tov,TI Centre I
Redevelopment Project Area and in the City's Third Avenue Village downtown business district;
and
WHEREAS, the Project requires the City to follow certain procedural requirements as set
forth in the California Community Redevelopment Law (California Health and Safety Code
9933000 et seq.), including the establishment of remaining physical and economic blight in the
Project Areas and the preparation of various reports and documents for review by the City,
affected taxing entities, the California Department of Finance, the California Department of
Housing and Community Development, and the public; and
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WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement; and
WHEREAS, on June 10, 2010, the Chula Vista Redevelopment Corporation
recommended approval of the contract.
NOW THEREFORE BE IT RESOLVED, that the Redevelopment Agency of the City of
Chula Vista approves the contract with Rosenow Spevacek Group, Inc for professional
consultant services to assist in the redevelopment plan amendment process to extend for ten
years the effectiveness of the Redevelopment Plans for the Bayfront and Town Centre I
Redevelopment Project Areas and the time limits to collect tax increment and repay indebtedness
in the Project Areas, pursuant to California Health and Safety Code Sections 3"333.10 and
33333.11.
Presented by
Gary Halbert, AICP, PE
Deputy City Manager/Director of
Development Services
9-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO L BY
T CITY COUNCIL
Dated d,1 / ro
AGREE Nr'BET\VEEN THE
CITY OF CHULA VISTA REDEVELOPMENT AGENCY
AND
ROSENOW SPEV ACEK GROUP, INC. TO
PROVIDE REDEVELOPMENT PLANNING SERVICES
FOR BA YFRONT AND TOWN CENTRE I REDEVELOPMENT
PLAN ADMENDMENTS
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PARTIES AND RECITAL PAGE(S)
Agreement between
Chula Vista Redevelopment Agency
and
Rosenow Spevacek Group Inc.,
to Provide Redevelopment Planning Services
for Bayfront and Town Centre I Redevelopment Plan Amendments
Pursuant to California Health and Safety Code Sections 33333.10 and 33333.11
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 to this Agreement ("Exhibit A"), Paragraph I, is between the City-related entity whose
name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, on March 8, 2010, City issued a "Notice to Bidders" requesting proposals
to provide the City's Development Services Department professional consultant services tel assist
in the redevelopment plan amendment process to extend the effectiveness of the Redevelopment
Plans for the Bayfront and Town Centre I Redevelopment Project Areas (collectively "Project
Areas") for ten years and to extend the time limits to collect tax increment and repay
indebtedness in the Project Areas, pursuant to California Health and Safety Code Sections
33333.10 and 33333.11 ("Project"); and,
WHEREAS, City awarded the bid to Rosenow Spevacek Group Inc. based on
Consultant's history and proven track record of providing redevelopment planning and other
professional services to the City and Redevelopment Agency since 1988; and
WHEREAS, of four bids received by the City during the bid process, Consultant
submitted the most cost-effective bid based on the scope of services required to complete the
Project in the most timely manner; and,
'WHEREAS, the Project is a critical financial element for the successful elimination of
physical and economic blighting conditions in the Bayfront/Town Centre I Redevelopment
Project Area, and will provide the Redevelopment Agency additional resources in the Project
Areas to finance public facilities and infrastructure improvements; and,
WHEREAS, the Project will also enhance the Redevelopment Agency's ability and
financial capacity to facilitate revitalization and blight-eliminating activities in the Town Centre I
Redevelopment Project Area and in the City's Third Avenue Village downtown business district;
and,
Page I
9-8
WHEREAS, the Project requires the City to follow certain procedural requirements as
set forth in the California Community Redevelopment Law (California Health and Safety Code
9933000 et seq.), including the establishment of remaining physical and economic blight in the
Project Areas and the preparation of various reports and documents for review by the City,
affected taxing entities, the California Department of Finance, the California Department of
Housing and Community Development, and the public; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
marmer such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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Page 2
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
I. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
1 Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, 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 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, terminate this Agreement.
a. 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 the reduction.
b. Additional Services. In addition to performing the Defined Services, 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 1 O(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors. '
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
.provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notifY City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
I. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state,. or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
I. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
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.
2. Minimum Scope ofInsurance. Coverage must be at least as broad as:
a. COL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
b. Auto. Insurance Services Office Form Number CA 0001 covermg Automobile
Liability, Code I (any auto).
C. I'Ve. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. 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.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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Page 4
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. 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 eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, oftlcials, 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.
5. 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:
a. Primwy Insurance. 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,
oftlcials, employees, or volunteers is wholly separate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
b. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior \VTitten notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
c. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
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indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 ofthe Civil Code,
d, Waiver of Subrogation, Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement
6, Claims Forms, If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a, Retro Date, The "Retro Date" must be shown, and must be before the date ofthe
Agreement or the beginning of the work required by the Agreement
b, lvfaintenance and Evidence, Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement
c, Cancellation, If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement
d, Copies, A copy of the claims reporting requirements must be submitted to the City
for review,
7, 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 AM,
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated,
8, Verification of Coverage, Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section LC. of this Agreement,
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement 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.
9. Subcontractors. Consultant must include all sub consultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
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10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. 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 amount
indicated at Exhibit A, Paragraph 18, 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,
httl1:1/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 limits
so required. Form must be satisfactory to the Risk Manager or City.
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
its 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 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 bya 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.
E. 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.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
ofreviewing the progress of the Defined Services and Schedule, and to provide direction and
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guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City 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 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 II.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's 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 in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Pavment Not Final ApDfoval. The Consultant understands and agrees that payment to the
Consultant for any Proj ect cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
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determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. 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.
2. No Participation in Decision. 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.
3. 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.
4. 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.
5. 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 if Consultant learns of an economic interest of
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Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. 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.
b. 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.
c. 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.
d. 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 viritten permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. 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.
2. Amount of Penaltv. Failure to complete the Defmed 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 assigrunent 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").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
9-17
Page 10
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time 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 w.ork.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or 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.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including ",Tongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
Page 11
9-18
the City, its directors, officials, officers, employees, agents andJor volunteers, subject to
the limitations in Sections AI. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents andJor volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections AI. and A2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article y'shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A Termination 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, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. 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 [mished 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, in an amount not to
exceed that payable under this Agreement, 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 in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
9-19
Page 12
A Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Proj ect as City
may reqUlre.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all. Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
andrecord retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A 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.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Pennitted Subconsultants".
B. 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, copyrig~ts or patent rights by Consultant in the
Page 13
9-20
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.
C. 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, independent
contractors and shall not be deemed to be employees 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 to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
wTiting and filed with City and acted upon by 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 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.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
9-21
Page 14
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. 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
. amoWlt equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. 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 the 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.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. 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 in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it 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.
1. Capacity of Parties. Each signatory and party to this Agreement 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 necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. 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,
"-' ... 01 .....
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page 15
9-22
Signature Page
to
Agreement between
City ofChula Vista and
Rosenow Spevacek Group Inc.,
to Provide Redevelopment Planning Services
for Bayfront and Town Centre I Redevelopment Plan Amendments
Pursuant to California Health and Safety Code Sections 33333.10 and 33333.11
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
Rosenow Spevacek Group Inc.
By:
Frank Spevacek, Principal
Exhibit List to Agreement (X)
Exhibit A.
9-23
Page 16
Exhibit A
to
Agreement between
City of Chula Vista
and
Rosenow Spevacek Group Inc.
1. Effective Date of Agreement:
2. City-Related Entity:
( ) City of Chula Vista, a municipal charter~d corporation of the State of California
(x) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chu1a Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Rosenow Spevacek Group Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
309 West 4th Street
Santa Ana, CA 92701
Phone: (714) 541-4585
Fa'{: (714) 541-1175
Page 17
9-24
,
7. General Duties:
Consultant shall assist City in fulfilling the procedural requirements of the California
Community Redevelopment Law (California Health and Safety Code 9933000 et seq.) to
amend the Redevelopment Plans of the Bayfront and Town Centre I Redevelopment Project
Areas to extend for a period of 10 years the effectiveness of the plans and the time limits to
collect tax increment and repay indebtedness in accordance with Sections 33333.10 and
33333.11 of the Health and Safety Code. Generally, duties will include project coordination,
field surveys, blight research and analysis, coordination on City requirements for compliance
with the California Environmental Quality Act ("CEQA"), preparation of necessary reports
and plans, and meeting attendance.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall perform the following tasks:
Task 1 - Prepare Detailed Amendment Schedule
Ascertain the Chula Vista Redevelopment Corporation ("CVRC") and City
Council! Agency meeting and agenda deadline schedules and coordinate with staff in the
development of the project schedule. The schedule will articulate the task, timeframes,
and person responsible for each task.
Task 2 - Scoping Meeting
Consultant will meet with appropriate staff to refme the work effort, discuss critical
issues, and identify Agency staff that may be of assistance in assembling information for
the plan amendment. In preparation for this meeting, Consultant will review prior plan
amendments for the Project Areas. This will allow Consultant and Agency staff to
discuss the blight present at the time the Proj ect Areas were adopted, and learn from staff
about projects and activities that have remediated blight in portions of the Project Areas.
It may also provide guidance as to blighting conditions that have not yet been addressed,
such as groundwater contamination in the Bayfront Project Area. After the meeting,
Consultant will briefly drive through Project Areas which will provide guidance for the
parc'el-by-parcel blight survey. .
Task 3 - Baseline Data Collection
Either during the initial staff meeting or immediately thereafter, Consultant will contact
appropriate personnel to obtain readily available data on infrastructure deficiencies,
improvement plans, other Chula Vista Bayfront Master Plan ("CVBMP") development
standard documents, building code enforcement violations, crime statistics, real estate
vacancies, and land use impediments to identify the social, physical, or economic
problems in the Merged Project Area. This information will be compared to like data for
similar communities and/or the County to determine whether or not the Merged Project
Area is more impacted by physical and economic blighting conditions.
9-25
Page 18
Task 4 - Parcel-by-Parcel ~Iight Survey
A two- or three-member Consultant survey team will conduct a one- to two-day, parcel-
by-parcel survey of the Project Areas from the public right-of-way. To complete the
survey, Consultant will prepare a survey instrument that provides an electronic survey
sheet for each parcel within the Project Areas. The survey sheet will contain fields for
basic physical and economic information about the Project Areas compiled during field
inspection, including parcel-by-parcel blighting conditions as defined in the CRL.
Task 5 - California Environmental Quality Act ("CEQA")
Consultant will coordinate with Agency and City Planning staff to confirm that the
City/Agency will be able to rely on the certified Environmental Impact Reports ("EIRs")
for the CVBMP, Urban Core Specific Plan CUCSP"), and General Plan Update to
complete environmental review for the 1 0- Y ear Extensions under CEQA. Preparation of
an Initial Study and Negative Declaration may be required based on discussions with
Planning stat I. If so, Consultant has the ability to prepare draft CEQA documents in-
house and submit them to Agency/City stafffor review.
Task 6 - Prepare Necessary Documents
Prepare required documentation necessary for the I 0- Year Extensions pursuant to the
California Community Redevelopment Law (California Health and Safety Code 9933000
et seq.) CCRL"). Drafts will be forwarded to Agency staff for review and approval prior
to public distribution. These documents will include, but are not limited to:
. Preliminary Report - Consultant will prepare a Preliminary Report for the 10-
Year Extensions in accordance with'CRL Section 33333.10,33333.11, and
33344.5. This document outlines the reasons for amendment; presents a map of
areas no longer blighted, blighted, and necessary and essential to eliminate blight;
describes the remaining physical and economic blight; describes the
projects/programs proposed to eliminate blight, including why they are not
feasible without the 10- Y ear Extensions; assesses the feasibility of financing
redevelopment of the Project Areas; amends the Agency's current Five Year
Implementation Plan; provides a Neighborhood Impact Report; and a summary of
existing bonded indebtedness. The Preliminary Report will be transmitted to
affected taxing agencies, California Department of Finance, and California
Department of Housing and Community Development at least 120 days prior to
the public hearing, and will serve as the basis for potential taxing agency
discussions. It will also serve as the "Report on Blight" required by CRL Section
33451.5.
. Report to Council - Consultant will prepare the Report to Council required by
CRL Section 33352. This report forms the basis for a defense against legal
challenges, if any, to the 10- Y ear Extensions. The report also allows the Agency
to evaluate the financial feasibility and desirability of the proposed redevelopment
implementation projects and programs. Consultant shall prepare this report in
simple, direct language that is understandable to all reviewing parties.
. Redevelopment Plan Text - Consultant will prepare a single merged
Redevelopment Plan for the Project Areas. Concurrent with preparation of an
9-26
Page 19
amended and restated consolidated Plan, the existing Method of Relocation and
Owner Participation and Business Re-entry Guidelines for the Project Areas will
be reviewed and, if appropriate, Consultant will prepare consolidated documents
for the Project Areas so that the Agency is operating via one unified set ofmles
for relocation and owner participation.
. Public Improvement Projects List - The Public Improvements Projects List may
be updated to aid in the justification of the I 0- Year Extensions.
. Notices and Mailing Lists - With the assistance of Agency staff, Consultant will
prepare comprehensive mailing lists of all Merged Proj ect Area taxing agencies,
property owners, businesses, and residential occupants. Property ownership
information will be based upon the assessor's equalized roll. Consultant will work
with Agency Counsel to prepare all taxing agency and public notices, and ensure
that they are ready for transmittal in the timeframes required by the CRL.
Consultant will assume the responsibility oftransmitting all documents and
notices (excluding the environmental notices) to the taxing agencies as part of the
not-to-exceed fee. Consultant will prepare community meeting and public
hearing notices for review and approval by staff and Agency Counsel. Consultant
can oversee the actual printing, assembly, and mailing of such notices as an
optional service, charged in a time and materials basis.
. Staff Reports and Resolutions - Consultant staff shall assist in the preparation of
necessary staff reports and prepare draft resolutions for Agency Counsel review.
Documents will be sent in draft form prior to the Agency agenda deadline for
review and comments.
. Responses to Comments - Comments received at the public hearing in objection
to the amendment (Consultant fee includes responses to 10 objections. Additional
responses will be billed on a time and materials basis).
Task 7 - Meeting Attendance
Consultant will be available to attend meetings, or participate in teleconference calls
where appropriate, for project management team/staff coordination, Planning
Commission/CYRC hearings, community outreach sessions, and Agency Board
meetings/hearings as determined by Agency staff. Specifically, the following meetings,
at minimum, should be attended by Consultant:
. 2 team meetings with staff and Agency Counsel
. 4 Agency Board Meetings
. 2 Planning Commission Meetings
. 2 CYRC Meetings
. 4 Community/Advisory Committee Meetings
. 2 Public Hearings and City Council Meetings - I joint public hearing and I
adoption meeting if City receives written objections.
Additional meetings may be attended as needed.
9-27
Page 20
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
Deliverable No.4:
D. Date for completion of all Consultant services: December 31, 2011
9. Materials Required to be Supplied by City to Consultant:
During the course of the Project, Consultant shall make written and verbal requests for data
necessary to establish blight in the Project Areas and prepare the required reports and studies.
City staff shall assist Consultant in coordinating with all appropriate City Departments and
other local agencies to retrieve the requested data. Examples of data requirements include,
but are not limited to, code violations, Part I crimes, infrastructure and utility system
information, zoning, parcel-level GIS data, foreclosures, environmental contamination, etc.
Upon request, City staff shall also provide any historical reports and plans that may be
relevant to Consultant's research and analysis.
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all ofthe 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 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
Page 21
9-28
,
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.
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 Deliverab1es set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
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
9-29
Page 22
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement
Task I-Amendmentto Schedule
Task l-Scoping Meeting
Task 3-Baseline Data Collection
Task 4-Blight Survey & Documentation
Task 5-CEQA
Task 6-Prepare Documents
Task 7-Attend Public Meetings and Hearings
$2,470
$2,970
$12,680
$26,260
$3,395
$48,185
$34,800
$130,760
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amonnt, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $130,760, 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. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. 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.
(x) Reports in excess of five (5) copies.
(x) Copies in excess of five (5) copies.
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
9-30
Cost or Rate
Cost plus 10%
Cost plus 10%
$
$
$
$
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..
() Outside Services:
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
$
12. Contract Administrators:
City: Diem Do, Senior Project Coordinator
(619) 585-5731
ddorpci. chula -vista. c a. us
Consultant: Ken Lee, Senior Associate
(714) 316-2102
kleelai.webrsg.com
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code (Chula Vista Municipal Code chapter 2.02):
(x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments, sources of income and business interests.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No.4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
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administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) 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:
1. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(x) End of the Month
( ) Other:
C. City's Account Number:
2. . 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 shall be entitled
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9-32
"
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: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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