HomeMy WebLinkAbout2003 CON CDC Estrada Land Planning - Professional ServicesAGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND
ESTRADA LAND PLANNING
THIS AGREEMENT is entered into this 7T11 day of October, 2003 by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, (the "CDC"), and Estrada Land Planning (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to develop a
comprehensive Master Plan for the Highland Avenue Master Plan Project.
WHEREAS, the CDC has determined that the CONTRACTOR is qualified by
experience and ability to perform the services desired by the CDC, and the CONTRACTOR is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CDC for such services, except as authorized in
advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep
staff and the CDC Board advised of the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
ORIGINAL
3. PROJECT COORDINATION AND SUPERVISION.
Benjamin Martinez hereby is designated as the Project Coordinator for the CDC and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a
single Projcct Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONTRACTOR. Steve Estrada thereby is designated as the
Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The total cost for all work
described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base Amount)
without prior written authorization from the Executive Director. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A" as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CDC
and for furnishing of copies to the CDC, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project arc set forth in Exhibit A.
6. DISPOSITION AND OWNERSIIIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CDC for use with respect to this Project, and shall be turned over to the CDC upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CDC and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under this
agreement, except upon the CDC's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CDC, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CDC's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability
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to the CDC should the documents be used by the CDC for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CDC and is not entitled to any of the rights, benefits, or privileges of thc CDC's
employees, including but not limited to medical, unemployment, or workers' compensation
insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CDC for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by thc CONTRACTOR without the prior written consent of the
CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for thc
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of thc CDC, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CDC wholly independent contractors and that
thc CONTRACTOR's obligations to the CDC arc solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of thc City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the CDC.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
arc legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
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1 1 . STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations.
The CDC expects that the CONTRACTOR shall take all special precautions necessary to protect
the CONTRACTOR's employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CDC that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional perforniancc or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CDC, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CDC are
reasonably commercially available. Any failure by the CONTRACTOR to use due diligence
under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any reasonable
substitute within a price range that allows for project completion in the time frame specified or,
when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
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any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to indemnify, defend, and hold harmless the CDC, the City of National City, and their
officers, employees and volunteers, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings,
costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by
anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amcndments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CDC and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs prcsentcd, brought or recovered against
the CDC or its officers, employees, or volunteers, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by the CONTRACTOR
under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
n A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
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C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property damage
arising out of its operation under this Agreement.
D. Workers' Compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CDC, its
officers, employees, and volunteers, so that any other policies held by the CDC shall not
contribute to any Loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CDC's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CDC may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
l7. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's
fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
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18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
partics, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be bome equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall he effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said
written material shall vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in busincss name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
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the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To the CDC:
Paul Desrochers, Executive Director
Community Development Commission of the City of National City
140 East 12`h Street, Suite B
National City, CA 91950-3312
To the CONTRACTOR:
Estrada Land Planning
755 Broadway Circle, Suite 300
San Diego California 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or
material for the project in which the CONTRACTOR has a material financial interest, either
dircct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all
times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CDC in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
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The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or
expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall he deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordancc with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to he bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities arc to be resolved against the
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drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
COMMUNITY DEVELOPMENT OF
THE CITY OF NATIONAL CITY
By:
Paul Desroc ers
Executive Director, CDC
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
By:
By:
ESTRADA LAND PLANNING
(Two signatures required)
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EXHIBIT "A"
PROPOSAL/AGREEMENT FOR PROFESSIONAL SERVICES
DATE: September 30, 2003
TO: Ben Martinez
Assistant Director
Community Development Commission
of the City of National City
140 E. 12th Street, Suite B
National City, CA 91950
PROJECT: City of National City - Highland Avenue Streetscape Master Plan
PROPOSAL NO. 990480
Between ESTRADA LAND PLANNING, INC. (hereinafter referred to as Consultant) and The City
of National City (hereinafter referred to as Client).
A. PROJECT DESCRIPTION
Landscape Architectural services for the preparation of a concept master plan for the
streetscape improvements and two Thematic Districts, "Cocina Mexicana" District (from 16"'
Street to 24th Street) and "El Pueblo" District ( from 2nd street to 7th street). Improvements will
be along the entire length of Highland Avenue within the public right-of-way.
The primary goal is to develop a comprehensive plan that supports the City's redevelopment
goals and vision for the revitalization, improvements and beautification of the streetscape.
The project has several goals and objectives. The project design should:
• be creative, respond to community and City Council concerns, be economically feasible,
be easy to maintain, be easily implemented within a future BID;
• be acceptable to the community;
• create an image that responds to the nature of the project site,
• consider existing and future land uses;
• be completed within four months and be easy to construct as soon as possible after
concept approval.
• provide concepts that are safe from a pedestrian and vehicular viewpoint; and
• provide a thematic master plan for two distinctive commercial areas to encourage
visitors and enhance the shopping experience for consumers.
990480
September 30, 2003
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The above goals and their respective objectives will be realized by the utilization of a
systematic design process. The process will utilize community input, City Council input and
the design process described below to insure fulfillment of these goals.
The success of this project also depends on quality control, effective communication with the
community and proper mitigation of any concerns the community may have.
B. SCOPE OF SERVICES
Upon finalizing the contract, the consultant will conduct a design team/client team meeting
to discuss the following:
1. Project Start-up
• Define the project opportunities and constraints and schedule.
• Discuss the vision for the physical improvement, the goals of economic
revitalization of the area, the image for Highland Avenue corridor, and the
practical, physical and fiscal constraints.
Prioritize the Project goals and issues.
• Consultant will review existing City of National City plans, documents, base
maps, and aerial photographs provided by the City of National City to
determine if any future development or improvements may have any impact
on the site or traffic studies. These items will help to determine if other
information or services are required to begin subsequent work tasks.
Fee:
Estrada Land Planning: $ 9,000
Nasland Engineering: $ 680
Katz, Okitsu and Associates: $ 665
CWA, Inc.: $ 3,590
Total Sum: $13,935
2. Site Analysis and Evaluation
An analysis of the project site will be performed, consisting of a field reconnaissance,
photo survey and research (field work).
a. The consultant team will inspect and review the existing right-of-way landscaping
and improvements condition, including but not limited to (not prioritized):
• Median conditions, median curb and gutter, median landscaping and surface
condition;
990480
September 30, 2003
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• Storm drain pipe, cleanouts, and inlet rehabilitation/replacement;
• Drainage improvements;
• ADA accessibility and safety requirements compliance;
• Curb ramps, sidewalk and other Portland Cement Concrete repair;
• Traffic circulation, replacing/upgrading broken loop detectors and obsolete
traffic signal equipments;
• Street lighting appurtenances; and
• Traffic striping.
b. Consultant will document the photographic survey (field work) for use and
reference during the design phases.
c. A site analysis plan will be prepared based on the review of the existing
documents, site conditions and possible design constraints. This document will
show/explain the opportunities, constraints, and basis of information from which
all preliminary design decisions shall be made.
Fee:
Estrada Land Planning: $25, 090
Nasland Engineering: $ 2,510
Katz, Okitsu and Associates: $ 7,165
CWA, Inc.: $ 6.97Q
Total Sum: $41,735
3. Civil Engineering
Nasland Engineering will be retained as the civil engineer to provide engineering
documentation for the anticipated site work, including base map development, street
improvement plans, estimates, plan check and comment responses. Detailed services
will include:
a. Prepare a 1 inch = 20 foot topographic survey for the entire length of Highland
Avenue. The limits of work will be from Division Street on the north to Brisbane
Street to the south (approximately 200 feet wide). One foot contour intervals will
be shown. The right-of-way and individual lots per the assessor's plats will be
plotted. Utilities (sewer, water and storm drain) will be researched from available
records and will be shown on the survey. This survey will be the basis for future
design.
b. Civil Engineering design services relating to the master planning of Highland
Avenue.
990480
September 30, 2003
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c. Prepare an opinion of probable construction costs for future construction phases
based on concept plan.
d. At least four (4) team meetings and two (2) public meetings throughout the
planning process.
Fee:
Estrada Land Planning: $5,000
Nasland Engineering: $50,490
Katz, Okitsu and Associates: $2,500
Total Sum: $57,990
4. Traffic Engineering Analysis
Katz, Okitsu and Associates will be retained as the project traffic engineers to provide
design services. Existing and future traffic circulation will be analyzed based on
median and roadway geometric concepts developed during the conceptual streetscape
design phase. The traffic investigation will focus on traffic circulation in the vicinity of
Highland Avenue and the two specific districts.
a. The City of National City does not have recent traffic counts available, therefore
traffic data will be collected at up to fourteen (14) locations within the project
vicinity. There are five (5) traffic signals in the study area and other unsignalized
intersections. Peak hour traffic counts at both the signalized intersections and at
least five (5) other signalized intersections will be collected. Additionally average
daily traffic will also be collected at up to four (4) locations in the project area.
b. The traffic analysis will include existing and future traffic level of service as well
as determining the effects of possible median closures or other conceptual
improvements that would alter the current traffic circulation.
c. The methodologies, assumptions and findings of the previous task will be
documented in a letter -style report that will contain appropriate text, tables and
graphics to support the analysis. A draft of this document will be prepared within
five (5) weeks of authorization and submitted to City of National City for review
and comments. Subsequent submittals will be made within two weeks of receipt
of comments. We anticipate at least two submittals of the document.
d. At least four (4) team meetings will be required to discuss the scope of the
project, a draft report, the final findings of the traffic analysis, and one additional
meeting for consensus building.
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Fee:
Estrada Land Planning: $5,000
Nasland Engineering: $6,000
Katz, Okitsu and Associates: $7.120
Total Sum: $18,120
5. Conceptual Design Plans
Consultant design team will develop one streetscape concept plan based on the site
conditions, traffic analysis, and community input. Consultant will coordinate two (2)
design team charette meetings. Consultant will attend one meeting with the City staff
to present the concepts and discuss the opportunities and constraints of each concept
with regard to the City's overall development goals. The conceptual design consistent
with the City's most current redevelopment and general plans shall be further
developed, presented and implemented as the final plan concept.
Through the design process, the project design will define a vision for the physical
improvement of Highland Avenue corridor, create a strong positive image for Highland
Avenue, and be cognizant of practical, physical and fiscal constraints, yet provide a
long-term investment for the community.
a. Community Workshops:
When so directed by City Project Manager, the consultant and appropriate
subconsultants will attend and make presentations at up to two (2)
community workshops and one (1) presentation to City Council.
• Workshop #1 - Consultant will hold an initial community workshop to
develop a database of community input, including ideas, opportunities,
potential constraints, concerns, etc. Consultant will analyze the collected
community input and produce altemative concept plans for presentation to
the public.
• Workshop #2 — Consultant shall hold a second workshop to present the
findings to the public and present options, with probable costs, explaining
the opportunities and constraints for each. A final altemative shall be
selected for further development as the final concept.
• City Council Presentation - Consultant will present a draft of the final
concept plan, explaining the opportunities and constraints and probable
construction costs, and how community consensus was achieved.
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b. Concept Plan Submittal
The concept plan submittal will consist of preliminary drawings showing existing
conditions and recommended improvements together with a preliminary opinion
of probable construction cost.
Specifically the submittal will show:
• Recommended cross street closures and re -use for public plazas/parking
• Curb location and proposed median configurations
• Type and details of paving
• Storm drainage recommendations
Locations of design features
Public art design opportunities
Illustrative facade improvement concepts for two thematic districts
Identity concepts
Graphic art concepts (signage and wayflnding)
Pedestrian related improvements
Preliminary details
Preliminary landscape planting
Landscape irrigation system concept statement
Consultant will prepare computer simulations of conceptual design alternatives -
maximum of four (4).
Fee:
Estrada Land Planning: $41,400
Nasland Engineering: $ 600
Katz, Okitsu and Associates: $ 600
CWA, Inc.: $25.395
Total Sum: $67,995
6. Business Improvement District Analysis
New City America, Inc. will be retained to provide a strategy for ongoing, special
benefit maintenance for the proposed Highland Avenue.
Formulation of Plan:
• Meet with Estrada Land Plan Principal and staff as necessary to devise system
for maintenance of public improvements,
• Analyze public official and private property level of support for establishment of
assessment district to maintain capital improvements,
• Make recommendations to Estrada Land Plan principals on successful use of
lighting, landscaping, and street design to enhance the identity of a business
district,
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• Consider appropriate legislation for the maintenance of the capital improvements
proposed for Highland Avenue,
• Field survey of proposed district to determine factors in creation of assessment
district,
• Submit preliminary plan including boundaries and anticipated revenue flow
projected to adequately maintain capital improvements,
Outreach:
• Meet with City and Community Economic Development Staff as directed or as
necessary to determine level of support for assessment district,
Meet with major stakeholders as directed, to ascertain their level of support for
self assessment and creation of a special benefits district;
Make recommendations to design team on frequency and placement of capital
improvements to enhance ambiance of business district,
Other Task:
• Integrate proposed project area with concept of linkage with other business and
commercial corridors throughout the City
Fee:
Estrada Land Planning: $ 655
New City America, Inc: $15, 000
Total Sum: $15,655
7. Final Conceptual Design Plans
Final Conceptual Design plans will be provided based on final comments from the City
of National City and will include the following items:
Project goals, priorities, and significant issues,
Opportunities and constraints analysis,
Project goals, priorities, and significant issues,
Cross -sections, colored presentation plans, of key areas to illustrate concepts,
Conceptual drawings of proposed improvements. Included will be:
Conceptual street improvement plans
Design details
Pedestrian related improvements
Planting concepts
Color computer generated visual simulations will be prepared for typical views of
the project site. Existing and proposed design will be illustrated for each view.
Traffic and drainage summary analysis and traffic signal modification concepts.
Signage and graphic concepts.
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ADA analysis of existing conditions and recommendations.
Preliminary opinions of probable construction cost for construction of
improvements.
Plans will be prepared using Autocad software allowing ease of information exchange and
responsiveness to changes.
a. Final concept design drawings will be produced, providing sufficient detail and
accuracy, which will lead to the subsequent production of construction drawings
as the immediate first step in implementation. Said plans will also be the basis for
decisions made in the City's Capital Improvement Program and redevelopment
projects along Highland Avenue.
b. Project final concept level package shall include the following deliverables:
one set of reproducible plans, 'D' size mylars, one report, drawing files, Engineer's
Opinion of Probable Construction costs, and electronic files.
c. The plans will include information ready for submittal for competitive grant
funding.
d. The design work shall be in conformance with City of National City design
standards, Green Book standards, San Diego Regional Standard Plans and
Specifications, Caltrans design standards, and City traffic control devices and
traffic marking specifications and standards.
Fee:
Estrada Land Planning: $21,600
Nasland Engineering: $ 300
Katz, Okitsu and Associates: $ 465
CWA, Inc.: $15, 940
Total Sum: $38,305
C. FUTURE ADDITIONS
Estrada Land Planning can also provide the following services for additional fees to be
estimated at time of request:
Conceptual Phase
Additional concept studies other than those listed above
Web Site Design
Public Art Integration
Construction Document Phase
Soil horticultural analysis and/or testing
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Geotechnical services (ELP can oversee and direct these consultant services)
Traffic control plans
Traffic signal relocation or modification
Striping plans
Demolition plan
Grading or drainage plan
Modification of subsurface drainage, connections to storm drains
Curb and street improvement plans
Construction staking/layout plans
Lighting and electrical plans
Street lighting
Utility relocation plans
Wall / fence plans and details
Planting plan, other than conceptual plans
Planting or improvements beyond the project boundaries
ADA access drawings, studies, compliance analysis from public right-of-way to
project limits
Parking lot inventory and layout revision studies, plans, recommendations,
reports, or drawings.
Irrigation plans
Water management plan
Storm Water Pollution Prevention Program (SWPPP)
Model complex design
Changes to the design concept after commencement of construction document
phase
Changes to the design concept due to changes to applicable codes, laws and
regulations after the execution of this agreement
Phasing of construction drawings requiring multiple plan submittals in addition to
those listed above
Plan submittals in addition to those listed above
Structural engineering and calculations
Design engineering of utility, mechanical and structural systems for pools, walls,
play courts and lighting
Bidding Phase
Bid services, forms and documents, excluding plans and specifications
Bid or contract administration
Construction Phase
Review of construction submittals
Site observations or inspections
Construction staking on site
Selection of plant material at nursery
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Permits
Graphics
Obtaining any necessary permits
Cost of permits and fees
Colored presentation drawings, in addition to those listed above.
Reports
Title reports
Environmental reports
Post Construction Phase
Record drawings
Plant establishment monitoring
Coordination/Meetings
Processing submittals through the governing agencies
Obtaining approvals from governing agencies
Coordination meetings in addition to those listed above
Meetings and/or presentations in addition to those listed above
Revisions
Misc
Changes required to the documents due to revisions in the grading or
improvement plans
Converting non-Autocad formats to Autocad format
Deliverables in addition to those listed above
D. PERFORMANCE SCHEDULE
Consultant will begin services on this project after a signed contract has been obtained. The
following performance schedule is based on tasks which are totally controlled by the Consultant.
The target dates set forth are subject to change for circumstances beyond the Consultant's control.
The Consultant will use its best efforts to accomplish the tasks in accordance with the
performance schedule.
Anticipated contract initiation is October 2003,
with a contract expiration date of February, 2004.
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Ta Target Date
1. Project Initiation/Data Collection 14 calendar days from receipt of signed contract.
(Base preparation and coordination meetings with design
team to be completed immediately following
finalization of contract.
2. Conceptual Design Plans
56 calendar days upon receipt of survey base
information (with two week review period for the
city)
3. Final Conceptual Plans 27 calendar days upon receipt of City of National
comments to Conceptual Design Plans (with one week review period for the city)
4. City Project Approval and
Submittal to National City
Final Plans (Mylar Submittal)
E. FEE
21 calendar days upon receipt of City comments to
Final Conceptual Plans
118 DAYS TOTAL (4 Months)
Payment Schedule
The phases listed below will be incrementally invoiced on a progressive basis as work is
completed. All invoices are due net thirty (30) days.
Base Fee
1. Project Initiation/Data Collection
a. Project Kick -Off Meeting
b. Review exiting documents, base maps, etc,
2. Site Analysis and Evaluation
a. Field Reconnaissance, photo survey,
and research.
b. Prepare Site Analysis Plan
$13,935
$41,735
3. Civil Engineering $57,990
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September 30, 2003
Page 12
4. Traffic Engineering Analysis
a. Conduct and collect traffic data
b. Prepare Traffic Analysis Report
5. Conceptual Design Plans
a. Develop two (2) Concept Plans
b. Design team charette meetings
c. Community Workshops
d. City Council Presentation
$18,120
$67,995
6. Business Improvement District Analysis $15,655
7. Final Conceptual Design Plans $38,305
(Fee valid thru 2004, if project is delayed, ELP will provide a new fee schedule
applicable at time project resumes)
TOTAL OF LUMP SUM SERVICES S253,735
Fees stated herein are valid for sixty (60) days from the date of the Consultant's signature.
If project is delayed, postponed or extended, Estrada Land Planning will provide a new time
table and fee schedule applicable to the time and services resulting from changes in
schedule.
F. ADDITIONAL SERVICES AND HOURLY FEE SCHEDULE
Any additional services which may be requested by the Client or required due to changes in
the project scope which are outside the control of the Consultant, may be requested on an
hourly basis or negotiated for a lump sum fee. Following is our current hourly fee schedule.
Our hourly rates are subject to change at any time with 30 days notice and will require your
approval to continue services.
Principal $200.00
Associate Land Planner/Landscape Architect 115.00
Land Planner/Landscape Designer 90.00
Draftsperson 65.00
Clerical 45.00
Hourly fees shall apply to travel time. Client authorized consultants may be subcontracted
to the Consultant with their fees charged to the Client at cost plus 15%.
G. CLIENT PROVIDED INFORMATION
1. Information regarding the project site including, but not limited to: topography, property
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September 30, 2003
Page 13
lines, easements, utilities, restrictions, encroachments, zoning, structures, vegetation
and surveys.
2. Special requirements of the project, not covered in governing agency policies and
ordinances.
3. Any information which may affect the Consultant's services during the life of the
Agreement.
H. DELIVERABLE COSTS/REIMBURSABLE EXPENSES
I.
Cost of deliverables other than those listed above will be charged at 15% if issued from
Consultant's office.
1. Reproductions, plots, and photographic printing costs.
2. Delivery, shipping and mailing costs.
3. Travel, telephone and electronic communications costs.
4. Maps and other document acquisition costs.
5. Client authorized consultants.
6. Expense of overtime services requiring higher than regular rates if authorized in
advance by the Client.
TE !NATION 0
This Agreement may
receipt of written n
compensated for se
receipt of the writt
EMENT
terminated with a thirty (30) day advance notice by either party upon
e by the other party. In this event, the Consultant shall be
performed and reimbursable expenses due up to the day of the
noti • e.
J. STATE BOARD OF LANDSCAPE ARCHITECTS
Landscape Architects are regulated by the State of California. Any questions concerning a
Landscape Architect may be referred to the Landscape Architect's Technical Committee at:
Landscape Architects Technical Committee
400 R Street, Suite 4000
Sacramento, CA 95814
(916) 445-4954 _)
K. OWNERSHI
OF .00UMENTS AND CTRON ES
All reports, pla
documents on
service shall em
modificatio ' to
Consulta . The
specifications, field data and notes and other documents, including all
ronic media, prepared by the Consultant as instruments of professional
al ' the property of the Consultant. The Client shall not reuse or make any
the •tans and specifications without the prior written authorization of the
Clie t agrees, to the fullest extent permitted by law, to indemnify and hold
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September 30, 2003
Page 14
the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees
and defense costs) arising or allegedly arising out of any unauthorized reuse or modification
of the plans and specifications by the Client or any person or entity that acquires or obtains
the plans and specifications from or through the Client without the written authorization of the
Consultant or from any transfer, reuse or modification of the electronic files without the prior
written consent of the Consultant.
The client is aware that differences may exist between the electronic files delivered and the
printed hard copy construction documents. In the event of a conflict between the signed or
sealed hard copy construction documents prepared by the Consultant and electronic files, the
signed or sealed hard copy construction documents shall govem.
L. INDEMNIFICATION
The Client and Consultant mut
and hold each other harmless fro
attorneys' fees and costs of de
omissions in the performance of
subconsultants, contractors or
the extent that each party is r
basis of fault.
See attached 'Indemnificati
ee, to the fullest extent permitted by law, to indemnify
y and all damage, liability or cost (including reasonable
se) arising from their own negligent acts, errors or
services under this Agreement and those of his or her
for whom the Client or Consultant is legally liable, to
le for such damages and losses on a comparative
n and Hold Harmless' memo.
M. EXECUTION OF AGREEMENT
Please sign below to indicate your approval.
Consultant:
STEVE ESTRADA
ESTRADA LAND PLANNING, INC.
California Licensed Landscape Architect #1685
A California Corporation
755 Broadway Circle, Suite 300
San Diego, CA 92101
Date: 10/1/2003
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September 30, 2003
Page 15
Client:
BEN MARTINEZ
ASSISTANT DIRECTOR
Community Development Commission of the
City of National City
Date: