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HomeMy WebLinkAboutCC RESO 13,429RESOLUTION NO. 13,429 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND JOHN S. NOLTE AND ASSOCIATES FOR CONSULTING SERVICES FOR PREPARATION OF THE NATIONAL CITY LOCAL COASTAL PLAN BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute, and the City Clerk is authorized to attest, that certain agreement between the City of National City and John S. Nolte and Associates for the preparation of the National City Coastal Plan. PASSED AND ADOPTED this 02nd day of September, 1980. ATTEST: CONTRACT FOR PROFESSIONAL SERVICES IN CONNECTION WITH PREPARATION AND PUBLICATION OF THE NATIONAL CITY LOCAL COASTAL, PLAN The following is an agreement between National City, Califonia, hereinafter referredto as "City" and GEORGE S.NOLTE AND ASSOCIATES, a California corporation, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, the Consultant is'a duly qualified and experienced consultant in matters connected therewith, and has_ offered his -services. for the purposesspecified in the.. agreement; and WHEREAS, in the judgmentof the City Council - of said. City,. it is necessary and advisable to employ the services of said Consultant for said purposes in connection. with the proposed Local Coastal Plan, hereinafter referred to as. the "Plan". •NOW, THEREFORE, in consideration of thepromises hereinafter made and exchanged, the parties hereto agree as follows: • 1. 'Employment of Consultant: City agrees to employ Consultant and Consultant agrees to perform 'pro- fessional services for City in accordance with the pro- • • visions hereinafter contained in this agreement. • Consultant may employ the services of outside d isultants and subcontractors as he deems necesary to complete his work under this agreement. 2. Scope of. Services: Consultant shall provide basic and special services for the preparation of the Plan as described in Appendix A. • 3. Payment for Services: In consideration of the faithful performance of this agreement by Consultant, - City agrees to pay' Consultant a total fee of no greater than $34,820_00. 4. Progress Payments: Consultant may bill monthly for actual time and expense of services rendered. The cumulative amount billed shall not exceed $15,476.00 prior to the completion of the "Workshop for Working Papers", nor.$26,115.00 prior to the completion of the "Workshop on Final Plan and Implementation Package" provided said work shops are conducted within the "'Performance Schedule" at- tached hereto and hereby incorporated herein as "Appendix B". The remaining fees billed shall not exceed. $34,820.00 and become payable upon acceptance .of, the"Final Plan and - Implementation Package" by the City. Bills are due and payable to Consultant within. thirty days from the dateof the City's receipt thereof. 5. Acceptance: .The City shall accept the ' "Final Plan and Implementation Package" when the Local Coastal Plan is certified by the California State Coastal. - Commission. 6. Tima oe Pcrfartnan CtsitanL; shall t.01u4' metteaay_ _ cs cl` a Lt.k ' S "NuLLC .4, to -A n7 te . - a ` 3 Iicio ri �1�1a ' pea ee nt arl a+t ' .:� 't ssna.u. c:eliver Else "I'cainl Plaa1• as ;. upl mentatfon phase to the City on or 'before JAINary T6 f 79.R1 (See Attachment I) 7 Project Representation: Consultant and City shall each designate a project representative who shall be totally responsible for coordinating the efforts of the respective party with regard to the performance of the work as set forth under this Agreement. Project representative for the Consultant. shall be Michael Kennedy and project representative for the City shall be Malcolm C..Gerschler. Project representation may be changed upon the mutual agree- ment of the City and Consultant_ 8. Responsibilities of District: The City shall: a. Assist Consultant by placing at. his disposal available information pertinent to_ the project including previous re- ports and other data relative to the Plan; all of which Consultant may rely upon in performing his services. . Prepare a master mailing list of all -individuals and groups previously involved with community planning issues as well as all relevant public agencies andinterest groupsas mutually agreed to by the City and Consultant. . c. Duplicate and mail all notices of public hearings, workshops and availability of draft materials to persons and organiza- tions on the master mailing list_ -2- d.' Postall notices in public buildings in- . cluding, but not limited to, the City Hall and libraries. e. Duplicate and mail all draft materials to persons, agencies; and locations mutual- ly agreed to by City and Consultant.- 9. Additional Work: For any work directed by the City which is not delineated in Appendix A; a supplemental. agreement or amendment to this Agreement shall be entered into delineating the additional work, associated provisions and compensation for same prior to the Consultant performing said additional work. la. Termination of Agreement: This Agreement may be terminated by either party upon a major breach of this Agreement upon fifteen (15) days' written. notice. IfthisAgreement is terminated for any -reason, Consultant shall be paid for the reasonable value of services to the City up to the time for performance.. Except .as indicated above, Consultant services shall terminate ninety (90) days; after final acceptance of - the project or by mutual agreement of -the City and Consultant. This contractmay be extended beyond this date by mutual agreement of the Cityand. Consultant. 1l.. Non -Assignability: Consultant shall not assign or transfer this contract to any interest or obliga- tion:therein without the prior written consent of the City, and -then only upon such terms and conditions as City may set forth in writing. . 12. Waiver: In the event that either City or Consultant shall at any time or times waive any breach of this agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this agreement, whether of the same or any other covenant, condition or ob- ligation_. 13. insurance: a. Consultant shall obtain andkeep in force and effect during the term of this agree- ment personal injury, bodily injury, and property damage liability insurance, in- cluding contractual liability, with a combined single limit in the minimum -3- amount of One Million Dollars ($1,000,000), which policy shall name the City, itsof- ficers, employees, and agents, as additional insureds. Said policy shall also contain a provision indicating that said policy shall not be cancelled except upon thirty - (30) days written notice to the City. Consultant shall also obtain -and keep in force and effect during the term of this - Agreement professional liability insurance 'covering any loss arising out of. or re- lated in any manner to any errors, .omis- sions, .or negligent acts of Consultant, its employees and agents, in the minimum amount of One Million Dollars ($1,000,000) ._ 'Certificates of insurance, as required by subparagraphs "a". and "b" hereinabove, shall also be filed with the City within 10 days of executionof this Agreement. 14._ Notices: .All notices hereinafter shall be in.. writing and shy be sent by certified or registered mail, postage prepaid, addressed as follows: TO CITY: Planning Director City of National City 1243 National City Boulevard National City, CA. 92050 TO CONSULTANT: - GEORGE S. NOLTE AND ASSOCIATES 9455.Ridgehaven Court San Diego, CA 92111 15. Non -Discrimination: No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, sex, or religion of such person. 16. Costs and Attorney's Fees: The prevai ing party in any action brought to enforce or construe theterms of this •agreement may recover from the other party its reasonable costs *and attorney's. fees .expended in connection with suchan action_ 17. Agreement Contains All Understanding: This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotia- tions, representations, or agreements, either written or oral.. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement -4- are expressly made conditions.' This agreement shall be governed . by the laws of the State of California. 18. Ownership of Plan:. The Plan in its complete and incomplete form will be sole property of the City. The Consultant retains no ownership interest, no copyright,: no right whatsoever in the Plan. IN WITNESS WHEREOF, the City of National City, State of California, as authorized by the City Council at its meeting held on September 2, 1980 has caused its cor- porate name to be affixed hereto by KILE MORGAN, Mayor of said .City, and the Consultant have hereto set their hands andcorporate name the 22nd day of September,•1980. CITY OF NATi7I+I'L CITY,. CALIFORNIA GEORGE 5..; NOLTE AND ASSOCIATES Icy/ BY ti;, ' George S. Nolte, Jr. Regional Vice President -5- APPENDIX.A Scope of Services I. Planning Services - Working Papers The following described' Tasks shall generally result in•a document.with chapters describingthe following topics: Shoreline Access.• -The Working Paper on Shoreline Access shall include the following items:. • . (1) •An estimate of current and • future access demands, and existing and projected•traffic volumes and capacities for major access routes. - - (2) An investigation of methods` of. providing alternative transporratioamaodes:. Priorities and standards.for new accessways.-'-' (3) (4) Proposedmethods. to implement dedication and development of accessways...,. Recreation.. The Working Paper on Shoreline Access --shall evaluate existing and future recreational and :visitor serving demand_ c. Marsh Preservation_ The Working Paper shall be produced addressing the following: description of ecological sen- ._; sitivity of each habitat identified on the marsh; assessment of the impacts from existing and potential sedimentation, toxic chemical waste, and surface runoff; development of '• .strategies -for controlling these impacts without decreasing the marsh's productivity; development of methods to eliminate or reduceimpacts of any proposed flood control programs on the Paradise and Sweetwater marshes; consider- ation of compatible types of intensities of land uses - - necessary to protect the resources of the marsh; and recommendation of.a restoration and enhancement program for Paradise :marsh. The extent of public trust in the Paradise Marsh will also be delineated: Visual Resources. .The Working: Paperon Visual Resources- • shall identify scenic resources and evaluate existing - Controlls e. Industrial. Development. The Working Paper on Industrial Development shall evaluate demand by coastal -dependent_ industries 'for bayfront sites- f_ Housing- The Working Paper on Rousing shall propose _ a policy and program to provide comparable replacement housing within the city as a condition of public or private redevelopment which would remove existing housing units. 2. Planning Services - Plan Documents The following documents are to be submitted to the City for their use in the formal public review, comment, and adoption process. Preliminary Land Use Plan.. The Plan shall include a descriptive text on preferred land use designations.' Final Land Use Plan. 'The Plan shall include a statement of consistency between. the Land Use Plan and Coastal `". Act. c. Implementation Package. Thepackage shall include necessary ordinances and review procedures: Planning Services - Mapped Data• Maps: shall: Ise produced to -disinformation • topics: Recreation. A mapped inventory of potential areas for - recreation and visitor-servingfacilities shall be produced.. h.Marsh Preservation. Base maps (I"._ 200' scale) will be. compiled and transferred to mylar and will include appro- priate reference points. Separate maps will be produced for physical features and ownership and habitat types. c.: Land Use Maps. Maps designating future land use shall be ,prepared for the Preliminary and Final. Local Coastal Plans. 4. Special Service a._ Public Meetings. The Consultant shall conduct no more than . two public workshops during the preparation of the Plan. Within the scope of this contract, the consultant shall attend six -meetings during the public review and adoption. process. Copies of Reports. The Consultant shall submit originals and two copies of all reports, maps, and plans to the City except for the. ,Final Local Coastal Plan. The Consultant shall provide 50 copies of the Final Local. Coastal Plaa. • • A-2 APPENDIX B • Performance Schedule * Workshop for Working Papers and Preliminary Plan Workshop on Final Plan and Implementation Package Revisions. to Final Plan and _Implementation Package -and -, Submittal to City *For further details, refer to subpoint 6. Z-1/2 months .from the Notice to Proceed •2 months from the Workshop for Working Papers and Preliminary Plan" 2 weeks from the Workshop on Final Plan and- Im- plementation Package ime- of Performance, and. Appendix C. B-i Appendix C Revised Grant Request Federal funds for current Coastal Commission Local Coastal Program grants expire at the end of 1980. As opposed to prior years, this year the federal government will not allow the extension of any grant beyound Dec- ember 31, 1980. The National City LCP is now scheduled for submittal to the Coastal Commission in March, 1981. Therefore, to comply with current federal directives, a revised grant request must be submitted by the City. to the Coastal Commission. In effect, the revised request will divide the National City LCP into two separate phases: the first for year 1980 and the second for year 1981. The first phase will include the completion of the Preliminary Plan and Working Papers, and the second phase the comple- tion of the Final Plan and Implementation package. The consultant shall agree to prepare the grant request for the City. Said work shall be accomplished at no extra charge, but an allowance of two weeks shall be included in the first phase (1980) schedule. Futher- more, the new grant request will not involve the revision of the contract fees or their payment as established in subpoint 4. Progress Payments. C-1 Attachment I 6 Time of Performance - Consultant shall commence immediately upon receipt of City's "Notice to Proceed" to complete all work required herein in accordance with the performance schedule (Appendix B), and the following requirements. Con- sultant shall deliver the Preliminary Plan and. Working Paper phase to the City on or before December 15, 1980 provided that Notice to Proceed is delivered on or before October 1, 1980. The remainder of the program shall be completed in accordance with a. revised grant request to the Coastal Commission for the year 1981 (Appendix C). The completion and submittal of the Final Plan and Implementation Phase shall occur two months after the preliminary plan workshop, provided that the approval of the revised. grant request for 1981 does not cause delays.