Loading...
HomeMy WebLinkAboutCC RESO 11,093RESOLTUION NO. 11,093 RESOLUTION AUTHORIZING THE EMPLOYMENT OF BIRD, FUJIMOTO AND FISH AS ARCHITECTS FOR THE PUBLIC WORKS YARD BE IT RESOLVED that the Mayor is authorized and directed to execute that certain contract by and between the City of National City and Bird, Fujimoto and Fish, Architects, to employ said architects for the design and execution of the proposed National City Public Works Yard. BE IT FURTHER RESOLVED said contract shall pro- vide for a gross fee to be paid to said architects of eight percent (8.%) of the cost of construction of said project. PASSED AND ADOPTED this 26th day of June, 1973. ATTEST: //) Q 93. AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DUNCAN & JONES FOR PROFESSIONAL SERVICES TO PREPARE A GENERAL PLAN AND OTHER STUDIES AND PLANS THIS AGREEMENT, entered into as of this )), y of , 1973, by and between Duncan & Jones (herein called the "Con.ctor") and the City of National City (herein called the "City"). WITNESSETH THAT: WHEREAS, the City has need of certain information, planning studies, plans, and ordinances for proper conduct of the plan- ning function in National City; and, within the limits of its resources, is willing to reimburse the Contractor for his ser- vices; and WHEREAS, the City desires to engage the Contractor to render certain technical and professional services in the preparation of a general plan, selected general plan elements, and other studies; and WHEREAS, the Contractor made a proposal for the performance of certain technical studies dated May 21, 1973 and said proposal was acceptable to the City; NOW THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. EMPLOYMENT OF CONTRACTOR. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. SECTION 2. AREA COVERED. The Contractor shall perform all the necessary services provided under this contract in con- nection with and respecting the following area or areas, herein called the "planning area": All of the National City Planning Area as defined by the City. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR. Within ten days of the execution date of this contract by both parties, Contractor shall commence performance of the Project. A. The term "Project" as used in this Agreement shall mean carrying out the following approach to the planning of the City, of National City: 1. Review the City's existing 1966 General Plan and concentrate only on those areas where revision or extension of that Plan is necessary, adding the new mandatory Conservation, Seismic Safety, Noise, Scenic Highway and Safety Elements, tailoring to local needs the optional Recreation, Public Build- ing, Community Design and Redevelopment Elements, reviewing and updating to meet present State re- quirements, the already adopted Land Use, Population and Economic, Circulation, Public Facilities, Historical Interest and Housing Elements determining the requirements for a Capital ments Element. 2. Identify the City's physical and fiscal constraints and opportunities, such as the capacities of the sewer and water treatment facilities, problems of traffic congestion, pace, distribution and quality of development, local financial resources, etc. 3. Identify the City's social and housing constraints and opportunities, such as the type, age and condition of existing housing especially with respect to apartments, mixtures of commercial and residential land uses, age, family composition and income of residents, type of community services available, etc. 4. Identify the environmental and developmental con- straints and opportunities which are operative within the community, including such areas as the downtown area, older developed areas, lands subject to inunda- tion, the tidelands, valuable historic or visual resources and other natural resources in the planning area. and Improve- 5. Develop a Long -Term General Plan for approximately 10-20 years in the future, setting forth the long- term goals and objectives of the City, and also developing a Short -Term General Plan for the next 5 years or so, which will be used as a decision - making tool in the day-to-day planning process, as an official program of affirmative City -initiated actions, and -as a means of complying with the re- quirements of AB 1301. 6. Prepare an action program for implementing the two plans, which will include an environmental -economic - social impact assessment procedure, zoning and sub- division standards, an open space action program, and a capital improvement program. B. The term "project" shall also include all the tasks and items of work identified by phase, and listed in Exhibit 'A', at- tached hereto and incorporated herein. SECTION 4. PRODUCTS TO BE COMPLETED BY CONTRACTOR AND DELIVERED TO CITY. The Products listed in Exhibit 'B', attached hereto and incorporated herein are to be prepared by the Contractor in a form suitable for reproduction by the City. SECTION 5. TIME PERIOD, MEETINGS. A. The Contractor shall complete all tasks and all products described in this Agreement and its exhibits within nine (9) months of said execution date. In any event, preparation of the plan shall be completed in an appropriate form to permit adoption"by the City Council on or before April 1, 1974. B. The Contractor will meet with the technical staff of the City and other agencies involved as necessary. C. The Contractor will attend and make presentations to a maximum of eight (8) meetings of the Citizens' Advisory Committee, two (2) meetings of the Planning Commission, and two (2) meetings of the City Council, or any combination thereof, scheduled with the mutual concurrence of the City and the Contractor during the course of this project. The Contractor shall regularly inform the City in writing of each presentation to such meetings, and indicate the number of such meetings still remaining to be attended under the terms of this Agreement. D. Should Consultant be invited to attend meetings in excess of the numbers specified in C. above, Consultant shall be compen- sated in accordance with the firm's standard hourly rate schedule as set forth in Section 7.0 of this Agreement. E. In the event Contractor is delayed in the timely pro- secution of technical studies hereunder by City, its staff or employees, or is delayed by an act of God, or through no fault on the part of Contractor, Contractor shall present to City a written request for an extension of time for the perfoLmance of this Agreement. Approval of such extension of time by City shall not be unreasonably withheld and such additional time as City approves shall be added to the time otherwise specified in this Agreement for completion of this Project without added cost to the City. F. The Contractor will complete the work, as identified by phase in Exhibit 'A', in accordance with the schedule included as Exhibit 'C', attached hereto and incorporated herein. G. Work shall be submitted on a continuing, progressive basis to allow reasonable opportunity for review by participants to become familiar with material and prepare themselves for discussion. SECTION 6. PERSONNEL AND RESPONSIBILITIES. Contractor A. Douglas H. S. Duncan will be the Contractor's project manager. B. The Contractor will perform all tasks to the satisfaction of and subject to the review and approval of the City's Director of Planning. C. The Contractor represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. Such personnel shall not be employees, or recent employees of, or have any contractual relationship with the City, County of San Diego, or any other city or public agency in San Diego County. Contractor shall act as an independent contractor and not as an agent or employee of City. Contractor shall have exclusive and complete control over its employeed and subcontractors, and the method of performing the servies hereunder shall be determined exclusively by Contractor. D. Contractor is permitted to subcontract to others portions of the services to be performed under this Agreement subject to prior approval of City. Such approval shall not be unreasonably withheld. Subcontractors shall be solely and directly responsible. to Contractor and City shall have no obligation to them. City of National City E. The City will provide the Contractor with all existing available data, maps and studies without charge. F. The City will coordinate and arrange for all meetings. G. The City will reproduce all progress reports, working papers and the preliminary drafts of all products described in Section 3. in the numbers of copies required to meet the City's requirements, and will furnish ten copies of each to Contractor without charge. The Contractor will furnish City with finished typewritten copy of all such reports in a form prescribed by the City well in advance of scheduled meetings and hearings. The Contractor will be responsible for printing the final General Plan as adopted. H. .The officers, agents and employees of City shall cooperate with Contractor in the performance of services under this Agreement without charge to Contractor. Contractor agrees to use such services insofar as feasible in order to efficiently discharge its obligations hereunder. SECTION 7. FEE AND PAYMENT SCHEDULE. A. The total fee payable to the Contractor by the City for the services specified herein shall be fixed and shall not exceed $50,000.00. B. The fee shall be paid in accordance with the schedule included as Exhibit 'D', attached hereto and incorporated herein. C. For attendance at meetings in excess of the numbers specified in Section 5.0 of this Agreement, Contractor shall be compensated for each hour authorized by the Planning Director for such purposes plus necessary expenses, as per the following schedule: Partner - $30 per hour Senior Planner - $18 per hour Associate Planner -.$16 per hour SECTION 8. OWNERSHIP OF WORK. All finished or unfinished documents, data, studies., surveys, drawings, maps, models, photo- graphs, camera-ready material, and reports and materials prepared by the Contractor and its subcontractors under this Agreement shall be considered the property of the City, and will be turned over to City upon demand. SECTION 9. CHANGES. The City may, from time to time, re- quest minor changes, or shifts of emphasis, in the scope or timing of the services of the Contractor. Such changes shall be mutually agreed upon by Contractor and the City's Planning Director. Changes which substantially modify the scope.of service or the. completion dates specified herein, or increase or decrease the amount of the Contractor's compensation shall be incorporated in written and duly executed amendments to this Agreement. SECTION 10. TERMINATION FOR CONVENIENCE OF AGENCY. The City may terminate this Agreement any time by a thirty (30) day notice in writing from the City to the Contractor. If the Agree- ment is so terminated, the Contractor shall be paid an amount which bears the same ratio to the total compensation agreed to be paid hereunder as a reasonable value of the services actually performed bears to such total compensation. Upon receipt of written notice from City that this Agreement is cancelled, Contractor will submit an invoice to City for an amount which represents the reasonable value of services actually performed to the date of said notice for which Contractor has not previously been compensated. Upon approval of this invoice by City, Contractor shall be paid the sum found due, and City shall be under no further obligation to Contractor, monetary or other- wise. SECTION 11. ASSIGNABILITY. The Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Contractor from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. SECTION 12. PROFESSIONAL PERFORMANCE. The Contractor under- takes to perform the work under this Agreement to the satisfaction of the City, and in a workmanlike and professional manner. Accept- ance shall mean that Contractor has satisfactorily performed the technical studies required by this Agreement. SECTION 13. EQUAL OPPORTUNITY EMPLOYMENT. In connection with the execution of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Con- tractor shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employ- ment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, up -grading, demotion or transfer; recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall require its subcon- tractors to comply with this provision. NOTICE 14. NOTICES. All communications to either party by the other shall be deemed given when made in writing and delivered or mailed to such party at its respective address, as follows: City - Planning Director Planning Department City of National City City Hall 1243 National Avenue National City, CA 92050 (714) 477-1181 Consultant- Duncan & Jones 2161 Shattuck Avenue Berkeley, CA 94704 (415) 841-1101 SECTION 15. SIGNATURES. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto the day and year first above written. FOR: Contractor-(-DUNCAN & JONES By: ••,!, Dougla H.Sn, Partner For: City -- CITY OF NATIONAL CITY By: By: , Title: , Title: EXHIBIT B PRODUCTS TO BE COMPLETED BY CONTRACTOR 1. Issues and Objectives Report. This is a report on the issues as the consultants perceive them. The purpose is to elicit reaction and proposals from the CAC and City officials based upon the basic information and ideas expressed in the report. (One copy, for reproduction by City) 2. Draft General Plan Proposals. This report will be produced prior to the Preliminary Plan Report. The purpose of this document is to give the CAC and City Officials an oppor- tunity to review and comment on the preliminary proposals (constituting all aspects, elements, and procedures of the new general plan) while they are still in a tentative form. (One copy, for reproduction by City) 3. Preliminary General Plan, Long -Term and Short -Team. This report will be produced prior to'the public hearings to be P l C o ,7 1.. t, C i C i �- ....�u ica:an iiag �, vailtit 1. Cj jil7rl arlu 1.11C l..l ty 1.. t711 r1 C..L_. 11� will serve as the subject of the public hearings and can be amended to reflect the views of the Commission and Council. (One copy, for reproduction by City) 4. Preliminary General Plan Display Maps. These maps, one depicting the Long -Term Plan and One depicting the Short - Term Plan, will be at a large scale (1" = 500') designed for use at meetings of the citizens committees and at the public hearings. (One copy of each map) 5. Implementation Program. (May be integrated into the General Plan Report) This report will delineate the specific means available, or to be developed, to implement the proposed policies of the Short -Term General Plan, including area specific land use and zoning policies as required by law, open space conservation provisions, development policies and standards, and the economic -social -environmental impact assessment procedure basic to the decision -making system. (One copy, for reproduction by City) 6. Technical Report. This report will be a compilation of the data and references utilized during the course of the pro- gram. (One copy, for reproduction by City) 7. Adopted General Plan and Map. This report will be pro- duced after the public hearings, and will reflect the amendments made by the City Council and Planning Commission. The map will be printed in color at a scale of 1" = 1000', with a summary of the General Plan text on the reverse. (400 copies of the report, 1000 copies of the Map and Summary Report) The binding process will be handled in such a way as to enable the section on the Short -Term Plan to be easily amended by removing selected portions of the plan and replacing them with the amended versions. EXHIBIT A SCOPE OF WORK 1. Phase I: Analysis and Review, Expression of Community Needs and Desires a. Review aerial topographic -photo survey, and determine mapping format for General Plan Revision program from these or other city map sources. b. Examine all existing planning documents relating to National City, including the General Plan, citizen committee reports, current ordinances, adopted City policies and plans, surveys, studies and statistical materials (Land Use survey tabulations, census data, etc.) c. Review the existing administrative and executive decision - making processes and programming procedures in use by city officials. { d. Examine emerging trends and current conditions including such factors as land use, residential density patterns, structural condition and quality, economic factors (em- ployment, retail sales, etc.), fiscal conditions (prop- erty and other tax trends, governmental costs), trans- portation and circulation, population, and environmental and community design characteristics. e. Review pending and in -process plans and programs of the City, the private sector, and other public agencies within the planning area (such as.San Diego County, the State Division of Highways, the.School Districts, etc.). f. Identify and evaluate the current pattern of city and other public agency services, and any cost/revenue dif- ferentials in their distribution of significance to future development policy. Prepare these and other analyses in written and/or graphic form as required to communicate the consultant's g• perceptions of planning conditions, characteristics and issues in the National City planning area to the CAC and City officials. h. Redefine or restate long-term and short-term community goals and objectives by identifying issues and alter- natives based on the Analysis and Review work (a. through g. above). i. Submit materials outlining preliminary, first -cut alter- natives and options for plan implementation and for im- proving the decision -making process to the CAC and City Officials for their review and comment, to assist them in establishing more specific policy -directions where necessary, and to provide the consultant with a prelim- inary verification of the approach to be taken in the program, and of the relative emphasis and priorities to be addressed. 2. Phase II: Preparation of Draft Long -Term and Short -Term Plans a. Identify the range of options and alternatives apparently open to National City, the legal and financial resources which the City can expect to employ, and define the over- all physical and governmental framework within which decision -making can or will occur. b. Describe the apparent relative importance and interrelation- ships between the multitude of problems and issues which confront the city now and in the short-range future, and identify possible repercussions of a variety of actions/ responses. c. Define the strategies and allocate priorities for address- ing the problems and issues by projecting the effects of a range of actions or decisions, and measuring these effects against the consensus of community objectives and desires.* *It should be stated that while the purpose will be to strive for optimum conformity with community objectives and expectations, it may be that in some instances the least undesirable alternative will be the object of the selection process. d. Develop draft long-term and short-term physical plan elements (i.e. Land Use, Circulation, Housing, and Cap- ital Improvement) by integrating all relevant informa- tion and policy determinations on projected future development, population and economic factors into des- irable land use and housing patterns, with supporting transportation and circulation system (including bicycle paths), community facilities (including recreation, pub- lic buildings and facilities, historic sites, etc.), and qualified in community design terms. e. Develop draft long-term and short-term Environmental Management Elements by integrating the related open space, conservation, seismic safety, scenic highways, noise and safety elements, plus any existing plans for parks, recreation and trails into a single environmental management element. Express all elements of the Plan in a format and style facilitating the �] ratite of the the preparation �. 1' V1 the Environmental Impact Statement on the General Plan Revision. f. Prepare draft recommendations on the requirements to be met and the procedures to be followed by the City in com- plying with AB 1301 and bringing the Zoning Ordinance, amended if necessary, into consistency with the proposed short-term plan. g Prepare guidelines and criteria for a decision -making procedure to be applied on a specific basis in future development issues and questions. The revised General Plan shall be formulated and expressed in such a fashion that it will provide an overriding policy guide until it is amended. Amendments will be made on the basis of new, more detailed and specific information that may indicate that a change is required if a procedure will be defined by which specific findings of fact will be required to support amendment of the plan to better reflect stated community objectives. 3. Phase III: Stimulate Public and Official Review a. Publish draft general plan elements, guidelines and anal- yses of alternative options. b. Outline analytical procedures and findings, and describe the strategy definition/priority allocation process. c. Invite extensive CAC and official (City Council and Plan- ning Commission) review of and inputs into the planning program, and the products of Phase II. 4. Phase IV: Refinement and Integration of Plans a. Revise the draft long-term and short-term elements of the General Plan to reflect community input and comment, and consultant's additional analyses and evaluations of draft plans. Prepare preliminary plan products. b. Define specific means of implementation, and indicate schedule for implementation for all proposals and recom- mendations in the short-term plan elements. Indicate existing derir.iencies in the rity's implementation procedures and outline remedial measures with respect to zoninc c. land use regulations, design review, the specific plan and capital improvement program. d. Describe the decision -making procedure, applying economic - social -environmental impact analyses, as an integral part of the General Plan implementation program. e. Outline procedures for reviewing and revising the Short - Term Plan and the action program for implementation within the framework of the Long -Term Plan, in order to reflect changes in current community objectives or new information, as well as the progress achieved up to that date. 5. Phase V: Hearings on the Preliminary General Plan (Weeks 30 through 38: 8 weeks total) a. Enable the CAC to prepare for the public hearings lead- ing to plan adoption by presenting the Preliminary General Plan (revision of the draft plans) to them at the earliest possible date. b. Present the Preliminary General Plan at the public hearings held by the Planning Commission and City Council with the participation of city staff. c. Seek to obtain official adoption of the Preliminary General Plan as the Revised General Plan (with what- ever amendments or changes the Commission and Council choose to make) no later than the end of Week 38 (March 29, 1974). 6. Phase VI: Preparation and Publication of Adopted General Plan (Weeks 36 through 44: 8 weeks total) a. Prepare and produce the final General Plan Report and Map(s) as adopted by the Commission and Council and in keeping with the present requirements of State and other applicable laws. (The city staff will be free to start work on the Implementation Program for submission to the City Manager for 1974-75 budget purposes immediately upon adoption of the General Plan by the City Council, and will - not need to wait necessarily until the final General Plan report is printed.) EXHIBIT C: WORK SCHEDULE PHASES OF WORK PHASE I Analysis and Review PHASE II Draft Plans PEASE III Public and Official Review PHASE IV Refinement, Integration of Plans PHASE V Public Hearings and Adoption TERM OF PROGRAM BY WEEKS* PHASE VI Publication of Adopted General Plan PHASE VII Refine Plan Assessment, Implementa- tion Procedures 4 12 20 24 22 32 36 44 44 it, III• 1 1 1,f L. D 9 El 0 Dr' 0 0 II 0 06 , Meetings CAC City Planning Commission City Council Reports (no. refs as listed in Exhibit B) Principal working period k, Preliminary review or continuing study cmcomor2 0 * Assumes program starts 314ly 9, 1973, with - elapsed period of 38 wee 10 to plan adoption, extending through week ending Friday, March 29/74. WM' EXHIBIT D: PAYMENT SCHEDULE The schedule for payment shall be as follows: TOTAL FEE $50,000 Upon submission to the Planning Director of monthly statements, including a synopsis of the work performed for which payment is requested, as follows: Payment # 1 : 1 month after execution of Agreement $ 5,500 Payment # 2 : 2 months 5,500 Payment # 3 : 3 months 5,500 Payment # 4 : 4 months " " " " 5,500 Payment # 5 : 5 months 5,500 Payment # 6 : 6 months " " II 5,500 Payment # 7 : 7 months 5,500 Payment # 8 : 8 months it It II II 5,500 Payment # 9 : Uponglr,_mission of final General Plan 6,000 and completion of all work contracted for to the Planning Director's satis- faction.