1 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH KTUA
TO PROVIDE DESIGN, PRE- CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION FOR
EUCALYPTUS PARK RENOVATIONS
This Agreement is entered into effective as of October 25, 2022 ( the “Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation ( City) and KTUA, a California Corporation) Consultant) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City applied to the California Department of Parks and Recreation for grant funds available pursuantto the California Drought, Water, Parks, Climate, CoastalProtection, and Outdoor Accessfor All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to improve Eucalyptus Park; and
WHEREAS, on February 22, 2022, the City enteredinto Grant Contract SW-37-015 for Eucalyptus Park improvements; and
WHEREAS, in order to procure services for the design, pre-construction services, and construction administration of Eucalyptus Park, the City solicited proposals in accordancewith Chula Vista Municipal Code CVMC) Sections 2.56.080 for contracts exceeding $100,000; and 2.56.110 for professional services, received nine proposals, and selectedKTUA asthe most qualified amongstthosesubmitting; and WHEREAS, the design of the Master Plan and 100% Construction Documents will be managed and approved by the City in accordance with the objectives contained within the Parks and Facilities Guidelines, LandscapeWater Conservation Ordinance, LandscapeManual, aswell as, the City’s Construction Standards; and WHEREAS, Consultant warrants and representsthat it is experiencedand staffed in a mannersuch 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.
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2 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
OBLIGATORYPROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Partieshereby acknowledge, City and Consultant hereby agreeas follows:
1. SERVICES
1.1 Required Services. Consultant agreesto perform the services, and deliver to City the “Deliverables” (if any) describedin the attachedExhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essencefor this Agreement. The services and/or Deliverables describedin Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scopeof Work. City may independently, or upon requestfrom Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agreeto meet and confer in good faith for the purposeof negotiating a corresponding reduction in the compensation associatedwith the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinancesgoverning procurement and purchasingauthority, City may requestConsultant provide additional services related to the Required Services (Additional Services). If so, City and Consultant agreeto meet and confer in good faith for the purposeof negotiating an amendmentto Exhibit A, to addthe Additional Services.
Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “ Additional Services” shall also become “Required Services” for purposesof this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereundershall be performed in accordancewith the highest standardof care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standardof Care. Where approval by City is required, it is understood to be conceptual approval only anddoesnot relieve the Consultantof responsibility for complying with all laws, codes, industry standards, and liability for damagescausedby negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the needfor Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencementof its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, stateand local laws, including the Chula Vista Municipal Code.
1.8 BusinessLicense. Prior to commencementof work, Consultant shall obtain a businesslicense from City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractorsto be usedby Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 3 City of Chula Vista Agreement No.: 2022-174
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personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensurethat eachand every subcontractorcarries out the Consultant’s responsibilities asset forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencementof the Required Serviceshereunder, and shall terminate when the Partieshavecomplied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performanceof the RequiredServices, City agreesto compensateConsultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agreesto provide City with a detailed invoice for servicesperformed each month, within thirty ( 30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All chargesmust be presentedin a line item format with eachtask separately explained in reasonabledetail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any feesor expensesthat exceedthe estimatedbudget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty ( 30) days. Paymentshall bemadein accordancewith thetermsandconditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount duefor RequiredServicesdetailed on each invoice ( the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issuedto Consultant.
2.5 Reimbursementof Costs. City may reimburseConsultant’sout-of-pocket costsincurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall beresponsiblefor any andall out-of-pocket costsincurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excessof any agreedupon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligenceor actsof willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understandsand agreesthat payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 4 City of Chula Vista Agreement No.: 2022-174
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurancedescribedon the attachedExhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurancemust be disclosed to and approvedby City in advanceof the commencementof work.
3.3 Standardsfor Insurers. Required Insurancemust be placed with licensedinsurers admitted to transact businessin the State of California with a current A. M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ( LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insuranceissuedby the StateCompensationFund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separatecertificates and endorsementsdemonstrating separatecoverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insuredswith respectto any policy of generalliability, automobile, or pollution insurancespecified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsementto the Consultant’s insurance using ISO CG 2010 ( 11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.
3.6 General Liability Coverageto be “Primary.” Consultant’s general liability coveragemust be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurancemaintained by the City, its officers, officials, employees, or volunteers is wholly separatefrom the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurancepolicy may be canceledby either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for eachRequired Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsementsnecessaryto demonstrateto City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 5 City of Chula Vista Agreement No.: 2022-174
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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” or any similar languagemust be deletedfrom all certificates. The required certificates and endorsementsshould otherwise be on industry standardforms. The City reservesthe right to require, at any time, complete, certified copies of all required insurance policies, including endorsementsevidencing the coverage required by thesespecifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or AsbestosPollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five ( 5) years after completion of the work required by this Agreement. c. 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 this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five ( 5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurancecoverageprovided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers ( collectively, Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, including reasonableattorneys’ fees and court costs), liability, loss, damageor 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 Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expensesarising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connectedwith, causedby or claimed to be causedby the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent actsor omissions of the Consultant, its employees, agentsor officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.
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4.3 Costsof DefenseandAward. Included in Consultant’s obligations underthis Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedingsthat may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expensesand costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not belimited to insuranceproceeds, if any, receivedby the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuseany of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agreesto pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’sobligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agenciesto publicly disclose certain of their personal assetsand income using a Statementof Economic Interests form ( Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attachedExhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and representsthat it hasdisclosedto City any economic interestsheld by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is thesubjectof this Agreement. Consultant warrantsandrepresentsthat it hasnot employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or securethis Agreement. Further, Consultant warrantsandrepresentsthat it hasnot paid or agreedto pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokeragefee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agreesto notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of thesewarranties, City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reasonwhatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreementsor conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five ( 5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 7 City of Chula Vista Agreement No.: 2022-174
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to City’s specified termination date, and City agreesthat the specified Default is capableof being cured, City may grant Consultant up to ten (10) additional days after the designatedtermination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensationfor work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspensionfor Convenience of City. City may suspendor terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen ( 15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately ceaseall work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City' s sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requestedor approved by City in advancethat would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordancewith the terms of this Section, Consultant hereby expressly waives any and all claims for damagesor compensation as a result of such termination except asexpressly provided in this Section 6.
6.4 Administrative Claims Requirementsand Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presentedin writing and filed with City and actedupon by City in accordancewith the proceduresset forth in Chapter 1.34 of the Chula Vista Municipal Code, assamemay be amended, the provisions of which, including such policies and proceduresusedby City in the implementation of same, are incorporated herein by this reference. Upon requestby City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construedin accordancewith the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in SanDiego County, Stateof California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consentsto service of processon Consultant by first class mail directed to the individual and addresslisted under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “ Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 8 City of Chula Vista Agreement No.: 2022-174
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Statesor in any other country without the express, prior written consentof City. City shall haveunrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except asmay be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generatedas Work Product, Consultant shall make available to City, upon reasonablewritten request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications andtraits. Consultant shall not assignany of its rights or responsibilities underthis Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and representsthat they have the authority to execute sameon behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executedin counterparts, each of which shall be deemedan original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement betweenthe Partieswith respectto the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneousagreements, understandings, representations, warranties and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agreesto maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants.
8.7 Further Assurances. The Parties agreeto perform such further acts and to execute and deliver such additional documentsand instruments asmay be reasonablyrequired in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agentsor volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (Consultant Related Individuals), except assetforth in this Agreement. No Consultant RelatedIndividuals shall be deemedemployeesof 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 compensationbenefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of sameand shall hold the City harmless with respectto same. Consultant shall not at any time or in DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 9 City of Chula Vista Agreement No.: 2022-174
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any manner representthat it or any of its Consultant Related Individuals are employees or agents of City.
Consultant shall not incur or havethe power to incur any debt, obligation or liability whatsoeveragainstCity, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demandsand requeststo be sent to any Party shall be deemedto have been properly given or served if personally served or deposited in the United Statesmail, addressedto such Party, postageprepaid, registered or certified, with return receipt requested, at the addressesidentified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. EachParty agreesthat the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the sameforce and effect as manual signatures. Electronic Signature meansany electronic sound, symbol, or processattached to or logically associatedwith a record and executedand adoptedby a Party with the intent to sign suchrecord, including facsimile or email electronic signatures, pursuantto the California Uniform Electronic Transactions Act ( Cal. Civ. Code §§ 1633.1 to 1633.17) as amendedfrom time to time.
End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
WITH KTUA
TO PROVIDE DESIGN, PRE- CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION FOR
EUCALYPTUS PARK RENOVATIONS
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agreethat they have read and understood all terms and conditions of the Agreement, that they fully agreeand consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
KTUA CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ CHRIS LANGDON* MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
Signature Authorization required.
https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid- 19 Work From Home/Projects/Eucalyptus Park/Agreements/Attachment 3 - Eucalyptus Park Two Party Agreement KTUA - 10.19.22-EScribeREVFinal.docx DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 For
11 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice A. City Contract Administration:
Patricia Ferman
276 Fourth Avenue, Building B, Chula Vista, CA 91910
619-409-3890
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca. gov
B. Consultant Contract Administration:
KTUA
3916 Normal Street, San Diego, CA 92103
619-294-4477 ext. 115
[email protected]
For Legal Notice Copy to:
Todd E. Doyle, Solomon Minton Cardinal Doyle & Smith LLP 701 B Street, Suite 520, San Diego, CA 92101
619-237-8822
[email protected]
2. Required Services
A. General Description:
Consultant team formed by KTUA and sub-consultantslisted in Section 5 herein (KTUA team) shall provide design, pre-construction, and construction administration for Eucalyptus Park renovations (CIP PRK0340).
B. Detailed Description:
Phase 1 Project Initiation, Community Outreach and Management Phase1 includes project managementtaskssuchaskick- off andteammeetings, preparationof meeting agendas and minutes, schedule and project updates and plan quality control checks. Two public outreach and stakeholdermeetings shall be held with associatedmeeting materials, surveys, and public notices. Additional special meetings shall be held with the Parks and Recreation Department, Parks & Recreation Commission, and City Council. Bilingual representativesshall be presentat eachpublic meeting and bi-lingual versions of all meeting materials shall be prepared. Three design concepts and their associated narratives for the park restroomsand other improvements shall be presentedat the public outreachmeetings.
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Research and investigation of the existing site conditions including factors and conditions such as ADA compliance, utilities, site soils and drainage, existing vegetation, lighting, park layout, security concerns, park programming and construction access concerns shall be performed prior to the preparation of an Existing Conditions and Site Analysis Report. A boundary and topographical survey shall be prepared to accurately depict existing conditions of the project site.
KTUA team shall prepare a master plan incorporating the community’s list of desired amenities listed in the recently awarded grant for Eucalyptus park. Two public workshops shall be held with the community and stakeholders to refine and develop a final masterplan, with the City of Chula Vista’s approval. Presentations to the Parks and Recreation Commission and City Council will follow once there is an approved masterplan.
Task 1A: Project Kickoff and Surveys
Kickoff Meeting
KTUA team shall organize and attend a kick- off meeting with City staff and other relevant stakeholders at the project site to discuss project goals, schedule, process, and budget. The meeting will allow collaboration between the design team members and City staff to identify key issues, opportunities, and potential roadblocks affecting the planning and design of the new park and improvements. Each design team member shall examine and analyze the existing site and its adjacent context for all factors relevant to their individual design processand plan preparation. Site photographsand notes shall be taken in the field to inform later design efforts
Topographic Survey
KTUA team’s civil engineer (Hunsaker), shall have an aerial topographic survey performed to establish existing conditions and elevations to be used as a base map. Survey shall include tie-in to the City of Chula Vista control network and be preparedat minimum 1”=20’ scale with 1-ft max contours. Survey shall collect all site culture, curb lines, grade breaks, tree locations including diameters, corners of structures, visible utilities, etc. Limits of survey are within the park boundaries, including critical hardscapelocations for design and tie- ins such as curb, streets, manholes, etc.
Underground Utility Survey
Hunsaker shall provide utility location servicesto identify and mark out all utilities of record as well as try to identify any potential non-record utilities within the project limits of work so they can be located and reflected onthe final topographic andutility survey.
Acquire Utility As-builts from Utility Companies
Hunsaker and Michael Wall Engineering ( MWE), shall contact the relevant utility and franchise companies to obtain as built information. SDG& E and ISP assetmaps for the park and the associated area shall be requested to establish the basis of available infrastructure for use in future build outs.
Hunsakershall acquire horizontal and vertical utility information from the utility companies, and review record drawings provided by utility companies and franchise utilities to ascertain system location, depth, size, and type.
Incorporate As-Built Information into BaseFiles
Hunsaker shall incorporate the utility information into the project base files, reconciling with the topographic survey and site photos.
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Consultant Name: KTUA Rev. 9/15/20
Boundary Survey
Hunsakershall perform a Boundary Survey to establishthe exterior property lines andright-of-way limits of the project site. The boundary survey will be basedon public records reflective ofthe fee title property reported in the title report to be produced for the project. The boundary survey will be based on re- establishing Parcel 1 from Parcel 4619 together with a portion of Lot 14 of Map No. 505 and the monumentation reflected on said parcel maptogether with other public records oflocal monumentation perpetuatedthrough the years. The survey will be tied to the required City of Chula vista Geodetic Survey network reflected in record of Survey No. 14841.
Title Report and Encumbrance
Hunsaker shall coordinate the preparation of a title report from a title company reflective of the project site and shall draft easementsand encumbrancesfrom said title report into a land basemap.
Geotechnical Investigation
A geotechnical investigation shall be performed by Ninyo & Moore which will include a subsurface investigation in the areasof the proposed improvements. Ninyo & Moore shall utilize a drilling rig to excavate seven ( 7) geotechnical borings across the site. The borings will extend to depths of approximately 10-15 feet bgs in the areasof the play equipment, pickleball courts, splashpad, and other areasto receive improvements. Recreation field sport light poles will require borings of 20feet bgs with the exception of one 50-foot boring depth at one sport light pole. The objective of these borings is to determine the in-situ engineering characteristics of the soils and provide remedial grading recommendations for each location, and to provide data to complete a liquefaction analysis. Each excavation will be logged and sampled for laboratory testing by the geologist.
Infiltration Investigation
Due to the anticipated depth of groundwater, Ninyo & Moore anticipatesthat stormwater infiltration may not be feasible, therefore infiltration testing wasnotincluded in their scope of work. Since groundwater may be at depths of 9 feet or shallower and there needsto be at least 10 feet of distance between the bottom of an infiltration device and the top of groundwater, Ninyo & Moore will coordinate with Hunsakerto look into the needfor filtration installation in lieu ofinfiltration devices.
Lab Testing
Soil samples recovered by the geologist during the geo-technical investigation will be taken to Ninyo & Moore’s laboratory, where testing shall be completed to addressindex soil characteristics for both soil classification and correlation withsoil mechanicalcharacteristics (i. e., strength and compressibility).
Liquefaction Analysis
Ninyo & Moore shall conduct a liquefaction study at the site. Analysis of the potential for liquefaction and related settlement will be completed in areasof park improvements using the blow count data from SPT testing to a depth of 50 feet bgs. One of the geotechnical borings, to be performed nearthe location of a sports field light pole, will be extendedto a depth of 50 feet bgs. The borings will be excavated utilizing mud rotary drilling techniques. This includes the permit application, processing, andthe feesfor the County DEH boring permit.
Geotechnical Report of Findings with Recommendations
Following completion of the field investigation andlaboratory testing, Ninyo & Mooreshall preparea report addressing:
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 14 City of Chula Vista Agreement No.: 2022-174
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Geotechnical conditions encounteredon the site
All potential geologic and geotechnicalsite hazards
Remedial grading recommendations
Foundation recommendations for the playground equipment, fencing, light poles, and all other proposedpark structures
Pavement section recommendations for the sidewalks, pickleball courts, parking lot and other proposed pavement types
Recommendations for development of stormwater BMPs
Reporting shall be supported by graphics ( including boring logs and cross-sections) as necessary to support discussionsin the text of the report. The report shall be sealedby a State of California Certified Engineering Geologist and Registered Geotechnical Engineer.
Review and AssessPotential Utility Concerns
Hunsakershall preparea detailed topographic survey with all existing site featuresdocumentedincluding above and below- grade utilities. As part of the survey preparation, Hunsaker will acquire as-built utility drawings from the City and all relevant utility companiesto incorporate in the final CAD basefile. Once all utilities aredocumented in the project basefile, all utility concernsrelating to existing utility conditions and potential future conflicts with proposedproject improvements will be examined and a summary graphic prepared to illustrate the locations of each utility concern and/or potential conflict.
Review and AssessSite Drainage and Soils
A geotechnical investigation shall be performed by Ninyo & Moore to ascertainexisting soil conditions and characteristics and recommended improvement footings and paving sections. Site drainage will be addressedconsidering filtration investigation to developrecommendationsfor the additional impervious areasutilizing the City of Chula Vista BMP Manual. Each areawill be analyzed to design the most cost - effective solution for water quality.
Review and AssessExisting Vegetation
During the initial site kick- off meeting and other site meetings, KTUA team shall inventory and assessall existing vegetation for health, structure, form, maintenance needs/requirements, toxicity, invasiveness, and all other factors relevant to the design process. Existing trees in the proximity of proposed improvements shall be assessedby an arborist for health condition as well as potential impacts from proposed improvements.
Existing Conditions and Site Analysis Report shall include the Site Survey Report KTUA and Hunsaker shall preparean Existing Conditions and Site Analysis Report basedon the findings of the topographic survey, utility survey, and geotechnical investigation. The report shall include existing grades topography), demolition, utilities, soil conditions, site conditions, andexisting stormwater improvements.
Task 1B: Project Management ( Duration of Project)
KTUA shall be the primary point of contact for City staff for this contract and will maintain close coordination with the City, stakeholder agencies, and the consultant team to resolve questions and key issuesso that the project can proceed as scheduled. This task also includes in-house team management and administration.
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Consultant Name: KTUA Rev. 9/15/20
Coordination Meetings
KTUA shall schedule regular teleconference meetings with the design team and City staff to coordinate design efforts and answerany questionsthat may arise. Thesemeetingsmay vary in frequency depending on the current phaseof the project and needfor team coordination. During the preparation of construction documents for the proposed park improvements, the design team shall hold meetings at a minimum bi- weekly frequency to ensureadequatecollaboration and oversight.
Meeting Agendas and Minutes
KTUA shall preparemeeting agendasand notes for eachin-personand teleconferencemeeting to ensure efficiency and to establish a record of important project decisions and milestones. The agendasshall be distributed at least 24 hours prior to each meeting, and the meeting notes and action items will be distributed within 48 hours of the meeting. The meeting agendasand notes shall also be delivered to the City at the completion of the project aspart of the overall deliverables.
Monthly Schedule, Project Updates, and Invoice Submittals KTUA shall provide monthly schedule and project updates via Microsoft Project or equivalent software to the City, along with project invoices with current billing information on the project.
Project QA/ QC
Throughout the life of the project, KTUA and each project subconsultant shall perform quality control checksof all project documents/drawings and other deliverables to ensurethe highest levels of accuracy and excellence. The internal quality control processshall include a four- level check of all deliverables by design staff, the project manager, team leader, and principal- in-charge. KTUA shall perform thorough reviews of subconsultant drawings to ensurea high level of team collaboration and coordination between discipline drawing sets.
Task 2 Program Plan and Community Outreach
Program Plan
KTUA shall develop an updated program plan basedon the community’s input from the previous public outreach that occurred prior to this agreement. The plan shall identify the community’s preferred park improvements in preparation for the two community outreach meetings. KTUA will preparea preliminary plan for review with City staff prior to the first community outreach meeting. City commentsshall be incorporated into the plan and renderings and illustrative sections will be prepared for presentation to the community. Community and stakeholder input from the first community outreach meeting will be evaluated and integrated into a revised program plan. The revised program plan will be presentedat the secondcommunity outreachmeeting for community consensus.
Community Outreach
KTUA shall develop a plan to engagethe community and identify all key stakeholders interested in the analysis and design of Eucalyptus Park. The plan shall indicate the methods of advertisementfor public and stakeholder meetings as well as the means of engaging community members and gathering their commentsand feedbackduring the design process.
Community/ StakeholderMeetings (2)
KTUA shall organize and conduct two public outreach meetings to gather public input and feedback relating to the proposedEucalyptus Park improvements and park programming. For useat eachmeeting, DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 16 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
KTUA shall prepare meeting advertisements, surveys, presentations, graphics, and all other required meeting materials. A summary of public input shall be preparedfollowing eachpublic out-reachmeeting.
Community/ StakeholderSurvey (1)
A combination of online ( Survey Monkey) and physical surveys shall be provided to the public at each community meeting to solicit input and feed-back. The results of thesesurveys shall be included in the summary of public input that is prepared following each of the community meetings and will be utilized to inform revisions to the masterplan concept.
Meeting Graphics, Presentations, and Public Notices
For each community and stakeholder meeting, KTUA shall prepare all public notices/advertisements, graphics, presentations, and other visual and physical aids necessaryto communicate the design intent fully and effectively for the park improvements.
Bilingual Meeting Materials and Meeting Representative
All meeting materials shall be translatedinto Spanishto provide clear understandingfor both English and Spanish speaking meeting attendees. A bilingual Spanish/English representative from KTUA shall be present at each meeting to present materials to Spanish speaking community members and to field any questions they may have.
Final Master Plan
Upon completion of the community outreach processand with a preferred program plan vetted, KTUA shall prepare the final Eucalyptus Park MasterPlanfor proposedimprovements. The masterplanshall include a rendered park plan with improvement and materials callouts. The plan shall be supported by illustrative sections as needed.
Presentation and Adoption of Eucalyptus Park Master Plan KTUA, along with City staff, shall presentthe final EucalyptusPark Master Plan to both the Chula Vista Parks and Recreation Commission and City Council for approval and adoption of the master plan to move forward with final designand construction documents.
Phase 2 Final Design and Construction Documents
Phase2 shall include the preparation of detailed 20-scale construction plans and technical specifications for the renovated park improvements. Plans in the final construction setshall include title sheet, demolition plan, site and grading plan, utility plan, site electrical and lighting plan, hardscapeand paving plan, furnishings and amenities plan, planting and irrigation plans, and all required detail sheets. Specifications shall include all necessarytechnical specification Divisions applicableto the scope of work. This phase shall also include generation of a probable cost of construction and the City plan check review and permit process for the park improvement plans.
Tasks 3 – 5 Construction Documents
The KTUA team shall develop construction documents for the new park improvements. Plans shall include complete stormwater and drainage, landscapearchitecture and site design, electrical design, and structural design as required. The scopefor park improvements includes construction documents (50%, 85%, 100%, and Bid Document submittals) for installation of the proposed park improvements.
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 17 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
Title Sheet
A title sheet shall be prepared for the plan set based on the City of Chula Vista standards and will also include project location and brief description, an index of sheets, a list of consultants, applicable code requirements, and any other additional information as required.
Demolition Plan
Hunsaker shall prepare a site demolition plan including limits of demolition and specific items to be removed or protected in place. Irrigation and planting items shall be indicated on the landscapedemolition plan by KTUA.
Site Grading and Drainage Plan
A grading and drainage plan shall be prepared indicating the grading and spot elevations to accommodate all of the new park improvements and stormwater BMPs. Earthwork quantities shall be calculated with the intent to createa balanced site. In addition, the plans shall include general civil notes, typical sections and details, DMA/ Site Design BMP plan, and erosion control plan.
Stormwater Reports
Hunsaker shall prepare required stormwater and drainage reports and studies to support the design and stormwater permitting of the project. Thesereports shall include the project SWPPP, Drainage Study and Stormwater Management Plan, Stormwater Quality Management Plan ( SWQMP) and a Hydrology Report.
Utility Plans
Utility plans shall be coordinated with Hunsaker and MWE to show all wet and dry utility improvements required to support the new park improvements. Hunsaker and MWE shall coordinate with the utility companies for new services and meters to the park site for water and electricity.
Site Electrical and Lighting Plans
MWE shall prepare the site electrical and lighting plans identifying park power source, control panels, park site lighting, multi- purpose field lighting, pickleball court lighting and electrical and power connections as required within the park. Plans shall include construction notes, photometrics, fixture schedules, and installation details.
Structural Design
PSE shall provide structural evaluation, detailing, and required calculations for structural componentsof the project. Anticipated structural components shall include light standard foundations, fence post footings, ramp/stair/paving reinforcement.
Site Hardscapeand Paving Plans
KTUA shall preparethe site hardscapeand paving plans to identify paving and surfacing materials, colors, and finishes within the park. Plansshall include construction notes, schedules and legends, and construction details.
Site Furnishings and Amenities Plans
KTUA shall preparethe site furnishings and amenities plans for the park improvements. The plans shall identify park site furnishings such as drinking fountains, benches, bike racks, trash/recycle receptacles, etc. aswell as new play/fitness equipment, pickleballcourts, splashpad, skateplaza and bike park. Plans shall include construction notes, schedulesand legends, and construction details.
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 18 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
Planting and Irrigation Plans
KTUA shall prepare detailed planting and irrigation plans for all planting areaswithin the park limits of work indicating all irrigation equipment, heads, lateral and mainline runs, as well as the water and electrical points of connection. Plant speciesand quantities shall be indicated aswell asdetails for all plant types (trees, shrubsand groundcover). Irrigation details for all equipment types, heads, pipe and conduit trenching, and any other required details for the irrigation system shall beprovided. Water-usecalculations shall be preparedto confirm compliance withthe California Model WaterEfficient LandscapeOrdinance.
Specifications
The KTUA team shall prepare technical specifications that identify the types, manufacturer and/or qualities of materials to be usedor incorporated into the work, setting forth methods of installation and establishing the quality and workmanship of the finished work; and will be organizedto separatethose portions of the work which may logically be executedby different tradesor separatecontractors.
Estimate of ProbableCost of Construction
OCMI shall prepare construction cost estimates for the proposed park improvements for the master plan and each of the construction document design milestones including 50%, 85%, and 100% levels. The estimates shall include materials and labor, overhead and markups, and projected escalation to mid- point of construction.
City Permitting Review (50%, 85%, And 100%)
The KTUA team shall prepare a landscape construction document package with specifications for submittal in digital ( PDF) form and hard-copy sets, if requested, to the City for review and coordination at 50%, 85%, and 100% final stages. KTUA designteamshall submit the revised construction documents to the City of Chula Vista for plan check. If required, plans shall also be processedwith the City of Chula Vista Building Department for review and approval. KTUA team shall perform in-house design review and quality control of the project; and meet with the City to discusstheir review comments and prepare plan revisions and comment responsesas necessary.
Phase 3: Bidding and Construction Administration, and Record Drawings ( Task 6) Bid Support Services
The KTUA teamshall assistthe City of Chula Vista with bid support servicesincluding responding to bid period re-quests for information ( RFIs) and preparing bid addendaas necessary. KTUA shall assist the City with the review of bids and contractor selection.
Construction Administration
Pre-Construction Meeting
KTUA and design team representatives shall attend the preconstruction meeting to support City staff in their conversation with the awarded bidder. At this meeting, KTUA shall also highlight key aspectsof the construction drawing package, addressany important environmental or other requirements, and relay potential construction timing and phasing issuesrelating to the design to the contractor.
Construction RFIs
KTUA and the design team shall respond to any RFIs that arise during construction and issue formal responsesto City staff.
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 19 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
Submittal and ShopDrawing Review
KTUA and the design team shall review all material submittals and shop drawings provided by the contractor for the project during construction and provide formal comments or acceptanceto City staff. Thesewould include all paving and hardscape, park amenities and furnishings, lighting, utility, irrigation, and landscapesubmittals
ReviewContract Change Orders
KTUA and the design team shall consult with the City on any change orders submitted by the contractor to review whether the change order is warranted and whether the prices seem reasonable.
Prepare Meeting Agendas and Minutes
KTUA shall preparemeeting agendasand minutes for all meetingsarising during the construction period. These will be provided to the City as part of the overall project final deliverables.
Construction Coordination Meetings
KTUA anticipates participating in bi-weekly construction coordination meetings including the contractor and City representatives to coordinate construction progress, issue coordination and resolution, and RFI and submittal tracking.
Construction Site Visits and Observations
KTUA and the design team shall conduct site visits during construction to review mockups, plant material at delivery, inspect irrigation pressure and coverage tests, and examine overall construction progress. At these visits, KTUA shall addressany on-site questions relating to the construction drawings that may arise. A follow- up site observation report shall be preparedafter each site visit documenting any informational items and issues observed in the field with photographsand notes.
Pre-Maintenance, Pre-Final, and Final Construction Site Walkthroughs and Punchlists Upon completion of construction, KTUA and design team consultants shall perform a pre- maintenancewalkthrough to assessthe project and confirm it is substantially complete andready to move into the establishment and maintenance period. A punchlist of necessarycorrections shall be prepared. Prior to the completion of the establishment and maintenanceperiod, KTUA shall perform a pre-final walk-through to identify any potential punchlist items that remain to be corrected prior to the City providing final acceptanceofthe project. After completion ofthe final punchlist items, KTUA shall perform a final walkthrough providing a thorough review of all constructedproject elementsincluding all park amenities and components, hardscape, irrigation, and landscapeelements and systems. With all punchlist items satisfied, KTUAshall issue a letter of acceptablecompletion.
Record Drawings
The contractor shall submit a full construction drawing set to the design team with accurate redline notes anddimensionsindicating actualconstructedconditions where significantly different from thoseindicated in the bid set drawings. KTUA and the design team shall preparefinal digital as-built/ record drawings for the project. The as-built drawings will be provided to the City in digital format and as a mylar physical drawing set. Verification ofthe contractor’s as-built redlines is not included in this task.
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 20 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
3. Term: In accordancewith Section 1.10 of this Agreement, the term of this Agreement shall begin October 26, 2022 and end on June30, 2025 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
Fixed Fee Paid in Increments. For the completion of eachDeliverable of the Required Services, asidentified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below:
Task No. Deliverable Amount
Task 1 Project Kickoff / Surveys $ 70,688
Task 2 Program Plan and Community Outreach $ 67,078
Task 3 50% Construction Documents $ 147,641
Task 4 85% Construction Documents $ 76,959
Task 5 100% Construction Documents $ 58,909
Task 6 Bid Support, CA, Record Drawings $ 64,138
Direct costs (Arborist $ 4,320; Survey
13,040; Geotech $13,600)
31,020
B. Reimbursement of Costs
Invoiced or agreed-upon amounts as follows:
1. A not-to-exceedallowance of $1,200.00 for printing and preparation of workshop materials. Only on a time and material basis.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for servicesperformed through June 30, 2025 shall not exceed $516,433.
5. Special Provisions:
Permitted Sub-Consultants:
Hunsaker (Civil Engineering and Surveying)
Ninyo & Moore ( Geotechnical Engineering)
Michael Wall Engineering ( Electrical Engineering)
Aquatic Design Group (Water Feature Designer)
PSE Engineers (Structural Engineering)
American Ramp Company (Skatepark/ Bike Park Designers)
OCMI ( Cost Estimating)
Tom Launder (Arborist)
Security for Performance: None
Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 21 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
conditions contained herein, provided that the amounts specified in Section 4 above may be increasedby up to Insert Percentageof Increaseor Actual Dollar Amount for eachextension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document.
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452 22 City of Chula Vista Agreement No.: 2022-174
Consultant Name: KTUA Rev. 9/15/20
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agreesto provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
General Liability:
Including products and
completed operations,
personaland
advertising injury
2,000,000 per occurrence for
bodily injury, personal injury
including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separatelyto this Agreement or the
general aggregate limit must be
twice the required occurrencelimit
Additional Insured Endorsement
or Blanket AI Endorsementfor
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
Must be primary and must not
exclude Products/Completed
Operations
Automobile Liability $ 1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’
Compensation
Employer’s Liability
1,000,000 eachaccident
1,000,000 diseasepolicy limit
1,000,000 diseaseeachemployee
Waiver of Recovery Endorsement
ProfessionalLiability
Errors & Omissions)
1,000,000 eachoccurrence
2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: KTUA Rev. 9/15/20
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statementof Economic Interestsform ( Form 700). Once filed, a Form 700 is a public document, accessibleto any member of the public. In addition, consultants designatedto file the Form 700 are also required to comply with certain ethics training requirements.3
A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4from disclosure.
B. Consultant NOT a corporation or limited liability company and disclosure designation is asfollows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL( S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at .)
Name Email Address Applicable Designation
KTUA [email protected] A. Full Disclosure
B. Limited Disclosure (selectoneor more of
thecategoriesunder which the consultantshall file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meetsthe definition of “Consultant,” pursuantto FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designateeachindividual who will be providing servicesto the City pursuantto the Agreement as full disclosure, limited disclosure, or excluded from disclosure, basedon an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, pleasedo not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK- FPPC, or 866) 275-3772 *2.
Pursuantto theduly adoptedCity of Chula Vista Conflict of InterestCode, this documentshall serveasthewritten determinationof theconsultant’s requirementto comply with thedisclosurerequirementssetforth in theCode.
Completed by: Bethany McDonnell, Landscape Planner II and Patricia Ferman, Principal Landscape Architect.
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A- 15-147 (Chadwick) (2015); Davis v. Fresno Unified School District ( 2015) 237 Cal.App.4th261; FPPC Reg. 18700.3 (Consultant defined asan “individual” who participates in making a governmental decision; “individual” doesnot incl ude corporation or limited liability company).
DocuSign Envelope ID: B0486E56- 0787- 4431- B362- 37B0166EB452