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Home My WebLink AboutAgenda Packet 2002/06/18 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requi ements. AGENDA / 0 0 naIad (¡7 ')- Signed--C< June 18,2002 CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY MAYOR HORTON OF AN AWARD FOR EXCELLENCE IN OPERATIONAL BUDGETING FOR THE CITY'S FISCAL YEAR 2001-2003 BUDGET, FROM THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS TO ASSIST ANT CITY MANAGER POWELL · PRESENTATION BY JEFF WOLKING, VICE PRESIDENT OF MARKETING FOR METALLIC POWER, REGARDING THE RECENT ZERO-EMISSION PASSENGER-VEHICLE DEMONSTRATION DRIVE FROM CHULA VISTA TO NORTHERN CALIFORNIA CONSENT CALENDAR (Items 1 through 16) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to spea{ç on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of May 30, June 4, June 6, and June 10, 2002. Staff recommendation: Council approve the mIDutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200112002 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The Council Policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget sununary (Employee Services, Supplies and Services and Capital Outlay). Adoption of the resolution approves certain transfers and appropriations, maintaining compliance with the intent of the Council Policy. (Assistant City Manager Powell) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF DRAINAGE, GENERAL UTILITY, AND SEWER EASEMENTS WITHIN EASTLAKE III VISTAS PHASE TWO The City received a request to vacate a drainage easement, a general utility easement, and a sewer easement, all which appear on the EastLake III Vistas Phase two map. According to the California Streets and Highways Code, the vacation of these easements may be performed sununarily through adoption of a resolution ordering said sununary vacation. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Adoption of the resolution directs the City Attorney and the City Clerk to review the City's Conflict of Interest Code on behalf of all staff and designated boards and commissions to deternrine whether or not amendments are needed, and to submit a notice to the Council prior to October I, 2002, indicating either that amendments are required or that no amendments are necessary. (City Attomey, City Clerk) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, ACCEPTING INFORMAL BIDS, AND AWARDING CONTRACT FOR THE MAIN STREET MEDIAN STREET LIGHTING, FROM NIRVANA AVENUE TO HERITAGE ROAD (pROJECT LD-107), TO PERRY ELECTRIC, IN THE "-MOUNT OF $47,100 On May 8, 2002, the Traffic Engineering Section received informal bids from five electrical contractors for this project. Perry Electric submitted the low informal bid of $47,100. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR SIDEWALK IMPROVEMENTS ON THE NORTH SIDE OF "D" STREET, BETWEEN THIRD AVENUE AND LANDIS AVENUE (pROJECT STL-270), TO PORTILLO CONCRETE INC. On May 8, 2002, the Director of Public Works received sealed bids for this project. Adoption of the resolution awards the contract to Portillo Concrete Inc. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda 06/18/02 - -. .". --..". 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. 2 AND 3 FOR PHASE I OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT SW-219), AND THE MAIN STREET PAVEMENT RECONSTRUCTION, BETWEEN BROADWAY AND INTERSTATE 805 (pROJECT STM-332), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY Adoption of the resolution approves change order nos. 2 and 3 for phase I of the Salt Creek Gravity Sewer Interceptor project. Change Order No.2, in the amount of $70,768 is needed to increase the depth of the sewer between Otay Valley Road and Interstate 805. Change Order No.3, in the amount of $76,036 is needed to replace an existing shallow and deteriorated corrugated metal pipe on Main Street that is no longer able to support traffic loads. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN OPEN SPACE DISTRICT NO. 23 (OTAY RIO BUSINESS PARK) FOR FISCAL YEAR 2002/2003, AND TO AMEND THE AREAS TO BE MAINTAINED; APPROVING THE PRELIMINARY ENGINEER'S REPORT; SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES Open Space District No. 23 was originally established on September 15, 1992 to maintain three open space lots and medians along the east side of the Otay Rio Business Park development. The current property owners Wish to add a 2800-foot long median on Main Street, which is currently being maintained by contract, to the improvements being maintained by the district. Adoption of this resolution initiates the proceedings for amending the district to include the additional open space in accordance with the provisions of Article XIIID of the California State Constitution. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING ADDITIONAL FUNDING FROM THE UNALLOCATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND, FOR COMPLETION OF OLYMPIC PARKWAY STREET IMPROVEMENTS FROM OLEANDER AVENUE TO BRANDYWINE AVENUE (pROJECT STM-344), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CHANGE ORDER FOR LANDSCAPING IMPROVEMENTS ON THE CITY-OWNED PARCEL AT THE NORTHEAST CORNER OF BRANDYWINE AVENUE AND OLYMPIC PARKWAY, FOR AN AMOUNT NOT EXCEEDING $100,000 (4/5THS VOTE REQUIRED) Page 3 - Council Agenda 06/18/02 In order to complete the subject project, additional funds in the amount of $350,000 are needed for landscaping and irrigation improvements, completion of right-of-way acquisition, traffic signal modifications at Oleander Avenue and Olympic Parkway, and consultant and staff services. Adoption of the resolution also authorizes the Director of Public Works to execute a change order up to $100,000 with West Coast General Corporation for landscaping and irrigation improvements. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING THE CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES FOR THE PERIOD OF JULY I, 2002 TO JUNE 30, 2007, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT On December II, 2001, the City Council approved a second amendment to the agreement with Cannon Pacific Services to provide citywide street sweeping services on a month-to- month basis ending June 30, 2002. The City advertised for bids for a new five-year agreement, with two - two-year option periods. Two bids were received on November 27, 2001 and Cannon Pacific Services was the lowest responsible bidder. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH STANTEC CONSULTING, INC., FOR. AN ADDITIONAL $184,480, FOR CONTINUED UPGRADE AND EXPANSION OF THE PUBLIC WORKS OPERATIONS' WORK MANAGEMENT AND INFRASTRUCTURE MANAGEMENT SYSTEM B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH CCG SYSTEMS, INC., FOR AN ADDITIONAL $40,800, FOR CONTINUED UPGRADE AND EXPANSION OF THE PUBLIC WORKS OPERATIONS' FLEET MANAGEMENT SYSTEM The Operations Division of the Public Works Department proposes to implement Phase 3 of the Public Works Information Systems ModemizationlExpansion Capital Improvement Program project. The growth of the City requires that technology be upgraded and expanded to provide for better management and planning of the City's infrastructure. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 4 - Council Agenda 06/18/02 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING The current Memorandum of Understanding between the City and the Chula Vista Elementary School District, in effect until June 30, 2002, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is offered at eight district schools and the DASH Program, a structured sports and recreation program at 18 district schools. (Deputy City Manager Palmer) Staffrecommendation: Council adopt the resolution. 1~. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECREATION DIRECTOR TO EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING OFFICE SPACE AT NORMAN PARK SEmOR CENTER Since the renovation of Norman Park Center in 1993, the City has issued and renewed multi-year permits to several social service agencies, allowing them to utilize office space at the Norman Park Center. These agencies provide valuable community services, many of which target the senior population. The City does not charge rent for this use, but does require each agency to reimburse the City for a prorated share of the utility costs. Three- year permit renewals have been prepared and signed by each agency. (Director of Recreation) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED TO OTAY RANCH VILLAGE SIX, BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT On January 22, 2002, the City approved the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. Condition number 134 of the SPA conditions of approval require that the developer enter into an affordable housing agreement with the City prior to recordation of its first final map for purposes of further implementing its affordable housing obligation for the project. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda 06/18/02 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Adoption of the resolution approves the first amendment to this contract for environmental consultant services related to mitigation monitoring and reporting, preparation of environmental documents, and the coordination and oversight of the preparation of environmental documents for eastern Chula Vista master planned community projects. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING SUBMITTAL OF A REGIONAL USED OIL BLOCK GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD This block grant would provide up to $132,679 in additional funds for each of the next three fiscal years to allow the City to continue the primary components of the existing used oil public education and recycling programs. (Special Operations Manager) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for jùture discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 17. CONSIDERATION OF ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 6 - Council Agenda 06/18/02 --. ..-.-. '." .". .-',....- ...". .-. ,.,'. Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. (Assistant City Manager Powell) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 18. CITY MANAGER'S REPORTS A. Scheduling of meetings. 19. MAYOR'S REPORTS A. Ratification of appointment to the Veterans Advisory Commission - Bobby Price. 20. COUNCIL COMMENTS CLOSED SESSION '. Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 21. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ADJOURNMENT to an Adjourned Regular Meeting on June 25, 2002 at 4:00 p.m. in the Council Conference Room, and thence to the Regular Meeting of July 9, 2002, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda 06/18/02 COUNCIL AGENDA STATEMENT Item Meeting Date 06/18/2002 ITEM TITLE: Resolution Amending the Fiscal Year 2001-02 Budget in accordance with the Budget Transfer Policy and approving additional appropriations in various funds. SUBMITTED BY: Assistant City Manager, PowellJ REVIEWED BY: City Manage ~,, (4/5thsVote: Yes X No__.) The Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employee Services, Supplies and Services and Capital Outlay). In order to comply with the intent of this policy, the transfers and appropriations listed on Attachment A and discussed below, are recommended to be approved. RECOMMENDATION: That Council amend the fiscal year 2001-02 budget by approving additional appropriations or transferring existing appropriations to ensure that all departments end the fiscal year without exceeding the budget summary as required by Council Policy. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: As part of the budgetary control process, all departments projected their total expenditures for the fiscal year. In comparing the actual budget to the revised projections, as part of the Third Quarter Status report, Council was advised of a projected general fund savings of $2.8 million. While the total savings is very positive to the City's financial picture, that total includes a combination of both positive and negative expenditure account variances in all departments. The Council Policy established in January of 1996, stated that no department shall end the fiscal year with a negative balance in any summary account. As mentioned in the Third Quarter Status report, the Fire Department is projecting that they will exceed their budget allocation by $270,000 primarily due to additional personnel costs related to unanticipated overtime and the transition of the Fire Chief position ($180,000), unanticipated overtime by the strike team which provided assistance to other agencies ($40,000), unanticipated communication system costs related to the new dispatch agreement ($30,000), as well as other miscellaneous costs ($20,000). It is recommended that a transfer from Police Department budgetary savings be used to offset the overage in the Fire Department. Pursuant to an agreement with the developer of the Palomar Trolley Center, the City is obligated to reimburse development costs at a percentage of annual sales tax revenue generated by the center. Due to greater than anticipated sales tax revenues generated from the Center, an additional $29,000 will be needed for the note payment. In order to process the payment, a transfer of $29,000 between categories within the Non-Departmental budget unit is requested. This will also necessitate related increases in appropriations in the RDA Merged Project Area Fund ($29,000) and the Notes Payable Cypress Creek Fund ($29,000). Appropriations in the Home Program Fund ($75,000), Corporation Yard Relocation Fund ($4,000), and 2000 COP Series. A Fund ($4,000), are also necessary to cover additional funding related to the Eastlake Greens - Antigua first time home buyer assistance program and greater than anticipated trustee administrative fees. Attachment A, included herein, details the fund, department, and a brief description of each transfer or appropriation. FISCAL IMPACT: The recommended transfers between General Fund departments will be covered by savings achieved within existing budgets. The net fiscal impact resulting from additional appropriations in the remaining funds will be $141,000, and in all cases will be funded by available fund balances. RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2001-02 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS WHEREAS, the Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employees Services, Supplies and Services, and Capital Outlay); and WHEREAS, in order to comply with the intent of the policy, the transfers and appropriations listed on Attachment A are recommended to be approved; and WHEREAS, the Fire Department is projecting they will exceed their budget allocation by $270,000 due to additional personnel costs related to unanticipated overtime and the transition of the Fire Chief position, unanticipated overtime by the strike team which provided assistance to other agencies, unanticipated communication system costs related to the new dispatch agreement as well as other miscellaneous costs, but it is recommended that a transfer from Police Department budgetary saving be used to offset the overage in the Fire Department; and WHEREAS, pursuant to an agreement with the Palomar Trolley Center developer, an additional $29,000 will be needed to reimburse development costs, therefore, a transfer between categories within the Non-Departmental budget unit is requested; and WHEREAS, related increased necessitated in the RDA Merged Project Payable Cypress Creek Fund; and in appropriations are Area Fund and the Notes WHEREAS, appropriations in the Home Program Fund ($75,000), Corporation Yard Relocation Fund ($4,000), and 2000 COP Series A Fund ($4,000) are also necessary to cover additional funding related to Eastlake Greens - Antigua first time home buyer 1 (;)-9 ----. assistance program and administrative fees; and greater than anticipated trustee WHEREAS, Attachment A, attached hereto and incorporated herein by reference as if set forth in full, details the fund, department, and a brief description of each transfer or appropriation. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2001-02 budget in accordance with the budget transfer policy as set forth in Attachment A. BE IT FURTHER RESOLVED that the amount of $141,000 is hereby appropriated in various funds as set forth in Attachment A. Presented by Approved as to form by Robert Powell Assistant City Manager ~~ J:\attorney\reso\buctget.xfr 2 ;;2-+ < ... c a¡ E .c u .. :t:: < 21 c a¡ E ... VI :oN ·...0 'CO <N ... , a¡... ClO 'CO :ON III> 'C.... c W ... .. ~ .,; '" ~ B II) ~ 2 c ð >- . ,.g¿-t: - '" ~[ ~ .- '" ::> E UJ"" o ro~ o..a= .......80 ~II! ~ ï::: c.. L.. oJ:: M ~"E: ~ Q)I...IQ)::J O"'ECo .!:: >- 6 LL",~ o Co_ :::.:ö:ê c",Co ~~B "t::~o ",-... Co2 '" Q) ~ ~ o '" .- '" E i:: ,g~~ ~ ~~ E a¡ '" Oa¡ o ' = J::§:5: "'z ::> -gclJ) .2:EE _:!:o o3:J:: ~ ~ ~ ~~~ '" '" '" c c c ~ ~ ~ 1-1-1- 0000 0000 ......0000 =:;0...0\..,......"'... Of'..N....-t...... EN M < ~ of! VI C ~ ~I i!! .!!1 ~ '" "C"'Cwl:: cc.....rc ::I:Jc,= LLLLð_ ¡¡;¡¡;",2 L.. It... L.. 0 ~~.al- '" '" '" l!Jl!JZ '" ::> c a¡ ~ X 2 '" '" ¡¡; '" ~ o M C o "C '" '" '" ..0 '><"; a1 ~ bE ",II) '" ~ ~2 Coc èJð 0>- ... '" ...= c e "'l- E ~ >-.. ¡g,E ",.Q u '" .~ 0.., Q) Q) 11)£ 1::E '" 0 O.t: 00 00 00 0\" a\ NN VI c .2 .. .¡: .>< .. Q) Q) ~ ~u < '" ~~ .~ Co £èJ ~.J!! 01..0 ~ .. Q) >- ::;:& , '" <2 00 e<:z < 'C B a¡ :0 Œ E œ 01 e 0.. i!! Q) >- ::> co Q) E o :r: '" E ¡:: ... '" ~ ¡¡: '" ::> 01 :¡:¡ C < i;- .s; B '" Q) 2 '" ::> ~ "C Q) '" '" ~ u c - '" c Q) ~ l!J li '" :¡:¡ '" .. UJ o o o ",- ..... 00 00 00 ~v... jj '" "2' 0.. 5 .5 :¡:;u.. 13' 0< E ãJ ~ œ e<: ~ e "E 0.. 0.. "0 >-u Q) '0 E e-o ~ 8~ "C C ::> LL o o o ,-< v ..... .... '" c o :¡:¡ '" .¡: Co e Co Co < ß ~ :;-s --'--- COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 6/18/02 ITEM TITLE: Resolution Ordering the Summary Vacation of Drainage, General Utility, and Sewer Easements within Eastlake III Vistas Phase 2. SUBMITTED BY: Director of Public Workyn~/ REVIEWED BY: City Manager ~'d I~ (4/5tbs Vote: Yes No X ) On May 28, 2002, by Resolution 2002-167, City Council approved the Final Map for Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2. A request has been received to vacate a drainage easement, a general utility easement, and a sewer easement, all which appear on the Eastlake III Vistas Phase 2 Map (see exhibits A and B). In accordance with Chapter 4, Section 8333 of the California Streets and Highways Code, the vacation of these types of easements may be performed summarily through adoption of a resolution ordering said summary vacation. RECOMMENDATION: That Council adopt a resolution ordering the summary vacation of the Drainage, General Utility, and Sewer Easements within the Eastlake III Vistas Phase 2 Final Map. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: On May 28, 2002, by Resolution 2002-167, City Council approved the Final Map for Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2. This map included an easement for drainage purposes recorded May 27, 1999 (recordation number 1999-0367387), an easement for general utility purposes recorded March 26, 1995 (recordation number 1995-010956I), and an easement for sewer purposes recorded October 21, 1994 (recordation number 1994-0616863). The easements for general utility and sewer purposes were granted to accommodate temporary facilities to service the adjacent Olympic Training Center (see Exhibit A). These temporary improvements were to be removed upon the construction of permanent improvements within Olympic Parkway. Since the granting of these easements, the permanent improvements have been constructed within Olympic Parkway, and the temporary utilities have been removed. Therefore, the easements are no longer needed. The drainage easement was granted to accommodate drainage facilities for a portion of the Eastlake iii Vistas project (see Exhibit B). Since the granting of this easement, the site has been re-graded, and the drainage facilities have been relocated to the appropriate location. With the drainage facilities no longer within the easement, it is no longer needed. Chapter 4, Section 8333(c) of the California Streets and Highway Code states that an easement may be summarily vacated if the easement has been superseded by relocation and there are no other Page 2, Item Meeting Date: 5/28/02 public facilities located with that easement. In these cases, the easements have all been superseded by relocation and no facilities are left within said easements. Upon vacation of these easements, the full use of the land will revert back to the current owner. FISCAL IMPACT: All staffcosts associated with processing of this request will be reimbursed from the developer's deposits. Anachment: Exhibit A: Location of General Utility and Sewer Easements Exhibit B: Location of Drainage Easement J:\Engineer\LANDDEV~Eastlake ill\CAS June 18.doc RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF DRAINAGE, GENERAL UTILITY, AND SEWER EASEMENTS WITHIN EASTLAKE III VISTAS PHASE 2 WHEREAS, on May 28, 2002, by Resolution 2002-167, the City Council approved the Final Map for Chula vista Tract No. 01- 09, Eastlake III Vistas Phase 2; and WHEREAS, a request has been received to vacate a drainage easement, a general utility easement, and a sewer easement, all of which appear on the Eastlake III vistas Phase 2 Map; and WHEREAS, the general utility and sewer easements were for temporary facilities and new, permanent facilities have rendered the easements obsolete; the drainage facility has been relocated and hence the drainage easement is no longer needed; and no other public facilities are located within the easements; and WHEREAS, in accordance with Chapter 4, Section 8333, of the California Streets and Highways Code, the vacation of these types of easements may be performed summarily through adoption of a resolution ordering said summary vacation. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby order the summary vacation of drainage, general utility, and sewer easements within Eastlake III vistas Phase 2, as shown on Exhibits "AU and "B", attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED directed to record this Resolution San Diego County Recorder. that the City Clerk is hereby of Vacation in the office of the Presented by Approved as to form by ~~ Jo n . Kaheny City Attorney John P. Lippitt Director of Public Works J:\Attorney\Reso\Vacation summary easement 3~3 EXHIBIT "A" . ! t VICINITY MAP NO SCALE UNSURVEYED REMAINDER OF PARCEL MAP 18211 { I (~ , /", 'ó , , , , , , , , , , , , , .. II RICK ! I , ENGINEERING ! ~ . m"'CG 1\NY ~ ~ ROBERT G. SCHOETTMER. LS 4324 e . _ 'CI.J39.~"''''-,".£I"rDI''.'."'''~..II.Ø(7' . "'''...-I"Rt....S.._IIh'''..J..'...''sO,,,_>.'''.._._ 0.._.:oç7IJ.]] J. 13983 / "7> '" ~ . ..... , ~ ~ , , , , , , ABANDONMENT OF SEWER EASEMENT PER DOC. NO. 1994-0616863 O.R. AND GENERAL UTILITY EASEMENT PER DOC. NO. 1995-0109561 O.R. 3~'-I EXHIBIT .. B .. VICINITY MAP ..""'" /-. .....,' ~,...... I U , , , , , , , ~ LEGEND INDICATES EXISTING DRNNAS£ £AS£MENT TO BE ABMfXJNED .-' UNSURVEYED REMAINDER OF PARCEL MAP 18211 '" 'V2¿>¡ 2...0/"',s/'¡¡o ./ ---------:]~ <! "9'"Q ""//6 "''J/'' '20- ~ -9-/6.<- "i "'9" EXISTING DRAINAGE EASEMENT RECORDED MAY 27. /999 AS F /P 1999-0367387. OR. TO 8£ ABANDQNED ~ . .... ~ V> OÇO/C' O<h_ ~ 4?"çO"'7~ Ýf4s, :~-9 :e h C P.ð s- // "'.........,">'ç -1..0 kq.!"4.'¿:;-4.k'~ "'".....,ot::"i'6 C'/r;- --rK7_ .r'-" '-> ~J<:: /-%1 c:~ O,.,..,·~ /yo ~4./ // %";-6;':¿>¿ C''Ý0::- Ý -/ l.y~ "'6J .~~ / Ý...;?:;: / 0" 0:""".9 0SrA '5f;::;:""'6 ....., <.;> '" 1 . ~ ~ ~ ~ i ?oç~~ ª ". ROBERT G. SCHOETTMËR. LS 432~ DATE 9 \"'d_I~U3\EOo_'-Lo.nIOI'.'... .1D....U~~_ \\IInO._'\IIIOIIS!'a"ó:r""IDlo'''''!.D''I.I'..,...,___ D]-.Jt/N-%Q0211.0;: J. 13983 ABANDONMENT OF PARCEL ·C· OF DRAINAGE EASEMENT REC. IIA Y 22 1111111 AS FILE NO. 1...-ØaB7387 O.R. :3--5 COUNCIL AGENDA STATEMENT Item No. 4' Meeting Date 06/18/02 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE ~ SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk John Kaheny, City Attomey ~d~ The proposed resolution will direct the City Attorney and City Clerk (1) to review the City's Conflict of Interest Code on behalf of all staff and designated commissions and boards to determine whether or not amendments are needed and (2) to submit a notice to the Council prior to October 1, 2002, indicating either that amendments are required or that no amendments are necessary. RECOMMENDATION: Council adopt the Resolution. BOARDS AND COMMISSION RECOMMENDATION: None. BACKGROUND: The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. Once the determination has been made, a notice must be submitted to the Code-reviewing body (the City Council) no later than October 1 st of even-numbered years. The City Council, prior to July Ist in even-numbered years, must direct a review of the City's Code for possible amendments. The proposed resolution will direct the City Attorney and the City Clerk to review the Code on behalf of all staff and designated City commissions and boards and require that a notice be submitted to the Council prior to October 1s' indicating either that amendments are required or that no amendments are necessary. If amendments are necessary, the amended Code must be forwarded to the Council for approval within 90 days of submission of the notice. FISCAL IMPACT: The item has no impact on the general fund. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE WHEREAS, the Political Refonn Act requires every local agency to review its Conflict of Interest Code biennially to detennine if it is accurate or, alternatively, that the Code must be amended; and WHEREAS, the Political Refonn Act requires every local agency to direct a review ofthe Code prior to July 1st of each even-numbered year; and WHEREAS, this review must be completed and a notice of detennination must be submitted to the City Council as the Code-reviewing body prior to October 1st of each even-numbered year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that the City Attorney and City Clerk are hereby directed to review the Conflict ofInterest Code on behalf of City staff and all departments of the City and designated City commissions and boards and to provide specific notice to the City Council prior to October I, 2002, either that amendments are required or that no amendments are necessary. Presented by Approved as to fonn by City Clerk ~ Ci torney ./- PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this _ day of June, 2002, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk L/, é)- COUNCIL AGENDA STATEMENT ~ Item .!) Meeting Date 6/18/02 ITEM TITLE: Resolution waiving the competitive bidding process, accepting informal bids and awarding contract for the "Main Street Median Street Lighting trom Nirvana Avenue to Heritage Road" project (LD-l 07) to Perry Electric in the amount Of$4~~0/ SUBMITTED BY: Director of Public w0r;f rv REVIEWED BY: City Manager ~,v (4/5ths Vote: Yes _ No...xJ On May 8, 2002, the Traffic Engineering Section received informal bids trom five (5) electrical contractors for the "Main Street Median Street Lighting trom Nirvana Avenue to Heritage Road" project (LD-107). Perry Electric submitted the low informal bid of$47,100.00 for this project. RECOMMENDATION: That Council waive the competitive bidding process, accept the informal bids and award the contract for the "Main Street Median Street Lighting trom Nirvana A venue to Heritage Road" project (LD- 107) to Perry Electric in the amount of$47,100.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The original project to enhance Main Street in the vicinity of the amphitheatre and the water park was initially approved by Council for the fiscal year FY99/00. This project consisted oftwo phases. The first phase involved the planting of palm trees and installation oflighting and irrigation in the Main Street median located east of Nirvana Avenue. This phase was completed in 2000. Phase II involves the design and planting of additional landscaping in addition to providing street lighting in the Main Street median east of Nirvana A venue. The street lighting work is scheduled to start in mid-June 2002 with anticipated completion in July 2002. The landscaping work is anticipated to start in November of2002 with anticipated completion by Januaryof2003. The street lighting portion of the project will provide for 12 median streetlights to be installed at 240' spacing within the raised median on Main Street trom Nirvana Avenue to Heritage Road. The proposed work includes furnishing and installation of 12 concrete streetlights standards with double-luminaire mast arms, 250 H.P.S.V.lamp fixtures and lamps, concrete foundations, trenching 5-/ Page 2, Item S Meeting Date 6/18/02 and installation of 2,800 lineal feet of conduit, installation of pull-boxes and wiring. This work is funded by the Assessment District 90-2 Otay Valley Road Improvement Fund source. Bidding Process Traffic engineering staff recently prepared plans and specifications for the project. Staff also prepared a construction cost estimate of$55,000.00 using average unit prices recently received from contractors on similar types of projects. Based on these analyses that showed it was plausible to solicit bids for the contract under $50,000.00, staff elected to pursue informal bids in accordance with Section 1009 of the City Charter for the purpose of expediting the administrative process. Staff then contacted 5 electrical contractors requesting informal bids for the subj ect proj ect. On May 8, 2002, staffreceived informal bids from the following contractors: Contractor Bid Amount Perry Electric $47,100.00 Patterson Brothers Lighting, Inc. $55,700.00 Sierra Electric $71,250.00 HMS Construction, Inc. $75,152.00 Lekos Electric, Inc. Insufficient Bid The low bid, submitted by Perry Electric, is below the final engineer's estimate of$55,000.00 by $7,900.00 or approximately 14%. The lowest bidder has performed satisfactorily on previous projects for the City. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . 5';;- Page 3, Item 5 Meeting Date 6/18/02 FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Perry Electric) $47,100.00 B. Contingencies (20%) $9,420.00 C. SDG&E Service Point Installation $3,000.00 D. Staff Costs (Design, Inspection, Contract Administration) $10,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $69,520.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Assessment District 90-2 Otay Valley Road Improvement Fund $69,520.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION* $69,520.00 *$238,000 total funds are available to complete phase II work for the subject street. After completion of construction, only routine City maintenance will be required. Prepared by: Patrick Moneda and Majed Al-Ghafry Attachments: Contractor's Disclosure Statement Infonnal bid quotes from 5 electrical contractors J:\EngineerIAGENDA\LDI07 Al 13.doc 5-3 - Jun 12 02 08:03a Perr~ Elec~ric 08/12/02 WED 06:~Ø FAX 619 691 ~171 61S44S0511 CHULA VISTA ~NGINbbKI~~ p.2 ~UU~ THE CIT'i OF CHULA VISTA I)ISCLOSU'ItX ST I't. TE1\oŒNT You sre: requ~rcd to file iiI St.itŒnlCnl ofI)ilc1osure orccnaÎn oW'nttjh1p ot fin."ncÍ.II1 inleres.I! p.Rymcnb~ ~r c;¡¡mpõll~gn c:ontribunol1s, on aJl maners. whtch will 1~q,UHC disc.rr;tionuy iI~11""D on th~ 'Pan of rhe City Council, PlàrtrW'.lg Corr1J'rUuion. and all other offici.1 bodies. Tht fono~g informahoD muST be dniclosed: 1. List th,ð name~ of 2111 pcrsoru bit"''''!: a financial in~rc51 in th¡: p.c:opcny which i~ tht.'l subject of' the applicauao or the CDIIIt1I£:1" e.!;", ownc;;r, applÎIW.nl. Cont'r.dol". av.'bconUaclor. material ~upp1icr. ~RV b.E~\C.- 2. If øn)' person. idenlified pursuant to (I) above is :s corporation Or plarmc:rsh.ip, 1iSI the Dames of an individuIIII.s owning morc than 10% of the shares in the corporàtion or Ø"Yming :tiny pBnncnbip inb:I"C,"1 .. (Àc pg~r:¡hi,_ T="'" M. ß¡:¡:~y .1. If þ,ny pcrsoû· idc::nûfiod pl.:lrsuant to (l) aboyc is Don-profit organiz...tiDn. ot Ii INS'. list the narni!!~ of any pcr.;.on servins as dirnctor of the nOD~profit ofganizlI'ion or as: tnlstl:C gr bcncfll.:;u.:ry or I~tor Qf1h~ tn&$t. NONE. 4. Rave you had. mQæ than 5250 wonh 1)( bliSÎDcSS tr..n5acte~ 'Wilh a1l7 member of the Çit)' srd!, Boards, Co:rnnW.$ioDS.. ~ðmt.'binccS. :aDd CC:I1.1ndl 'Nithin the past twelvo month? Yes _ No .lS...tf yes., please U'idic..tc peOlon(,sJ; 5. Plea5~ i.d~mi.ry cnch Gnd every 'I:non. including any a.gt'rlb, cmploy~s:. C'on!oultanr!Õ, 01 indcpCDdl:nt Contracton: -'ho you Mve assigned to I'~prrscn( you bcfQn: me Ciry in this rutter. 1õDD M. ~Rt-_ ~E~T f\:-~r<.y 6. Have you and/or )'QUI' offiC:C'f!¡ or agents, in the: aggrcc.l.tC, c:onbibuh:d tnI:In: UUut S 1.000 (0 D COU,flcil member in du: CWJr:n[ or prceedmr; cJcronon pcrifJd7 Yes ~ No ÀlryCS, Slate whÜ;h COloilJl:il mem'elers(~)~ . . . (NOT£.: Athlch~ addition... P~OI" no< ";ø' . Date:__~I\"2-./02.. _~ ~ , (Sig¡a.tun: DC Conn.",OI App!ilõ:lInt) ~gE.e:¡- ~f't'Ý j SÇjC..jTf'l.EÇ . (Print or type name of Conn-oem,' Appbcam) ... P..h"fJPI J,~ tI'jl"r!d .S" '~".Y ,.dH.IMJI. fl".,. léoapnrlllf!r$AiIl. jo/", IM"""~, øJøn;:iøfi~... ~ildør r:t"".jMlteM./lN"gtJt';:ullofl. fóo"þ1D..lItj,~". ~.'Q", lf1J.fl, l'tICeiwr, ,)lfttlü:",~, tlll nn4 .flY øfhc,. enl'l/>,. CÎI)I or Cl>WltI)'. éi;y "'lIni~)(IlIty. dUl,.Ü~f. or odlf!T ,.,Ullcnl twb(fiui.¡"... 11' "1'1)1 øl"t" gt'Ø~ or cø"lbilllqli,,1'1 ut.riJJg ., " ,If/r. J;\~n8Ì01ood1TMtPC\1"MI"\TF:Z91\'2'IJII.:I..dIc 14 5-i .. u: .':\.-,,-:,~- ..... ~-p~.'1(" . ~~...,'.~' -'-'0.-:..,.. =--:rs:__._.',......_ .'R· _.""_,,, .'__4....' __ . . -------. PERRY ELECTRIC 9201 ISAAC ST SUITE 8 SANTEE. CA. 92071 (61914490045/ (6191449-051 I FAX CA UCENSE * 747931 (C-10 CITY OF CRULA VISTA FAX 619-691-5171 INFORMAL BID REQUEST ATTENTION: PATRICK MONEDA (619-476-5376 EXT. 3019) MAIN STREET MEDIAN STREET LIGHTING NIRVANA AVENUE TO HRRITAGE ROAD MAY B, 2002 Agency: Did No: Project Title: Bid Date: Hem No_ D.,seription UnÎt Measure lInit Price Estension 01 FURNISH AND INSTALL 12 EACH CONCRETE POLES WITH DOUBLE LUMINAIRE MAST ARMS, 250 WATT H.P.S.V. FIXTURES, LAMPS & P.E.C.: CONCRETE FOUNDATIONS; 2,800 L.F. CONDUIT IN MEDIAN AND 2 CROSSINGS TO THE NORTH SIDE OF MAIN STREET FOR FUTRE SERVICE POINTS WITH #8 THW CONDUCTORS. COMPLETE AND IN PLACE FOR LUMP SUM COMPLETE AND IN PLACE FOR LUMP SUM OF ............$ 47,100.00 4Pt~ , 5-5 I 0 0 . d - ..-.',.--..--.....'..,. r. .,...... ~....~~. ~~'5',,:,.....;:I; .:;.;"" ;'~:. ::~~.:¿::.7~·:. .,~ 'I;: ;':,...;!,.~~~!r';f:·::C:4,¡ .....i'......ii 'I-r\-' ,-,..:::;¡t;..J":'Cl/~ P.2 ;lay 7,2002 PROPOSAL NO.: 0205-02 SCOPE OF WORK AND PRICE J) Provide 12 each 28' slreet light standards with double 12' mast arms (Elliptical in shape), 26 each 250 Watt H.P,S.V. luminaires. 26 .aeh 250 watt lamps, and 26 each 7790-B photo cells. LUMP SUM COST FOR MATERIAL ONLY.......................S31.800.00 2) Provide 12 each 28' sired liibt standa.rds with double 8' mast arms, 26 each 250 watt H.p.S. Y. luminaires, 26 each 250 watt lamps, and 26 each 7790-B photo cells. LUMP SUM COST FOR MATERIAL ONLY.......................s24,060.00 3) Furnish and install Item #1. LUMP SUM PRlCE......................._..S42,060.00 4) Furnish and install Item #2. LUMP SUM PRlCE..........................534,320.00 5) Trench approximately 2,800 LF and install I Va" schedule 80 PYC, backfill and cornpact,cross Main Slreet in two locations. Provide and place all associated pullhoxes. Provide and place approximately 3,000 LF of 2 #6 THW and 1 #6 ground wires and splice. LUMP SUM PRlCE........................$28,250.00 ~ 5;,,~ ,_ -- l..-' ;:, ~ ~-- ::;¿":':"¡', r ¡-o,ui " r-':::' Ii ¿~~'::::'wí'J ;:',¡...;-:G n-::¿¡:",.s 3:':·~":.~:'-:::2-/::::, ~, PATfERSON BROTHERS LIGHTING, INC No. c~ pages to follc~_ (includi~g caver Fase) ?ÄX T~~~SXIZS¡OS COV~R P~G~ I ;, :-~=-:~C:':: :J:"¡ \'1:\ \ iL.E -:::kh~ c.~.-:::: : ....." ~ s:.. 0 (._ ----.--- ------~--- :::::':-:?_'::'.:';':! : C2.\'T'-{ ,- o '1- c.. \-<u L t.(l V \ ":::,;/A- ~. ·,r ::..... :-1',). II II Es-Tl~,\.;;"ti? / CI lP ( .- 97( ,~ \ L- OíY'>"'J d c...\.i e.. -J 1."2.0,'<-0 l_t b!--tT'j.jL... .::>:::~:':.:'::: : '2. ß' <ê~¿.- ~ - .:';)II~ÇJ L ì (...J"f-í 5~..J IJkJ1f) '\. u.....1 ~ r ~ 3 I ~JCu;) 1- c- ---._-- ---- --~-- ~-"t--rr_ VY""\ 'So '> 2.'-.0 lA..-'<n- ¡-j--;.'S. -r:-t )«':i__'/"':=:S- WII/1 ¡-1r'>~f¡J^ / I"Î /fTZ V !'V-..t.C\ST S OLìO r \_ t / ,"') .- '1(,1 ó-J¿l-¡ c j I:.. " ---- , , ¡.lvi ( ~,- ~~^ é. ~ c:........ '.; --, :30 P'I,,- ~ u_ COd ¿~ IT <: -~------_._--- ~------ - -.. ~. SCo(j --..... , D c::-- 5'._ ," , " /j 0 '-' 0. ....., LUvv'"".ì: -..J:....;.,V).....¡ ~ L~ (,?" '-.-:;'liZ~:-' )(([1("...," \Jp"i¿:-'./¿SO--'¡ ? ~ "- , " INcluJ~0... ) ~- Y·:Jt.: , , . ~xper:e~ce ~==~!=_e , " ~:~~ ~~:s ~~~~~~lS5:~~ =l.2:2.se .~ =..::. - '....::;- ---- ~'-'.---- , -' - .- - -, - ~ ?::==.: - -" -::~~':.-- :~:'.: "'- ----- ~ ,== () SCX 2C37 :"':':..:',:::3;::;=-, ':,:, 92:-~~ ,,',);=) 3S:C-379ì ~-,;;;;: \5 ~ S) 390 - 2E75 S":".;.ï~ C~¡\~-:-¡::,A:7CFS ~:C::!'~Së. ~~C. 581334 5-1 ·_~ . :-.:_ ~;:::'-,-:A;·i :-:..:.<:ut·, ¡~·-i:..-ì TC:~~'::.::.cr·'J ~:',;::CJ-i-I--:i:-~;::i:S :'-:\~~\2~-i-/:'; PAITERSON BROTHERS LIGHTlí'fG , r\TC-' .!....... ..-. ~;o . 0: Dages to fol_l.cw .. (incl~ding--c:a~Je:- p2:;~; FAX TRANS~!5SIC~ caV~R PACE . ;',:--:-:::~;T::J:\: : \'V\\ IL.E ~~ rJ.::'.~£: ~ ----.. ,- -~ - ,.-., -;., '--" z._ -------~ :::::;'~:)\;1'! : n '-'-1 \.- \ ~ I r o r c.. ¡-+u L .el. V \ SiR F.~.:'~ NO. 6 '11- ~/ Ii . I ¡?..s-r L v..",\ ~~ TE (/ C:::':-'!3;·;'!'S: o \V"-. 'j ucd.ie 'J tLOIA-O L.t bl-;T'iJ.H.....,:,O 11. - 28~ c-_¿~~ - =::,/ I ..:Ç/ Lì(....L-fj 5-;-)..h-.JUA-/~/Jc... lJ...JITL" '3' \JOJ-.S 1. é.. ._---~. !.'Y'\..L.0..S,T ,-'r-n.-"", S '> 2Œ L.......'Ã;jj- 1-1'"}-:..ç ..;; )('ru"~ /...v',/,,,' ¡.l¡;>;-[~,.·\ ¡ r): ,:.,¡:. :' 5: 000 ~. \...'£ ----- / n-r " ,II" U ,n,:,_ 'I110.....)(:.../,¡ '- SCI'-! 90 ;..'u~ ~ LuVV\f s:,~_ 551 , ~f ~ '::,.,:7.'::;: T \VA1'T'D'lSON {L¿ - C(.d d---'-l p", Ii ( ~- D(.h -=). .----- "7 ÜO 00_ -~--- SC.O(\ - . XI/Ie"" , ------- "- I I '\ ~c[u¿"_~ ) ,. - -.'- ., . -. ~/ct.: axpar~e~ce ~=~ll~:e ~~~~ ~~~s ~=2~s~iss~c~. ;~E~se =~:: ~e~~2~ G - -.-- , - - -- . -- ... -~ 5?:::=-=.:"_=- :::3~::··_·,:-":,::·:>;.s , ? () scx 2C37 :':'X=3;~E, c...), 920..:.C (·3i9) 390-3797 F':'...X (5~9) ~:=J-2S7S S:.:.. 7E CG¡\,'--:-r,AC--;-C;F.S L:C=:~~S::': i\!O. 50'1 J3c.. 5-g "-....."1 r K I I C.K'::;:'UI\I t:)I-<U ¡ H~K:::; -.:)::::IIð;¿ö /I::::J P.l (.~ PATTERSON BROTHERS LIGHTING, INC. INFORMAL BID PROPOSAL NO. 0205-02 May 7, 2002 PROJECT: MAIN STREET Sl'REET UGHTING City of Chula Vista 276 Fourth Avenue ChuJa Vista, CA 91910 Your Job No: Our Job No: Attention: Patrick: Moneda ITEM I-SCOPE OF WORK AND PRICE: SEE PAGE 2 FOR SCOPE OF WORK. All work to comply with the CITY OF CHULA VISTA specifications. ITEM U-PAYMENT SCHEDULE: Payment of 100% for actual work completed due within 30 days of invoice date. ITEM Ill-EXCLUSIONS: This proposal has no provisions for engineering, bonds, pennits, testing, export of spo;1, SDG&E fees, or excavation of any material not reasolUlbly possible to excavate with a 580 Case backhoe. ITEM IV-ATTORNEY'S FEES: In the event that any matter W1lier this proposal is ref=ed to an attorney because of liispute or default under tbe terms of this proposal, then the defaulting p8rty agrecs to pay the sum of reasonable attorney's fees and any other costs involved in enforcing the terms of this proposal. Prices set forth in this proposal will be lwnored for ninety (90) days. This proposal contingent upon receipt of a signed purchase otder or subcontract agreement. Respectfully submitted, By: ACCEPTANCE This proposal is accepteli as submitted and PATTERSON BR01HERS LIGHTING, INC. is authorized to complete the work as specified above. Contractor: Date: By: Contrnctor's License No.: Title: Piea.fli: sign and r¢l~rn one copy oflhl~ proposal togcJher wi/h your signf!~/ puTt~hœe order "r ~bcontrQct aZ~ent. Cf:rtijic4te of insuranc~ nqui,.,mt:/tu. and e~loscJ prcli".inrlfY Jùm in!o,maJ;øn form. Than! you! POBOX 2037 FAX (619) 390-2675 LAKESIDE, CA 92040 (619) 390-3797 STATE CONTRACTOR'S LICENSE NO, 501334 5--1 -=>.J..!:..I'.I'.i-\ c..1-c........¡rç.J........ I-'AljJ:.. t:11/01 229& NEEDHAM RD 148 EL CAJON CA 92020 SIERRA ELECTRIC OFFICE: (619) 287.5008 FAX: (618) 287.5228 PA~ER: (818) 973-3700 UC:;.fNÒ:~780428 C-10 . .. "... "CONFIDENTIAL FAX" .. ATTN: PATRICK MONEDA 'nil Ea6...ö.v CITY OF CHULA VISTA From: PaII1ck Wledenfeld .JabN8ø16' MAIN STREET MEDIAN LIGHTING Blduetel 05/08/02 11....: .. . Å_A........ Notad: I It.... Ill'. Bid. STREET , LIGHTING, CONDUIT, WIRE N.......... of Fwa a & Incl........ cov.r Meet: , !I1Ce_loMI fl·Bonda INFORMAL BID FOR THE CITY OF CHULA VISTA :e Pennb TOTAL PRICE FOR SCOPE OF WORK SUBMITTED BY PATRICK MONEDA PER FAX 05/03/02 a .G.. F_ $ 71,250.00 o striping o ,,-..m.. CDntnll . .:g TndIIc CoIItntI "- . 0 --'1 Chair...... o Othen CcnnIIIenta. - IF YOU HAW ANY QUESTIONS, PLaA" FI!I!L FIUœ TO CAU.. 5-/0 ..~~ .......... ........- .........t'" nl-~ (,..,un.:::J I KUL I J. un IOU '/:010 D2SD HMS CONSTRUCTION INC. ELECTRICAL & GENERAL ENGINEERING CONTRACTOR OUOTE CITY OF CHULA VISTA BID NO. INVITE CONSTRUCTION OF STREET LIGHTS ON MAIN STREET DATE: MAY 6. 2002 ATTN: PATRICK MONEDA FAX 619691-5171 p. 1 1 PAGE BID ITEM #1 !)¡STALL AND PROVIDE DOUBLE MAST ST LT 12 EA. @ $3416.00 EA. $40,992.00 BID ITEM #2 INSTALL 1.5 INCH CONDUIT WITH WIRING 2800 LF @ S12.20 PLF $34,160.00 BID ITEM #3 COMBINED ITEM #1 AND #2 COMPLETE LS @ TOTAL $75,152.00 ************************************************************************ By use of this estimate it will be atr~chcd to the sub-contract as exhibit # 1. This qUDte, pricing can be held 30 days. THIS FAX IS CONSIOERED PRIVATE MAIL AND MAY NOT BE TRANSFERRED TO OTHERPARTJES WITHOUT PERMISSION FROM SENDER. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE CONTAcr US IMMEDIATELY. THANK YOU! ¡'LMS CONSTRl:CTlON INC.l225 LINDA VISTA DRIVE, SAN MARCOS, CA. PHONE (760) 731- 6156, FAX (760) 731- 6158, LIC. NO# A-765590 IF YOU HA VEANY QUESTIONS PLEASE CALL. THANK~ _ #_ ~ XV~~/ RON SCHNEIDER VICE PRESIDENT , 5-11 ~a~ 08 02 08:21a Lekos Electric lS1S4470402 p. I Lekas Electric, Inc. 1370 Pioneer Way EI Cajon, CA 92020 Tel (619) 447-7661 Fax (619) 447-0402 License No. 588410 C-1 0, Expires 2/29/00 FAX TRANSMITTAL DATE: May 8, 2002 TIME: 8:05 am TO: City of Chula Vista ATTN: Patrick Moneda RE: Main Street Lighting from Nirvana to 3000' East MESSAGE: The following is a quote to supply and install twelve (12) double City of Chula Vista street lights with conduit and wire complete and in place for the above referenced project. 12 @ $5,645.00 each ~ $67,740.00 Excludes; Bond, fees, permits, street crossings. FROM: Robin Vincent TITLE: Administrative Assistant NUMBER OF PAGES INCLUDING COVER SHEET: 1 --------- '-'-~,-- - -.---. S-jP- -.---- Ma~ U~ u¿ U~:~2a Lekas t:.lectric 161~4470402 p.1 lekas Electric, Inc. 1370 Pioneer Way EI Cajon, CA 92020 Tel (619) 447-7661 Fax (619) 447-0402 License No. 588410 C-l 0, Expires 2/29/00 FAX TRANSMITTAL DATE: May 8, 2002 TIME: 8:06 am TO: City of Chula Vista ATTN: Patrick Moneda RE: Main Street Lighting from Nirvana to 3000' East MESSAGE: The following is a quote to provide twelve (12) double City of Chula Vista street lights for the above referenced project. 12 @ $2,145.00 each = $25,740.00 Excludes: Bond, fees, permits. FROM: Robin Vincent TITLE: Administrative Assistant NUMBER OF PAGES INCLUDING COVER SHEET: 1 6"..-/3 f'1a~ UÖ U¿ UH: l~a Lekas Electric 16194470402 p.1 Lekas Electric, Inc. 1370 Pioneer Way EI Cajon, CA 92020 Tel (619) 447-7661 Fax (619) 447-0402 License No. 588410 C-1 0, Expires 2/29/00 FAX TRANSMITTAL DATE: May 8, 2002 TIME: 8:04 am TO: City of Chula Vista ATTN: Patrick Moneda RE: Main Street Lighting from Nirvana to 3000' East MESSAGE: The following is a quote to supply and install 2,800' of 1 %" Schedule 80 conduit with a pullrope in the center median of the above referenced project. 2,800 L.F. @ $12.00 each L.F. = $33,600.00 Excludes: Bond, fees, permits. street crossings and wire. FROM: Robin Vincent TITLE: Administrative Assistant NUMBER OF PAGES INCLUDING COVER SHEET: 1 5-/1 ---- -- ----.--.. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, ACCEPTING INFORMAL BIDS AND AWARDING CONTRACT FOR THE "MAIN STREET MEDIAN STREET LIGHTING FROM NIRVANA AVENUE TO HERITAGE ROAD" PROJECT (LD-107) TO PERRY ELECTRIC, INC. IN THE AMOUNT OF $47,100 WHEREAS, staff realized based upon an initial analysis that it was possible to solicit bids under $50,000 for the "Main Street Median Street Lighting from Nirvana Avenue to Heritage Road" Project (LD-107); and WHEREAS, staff elected to pursue accordance with Section 1009 of the City Charter expediting the administrative process; and informal bids in for the purpose of WHEREAS, on May 8, 2002, the Director of Public Works received the following five informal bids for the project: Contractor Amount Perry Electric $47,100.00 Paterson Brothers Lighting, Inc. $55,700.00 Sierra Electric $71,250.00 HMS Construction, Inc. $75,152.00 Lekos Electric, Inc. Insufficient Bid WHEREAS, the low bid of $47,100 for the project was received from Perry Electric, Inc. and is below the Engineer's estimate of $55,000 by $7,900 or approximately 14%; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Perry Electric, Inc.; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301 (Minor Alterations of Existing Public Improvements or Public Structures) . 1 5-- ) 'I NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby waive the competitive bidding process and accept informal bids and award a contract for the "Main Street Median Street Lighting from Nirvana Avenue to Heritage Road" Project (LD-107) to Perry Electric, Inc. in the amount of $47,100. Presented by Approved as to form by D~7.~ ~ John P. Lippitt Director of Public Works John M. Kaheny city Attorney [J:\ATTORNEY\RESO\ street light bid (June 12, 2002 (9:56AM)] 2 5-/5 COUNCIL AGENDA STATEMENT Item Meeting Date: 6/18/02 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Sidewalk Improvements on the North Side of "D" Street Between Third Avenue and Landis Avenue in the City of Chula Vista, California (STL-270)" Project to Portillo Concrete Inc. SUBMITTED BY: Director of Public Works/~ REVIEWED BY: City Manager ~;~ (4/5ths Vote: Yes No X ) On May 8, 2002, the Director of Public Works received sealed bids for the "Sidewalk Improvements on the North Side of "D" Street Between Third Avenue and Landis Avenue in the City of Chula Vista, California (STL-270)" Project. Approval of this resolution will award the contract to Portillo Concrete Inc. The work to be done, includes excavation, grading, placement of asphalt concrete pavement, removal and replacement of P.C.C. curb and gutter, cold planing, installation of P.C.C. sidewalk, P.C.C. driveways, pedestrian ramp, removal and disposal of existing improvements, traffic control, and protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Improvements on the North Side of "D" Street Between Third Avenue and Landis Avenue in the City of Chula Vista, California (STL-270)" to Portillo Concrete Inc. of Chula Vista, California, in the amount of $15,870.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On December 1 l, 2001 Council adopted Resolutions 2001-428, 2001-429 and 2001-430. Resolution 2001-428 accepted a petition signed by the property owners at 305, 311,317 and 321 "D" Street for the formation of an assessment district pursuant to the Block Act to finance the construction of the missing sidewalk improvements along the north side of "D" Street. Resolution 2001-430 approved the proposed district boundary map. Resolution 2001-429 declared the intent to form an Assessment District No. 2001-3. The map showing the proposed boundaries for Assessment District 2001-3 was filed and recorded at the San Diego County Recorder's office on January 30, 2002. The City is financing the construction costs and will be reimbursed by the property owners through collection on the tax roll over a period often years. Engineering Staffprepared plan and specifications and advertised the project. Staffreceived and opened bids for the project on May 8, 2002. Page 2, Item /, Meeting Date: 8/29/00 The City received bids from six contractors as follows: CONTRACTOR BID AMOUNT 1. Portillo Concrete, Inc., Chula Vista, California $15,870.00 2. Koch-Armstrong Gen. Eng. Inc., Lakeside, California $19,211.40 3. Tynaco Co., Chula Vista, California $22,170.00 4. MJC Construction, Chula Vista, California $23,820.00 5. A.B. Hashmi, Lakeside, California $26,960.00 6. Viking Company, San Diego, California $30,177.86 The low bid by Portillo Concrete Inc. is below the Engineer's estimate of $28,750.00 by $12,880.00 or approximately 45%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 680144 is current and active. Staff has reviewed the low bid and recommends awarding the contract for $15,870.00 to Portillo Concrete Inc. of Chula Vista, Calilbrnia. Please note that the low bid is within the cost limits that would allow the City Manager to approve the contract, staff believes it is proper that Council award the contract since the project will be constructed as part of an assessment district and four property owners will be paying for the construction portion of the project. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Existing Facilities). Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women o~vned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Portillo Concrete Inc.) $15,870.00 B. Contingencies (approximately 30%) $5,000.00 C. Staff Costs (Design, Smwey & Inspection) $4,100.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $24,970.00 Page 3, Item Meeting Date: ~29/00 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax $24,970.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $24,970.00 Upon completion of the project, only routine maintenance will be required. Attachment: Contractor's Disclosure Statement J:\Engineer\AGENDA\STL270-A 113.cm.doc THE CITY OF CHULA VISTA DISCLOSUKE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contn'butions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or thc contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. o Po 'n ceo 13 J:~Engine~r'uLDMrNK2ONTRAC'BSTL270CM.doc 5. Has any person* associated with this contract had any fmancial dealings with an officiaJ,** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_NoL If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within ~>ISt twelve (12) months to a current member of the Chula Vista City Council? Yes No~IfYes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives, non-profit Board of Directors made contributions totaling more than $1,000 ~ the past four (4) years to a current member of the Chula Vista City Council? Yes_No If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (ThiS~des being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No If Yes, whichofficial** and what was the nature of item provided? Date: 5/øID'"L -4!1atÞò rPdtIAJ Signature of Contractor/ Applicant N Ftf!-lD Pr;r¿T/LLb Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social c1ub, fiatemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:lEngineerIADMIN\CONTRACMTI27OCM.doc 14 I}..·,", 1..0·· ~, RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK IMPROVEMENTS ON THE NORTH SIDE OF "D" STREET BETWEEN THIRD AVENUE AND LANDIS AVENUE IN THE CITY OF CHULA VISTA, CA. (STL-270)" PROJECT TO PORTILLO CONCRETE WHEREAS, on May 8, 2002, the Director of Public Works received the following six sealed bids for "Sidewalk Improvements on the North Side of "D" Street between Third Avenue and Landis Avenue, in the City of Chula Vista, Ca. (STL-270)": Contractor Bid Amount Portillo Concrete, Inc. , Chula vista $15,870.00 Koch-American Gen. Eng. , Lakeside $19,211. 40 Tynaco Co. , Chula Vista $22,170.00 MJC Construction, Chula Vista $23,820.00 A. B. Hashmi, Lakeside $26,960.00 Viking Company, San Diego $30,177.86 WHEREAS, the low bid by Portillo Concrete, Inc. is below the Engineer's estimate of $28,750 by $12,880 or approximately 45%; and WHEREAS, Engineering staff checked the references provided by the contractor and all references were verified and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Portillo Concrete, Inc.; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Existing Facilities); and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this project. 1 fc;-fp NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Sidewalk Improvements on the North side of "D" Street between Third Avenue and Landis Avenue in the City of Chula Vista, California (STL-270)" project to Portillo Concrete, Inc. in the amount of $15,870.00. Presented by Approved as to form by DcwUA. b-l-~ John P. Lippitt Director of Public Works .-- John M. Kaheny City Attorney J:\attorneyIRESQ\ sidewalk improvements bids (June 6, 2002 (11 :16AM)] 2 10-1 COUNCIL AGENDA STATEMENT / Item Meeting Date 06/18/02 ITEM TITLE: Resolution Approving Change Order Nos. 2 and 3 tbr the "Phase I of the Salt Creek Gravity Sewer Interceptor (SW219) and the Main Street Pavement Reconstruction between Broadway and Interstate 805 (STM-332)" Project and Authorizing the Director of Public Works to Execute Said Change Orders on Behalf of the City SUBMITTEDBY: DirectorofPublic Work~s~ REVIEWED BY: City Manager ~ (4/Sths Vote: Yes __ No X On September 18, 2001, the City Council approved Resolution No. 2001-313 awarding a contract in the amount of $8,729,617.75 (plus contingencies of $875,000.00) to Hazard Construction Company/T.C. Construction Company, Inc., a Joint Venture, for the installation of a 42-inch gravity sewer line within Main Street between Broadway and Interstate 805 (SW-219). This contract also includes the reconstruction of the street pavement section on Main Street, between Broadway and Interstate 805 (STM-332). Proposed Change Order No. 2, in the amount of $70,768 (Attachment "A"), is for additional work and equipment to increase the depth of the sewer between Otay Valley Road and 1-805 that was made necessary by revisions to the design of the sewer in the next phase of construction east of 1-805. Proposed Change Order No. 3, in the amount of $76,036 (Attachment "B"), is for additional labor, equipment, and materials necessary to remove and replace an existing shallow and deteriorated 42" Corrugated Metal Pipe (CMP) on Main Street that is no longer able to support traffic loads with a 36" diameter Reinforced Concrete Pipe (RCP). RECOMMENDATION: That Council Approve the Resolution Approving Change Order Nos. 2 and 3 for the "Phase I of the Salt Creek Gravity Sewer Interceptor (SW219) and the Main Street Pavement Reconstruction between Broadway and Interstate 805 (STM-332)" Project and Authorizing the Director of Public Works to Execute Said Change Orders on Behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Proposed Contract Change Order No. 2 is necessary due to design changes in the next phase of sewer construction east of 1-805, which resulted in the need to change the depth of the pipe in the current construction phase between Otay Valley Road and 1-805. In addition, an existing 10" Vitrified Clay Pipe (VCP) sewer will be abandoned between Melrose Avenue and 1-805, thereby eliminating future maintenance costs for this segment of said 10" VCP. The following is a summary of prior City Council actions with regard to this project and actions recommended by staff under the proposed resolution: Page 2, Item f Meeting Date 06/18/02 Action Description Authorization Amount Original (Base Contract) Contractor's Base Bid as Awarded by City Council Res. 2001-313 $8,729,617.75 Council on September 18, 2001 Change Order No. I Additional Conduits for l~ture utility use byCouncil Res. 2001-423 $ 93,130.00 the City Proposed Change Order Change of depth of pipe in Phase I due to Proposed for City $ 70,768.00 No. 2 design changes in next sewer phase Council Approval Proposed Change Order Remove existing 42" Corrugated Metal Pipe Proposed for City $ 76,036.00 No. 3 (CMP) and replace with 36" Reintbrced Council Approval Concrete Pipe Total $8,969,551.75 FISCAL IMPACTS: Proposed Change Order Nos. 2 and 3 total $146,804. The Proposed Change Orders, along with prior Change Order No. 1 for $93,130 approved by City Council Resolution No. 2001-243, will increase the contract amount from $8,729,617.75 to $8,969,551.75. Sufficient funds are available in the contingency funds encumbered for the SW-219 Project Account to cover the increase in the contract amount. In addition, there will be an undetermined savings in future maintenance costs due to the abandonment of an existing 10" VCP sewer between Melrose and 1-805. Attachments: (A) Change Order No. 2 (B) Change Order No. 3 J:\Engineer\AGENDA/SW219 CCO2&3.113.doc 06/05/2002 2:21 PM Cl~ O~ CHUIA VISIA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CHANGE ORDER NO. 2 - · April 27, 2002 0735-10-SW219 CONTRACT: SALT CREEK GRAVITY SEWER INTERCEPTOR, REACH 9B CONTRACTOR: HAZARD CONSTRUCTION COMPANY / TC CONSTRUCTION COMPANY, (a joint venture) The following changes shall be made to the referenced contact between the CITY OF CHULA VISTA and HAZARD CONSTRUCTION COMPANY/TC CONSTRUCTION COMPANY, INC. (Contractor): 1. The contractor shall install the new sewer line from sta. 152+49 to167+99 per revised elevations shown on Drawing Nos. 01-028-27 thru 01-028-30. Lump sum $ 34,065.00 2. The contractor shall abandon in place and fill with grout the existing 10" VCP sewer. between station 60 + 40 and station 167 + 75. Lump sumS5,269.00 3. The contractor shall install 18' of 42" CL. 53 Ductile Iron Culvert crossing at sra.155+75 Lump sum $14,115.00 4. The contractor shall bypass the existing 10" VCP sewer (see item #2 ) by pumping during the tie-in operation at Poggi Canyon sewer at sta. 167+80. Lump sum $1,469.00 5. The contractor shall install an additional 8' Dia. Manhole at sta.167+75 per Drawing Nos. 01-028-27 thru 01-028-30. Lump sum $19,000.00 6. Delete 18' of 42"PVC at sta.155+75 at the box culvert. Deduct ($3,150.00) 1 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021 The agreed lump sum price includes all costs for furnishing all tools, labor, materials, equipment, incidental costs and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications and applicable standard drawings. ORIGINAL CONTRACT PRICE: $3,978,900.00 PREVIOUS CHANGE ORDER: 93,130.00 THIS CHANGE ORDER: $70,768.00 TOTAL CONTRACT PRICE: $4,142,798.00 ORDERED BY ACCEPTED~ APPROVED BY CLIFFORD L. SWANSON ~ JOHN P. LIPPITT Deputy Dir. of Public Work HAZARD CONSTRUCTION / Director of Public Works City Engineer TC CONSTRUCTION 2 CITY OF CHULA VISTA CI]Y Of: CHUIA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CHANGE ORDER NO. 3 -, June 3, 2002, 0735-10-SW219 CONTRACT: SALT CREEK GRAVITY SEWER INTERCEPTOR, REACH 9B CONTRACTOR: HAZARD CONSTRUCTION COMPANY / TC CONSTRUCTION COMPANY, (a joint venture) The following changes shall be made to the referenced contact between the CITY OF CHULA VISTA and HAZARD CONSTRUCTION COMPANY/TC CONSTRUCTION COMPANY, INC. (Contractor): 1. Contractor shall install 36"diameter 2500D RCP storm drain pipe between Stations 36+90 and 40+10 of Drawing No. 01029-02. 320 L.F.@ $194.27 $62,166.40 2. Contractor shall remove / dispose of existing CMP between Stations 36+90 and 40+10 of Drawing No.01029-02. Lump Sum $ 3,840.00 3. Contractor shall install (1) ONE A-5 cleanout @ Station 40+10 of Drawing No. 01029-02 Lump Sum $2,733.00 4. Contractor shall remove existing A-5 cleanout @ Station 40+10 of Drawing No. 01029-02 Lump Sum $1,238.00 5. Contractor shall install a concrete lug connection to the existing A-5 cleanout @ Station 36+90 of Drawing No. 01029-02 Lump Sum $ 600.00 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / {619) 691-5021 6. The contractor shall pothole (12) twelve existing utilities @ 205.25 12@ $205.25 each $ 2,463.00 7. Contractor shall provide all traffic control required to perform items 1through 6 of this change order Lump sum $ 2,995.00 TOTAL PRICE: $76,035.40 The agreed upon total price includes all costs for furnishing all tools, labor, materials, equipment, incidental costs and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original (base) contract, Green Book specifications and applicable standard drawings. ORIGINAL CONTRACT PriCE: $3,978,900.00 PREVIOUS CHANGE ORDERS: 163,898.00 THIS CHANGE ORDER: $76,035.40 TOTAL CONTRACT PRICE: $4,218,833.40 ORDERED BY A APPROVED BY CLIFFORD L. SWANSON W.S. ROGF::d~ JOHN P. LIPPITT Deputy Dir. of Public Work Hazard Construction / Director of Public Works City Engineer TC Construction 2 CITY OF CHULA VISTA RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. 2 AND 3 FOR THE "PHASE I OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (SW-219)" AND THE MAIN STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND INTERSTATE 805" (STM-332)" PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY WHEREAS, on September 18, 2001, the City Council approved Resolution No. 2001-313 awarding a contract in the amount of $8,729,617.75 (plus contingencies of $875,000) to Hazard Construction Company/T.C. Construction, Inc., a Joint Venture for the installation of a 42-inch gravity sewer line within Main Street between Broadway and Interstate 805 (SW-219) and also includes the reconstruction of the street pavement section on main Street, between Broadway and Interstate 805 (STM-332); and WHEREAS, proposed Change Order No.2, in the amount of $70,768) is for additional work and equipment to increase the depth of the sewer between Otay Valley Road and 1-805 that was made necessary by revisions to the design of the sewer in the next phase of construction east of 1-805; and WHEREAS, proposed Change Order No.3, in the amount of $76,036 is for additional labor, equipment, and materials necessary to remove and replace an existing shallow and deteriorated 42" Corrugated Metal Pipe (CMP) on Main Street that is no longer able to support traffic loads with a 36" diameter Reinforced Concrete Pipe (RCP). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Change Orders Nos. 2 and 3 for the "Phase I of the Salt Creek Gravity Sewer Interceptor (SW-219) and for Main Street Pavement Reconstruction, between Broadway and Interstate 805 (STM-332)". BE IT FURTHER RESOLVED that the Director of Public Works of the City of Chula Vista is hereby authorized and directed to execute said change orders on behalf of the City of Chula Vista. Presented by Approved as to fonn by John P. Lippitt Director of Public Works v)~~v D Jo M. Kaheny I ty Attorney J:\Attomey\Reso\Salt Creek Sewer Interceptor C02&3 1f-7 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 6/18/02 ITEM TITLE: Resolution Declaring its intention to provide for the levy and collection of assessments in Open Space Maintenance District No. 23 (Otay Rio Business Park) for Fiscal Year 2002-2003 and to amend the areas to be maintained, approving the preliminary Engineer's Report, and setting the time and place for a public hearing, and ordering the initiation of assessment ballot procedures SUBMITTED BY: Director of Public Works~ REVIEWED BY: City Manager fid ~t'/ Open Space District No. 23 was originally established on September 15, 1992 to maintain three open space lots and medians along the east side of the Otay Rio Business Park development. The current property owners wish to add a 2800-foot long median on Main Street, which is currently being maintained by contract, to the areas being maintained by the District. Passage of this resolution will initiate the proceedings for the annual levy of assessments within Open Space District No. 23 and for the amendment of the areas to be maintained to include the Main Street median in accordance with the provisions of Article XIIID of the California State Constitution. RECOMMENDATION: That Council adopt the resolution to: 1. Declare the intention of the City Council to provide for the levy of annual assessments within Open Space Maintenance District No. 23. 2. Declare the intention of the City Council to amend the areas to be maintained by adding the Main Street median. 3. Approve the preliminary Engineer's Report. 4. Order the initiation of ballot procedures in accordance with Article XIIID of the California Constitution 5. Direct the City Clerk to notice the public hearing 6. Set August 6, 2002, at 4:00 p.m. as the date and time for the public hearing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Page 2, Item Meeting Date 6/18/02 Background On September 15, 1992 Council adopted Resolution No. 16810 (Attachment A), which established Open Space District No. 23, Otay Rio Business Park (the "District"). This District was established in accordance with the Lighting and Landscaping Act of t972 to maintain three open space lots, medians and parkways totaling 61,500 square feet. The annual maintenance cost was estimated at $16,260.00. This was to include the maintenance of theme walls, monuments and brow ditches located within open space lots. It was anticipated during the formation of the District that additional open space areas would be turned over for maintenance in future after additional maps were recorded. After formation of this Open Space District, the original plan to develop this area into an industrial park changed. These parcels were developed into Coors Amphitheater (owned by House of Blues) and a water park (currently known as Knott's Soak City). The areas maintained by the District include only medians and parkways along Heritage Road and Entertainment Circle (Otay Rio Road). The City has been required to keep the remaining open space in a natural state, with expenses related to the City's Multiple Species Conservation Program (MSCP). On March 28, 2000, the City Council accepted the landscape and lighting improvements to be installed in the approximate 2800 linear-foot Main Street median located east of Nirvana Avenue parallel to the northern border of the Otay Rio Business Park (the "Main Street Median"). The enhanced landscape serves as a gateway for the amphitheatre and water park. Acceptance of these improvements anticipated that ongoing maintenance would be accomplished by amending the areas to be maintained within Open Space District 23 to include this landscaped median. As of August 1, 2000, the improvements consisting of palm trees with uplighting and groundcover at both ends of the Main Street Median had been completed. Due to the timing of the completed construction, the City contracted with Blue Skies Landscape Maintenance Company to maintain these improvements for a period of one year. The House of Blues and Knott's Soak City reimbursed the City for the expenditure to maintain the Main Street Median during Fiscal Year 2000-01. Originally, it was anticipated that the District would be amended to include maintenance of the Main Street Median commencing with Fiscal Year 2001-02. However, City staff subsequently entered into discussions with Knott's and House of Blues, who had concluded that the landscaping work for both the Main Street Median and the other areas being maintained by the District could be performed more cost effectively by having the property owners contract directly with the firm performing this work for the City. Therefore, the property owners were not assessed for Open Space District 23 during Fiscal Year 2001-02, and a maintenance agreement with the City was prepared for the property owners' signatures. After a considerable amount of review and discussion, the property owners decided that it would not be desirable for them to accept the liability associated with performing the landscaping on City rights-of-way. On February 21, 2002 Knott's and House of Blues were invoiced a total of $37,840 to pay for maintenance for the period of July 1, 2001 Page 3, Item Meeting Date 6/18/02 through December 31, 2002. This includes $23,890 for the area within the existing district and $13,950 for the Main Street Median. The revenue was collected through December 31, 2002 in anticipation that such costs for the amended Open Space District would be included in the annual assessments placed on the tax roll for Fiscal Year 2002- 03. Since revenue from the tax roll is generally not available until January, the City needed to collect funds to cover the estimated expenditures for July 1, 2002 through December 31, 2002. Open Space District Amendment Proposition 218, which took effect on July 1, 1997 and is incorporated into Article XIID of the California Constitution, requires that all existing, new, or increased assessments comply with the act unless they fall under several exempted categories. Districts established for landscaping and lighting maintenance are not considered automatically exempt. The original developers of the Otay Rio Business Park unanimously agreed to the formation of an open space district and thus the existing assessments authorized to be levied within the District are not directly subject to Proposition 218 requirements. Expanding the area to be maintained by the District, however, may subject the assessments levied within the District to the Proposition 218 requirements, which include preparing a new Engineer's Report and conducting an assessment ballot procedure among all property owners. The boundaries of Open Space District No. 23 will remain unchanged and are consistent with Chula Vista Tract 87-60tay Rio Business Park Units 1, 2, 3, and 4. It has been determined that no additional properties can reasonably be considered to specially benefit from the Main Street Median. Although there are several industrial properties to the north of Main Street near Nirvana Avenue, a landscaped median does not really enhance the utility of industrial land. The land use designation of the vacant land east of Heritage Road, which is across from the parcels owned by Knott's and House of Blues, does not permit development. All other property bordering the median is permanently designated as open space. The amendment to the areas to be maintained will increase the amount of open space to be maintained by the District to include the Main Street Median located east of Nirvana Avenue parallel to the northern border of the Otay Rio Business Park. The median is approximately 2800 feet in length and approximately 1.03 acres in size. Boundaries of the District and a complete discussion of the areas to be maintained, costs and method of apportionment are provided in the Preliminary Engineer's Report (Attachment B). The total cost for the existing maintenance, based on Fiscal Year 2002- 03 dollars, is $18,864. This is more than the original estimate of $16,260. However, since the maximum acreage rate adopted in Fiscal Year 2001-02 was 40 percent higher than the or/ginal rate calculated in Fiscal Year 1992-93, the new annual assessment amount may actually be considered a decrease from the maximum amount allowed under the District. Page 4, Item Meeting Date 6/18/02 The cost of the median maintenance is estimated at $24,260. This assumes once per year trimming for each tree. Other discussion is included in the preliminary Engineer's Report. Since the levy of the assessments within the District must comply with the provisions of Article XIIID, the method of allocating each property's fair share needs to be reevaluated to insure that it also complies with the substantive requirements of Article XIIID. Based on the advice of the City's Special District Counsel, it was determined that the use of acreage would be a reasonable and justifiable method to spread the cost over the parcels. This is the methodology which has been used to apportion the assessments for the District. Total area of the parcels within the District (excluding open space areas) is 90.06 acres. Based on the total cost of $43,124, the assessment cost per acre will be established at $478.8363. This maximum assessment amount shall be adjusted each fiscal year by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index or the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's Budget. There was an actual fund balance of $9049 for Open Space District 23 as of July 1, 2001. The payments made by Knott's and House of Blues during Fiscal Year 2001-02 provide for a reserve of $12,613 to cover expenses during the first six months of Fiscal Year 2002-03. Since these combined funds provide an approximate reserve of 50 percent, it is recommended that the City levy the maximum assessment amount for the District for Fiscal Year 2002-03. FISCAL IMPACT: None. The cost to maintain the District improvements is paid by the property owners through the levy and collection of annual assessments. Annual staff and administration costs of $6580 are also included in the assessment. The City's General Fund would be reimbursed for these expenses. Contractual costs of $15,850 are recovered from the amount collected, causing no net fiscal impact to the City. The exact amount of the maximum assessment and the collectible will be determined annually. Attachments: A. Resolution No. 16810 and Council Agenda Statement B. Preliminary Engineer's Report J:\ENGINEER\AGENDA\OSD23REV2.EMC.DOC FILE# 0725-30-OSD23 RESOLUTION NO. 16810 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO. 23, OTAY RIO BUSINESS PARK, AND CONFIRMING THE DIAGFCAM AND ASSESSMENTS FOR FISCAL YEAR 1992-93 WHEREAS, the developer of Otay Rio Business Park Subdivision, Chula Vista Tract 87-6, ha~ petitioned for the formation of an open space district' in accordance with the criteria contained in Chapter 17.07 of the Chula Vista Municipal Code, incorporating in substantial part the Lighting and Landscaping Act of 1972 (commencing at Section 22500 of the Streets and Highways Code); and, WHEREAS, pursuant to the provisions of Streets and Highways Code Section 22585, the City Council adopted a resolution proposing to form the assessment district as to all property with the boundaries shown on Exhibit A, on August 18, 1992, which resolution described the improvements required to be financed by the district and ordered the preparation of an Engineer's Report; and, WHEREAS, on August 18, !992, by Resolution No. 16759, the City Council approved the Engineer's Report on the proposed Open Space District No. 23, Otay Rio Business Park, and declared its intention to order the formation of the assessment district at a public hearing to be conducted on September 15, 1992, in accordance with the provisions of Section 22587 of said Act; and, WHEREAS, the City Clerk has given notice of said public hearing by causing the resolution of intention to be published, posted and mailed as provided in Section 22556; and, WHEREAS, on September 15, 1992, the City Council conducted a public hearing and afforded all interested persons the opportunity to hear and be heard, and considered all oral statements and written protests or communications made thereat or filed by any interested person and received any and all protests regarding the formation of the district and the levy of the proposed assessment; and, WHEREAS, at said public hearing the City Counc'il overruled any protests and ordered the improvements to be made and the formation of Open Space Maintenance District No. 23 and confirmed the diagram of the District. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order, determine and resolve as follows: Resolution No. 16810 Page 2 SECTION 1. The City Council does hereby confirm the assessment for said district in the amount of $0 per acre for the full 1992/93 fiscal year. Presented by Approxw~ as to form/b~ ~rk~/~ ~tu~~ · torneygaard Resolution No. 16810 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of September, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16810 was duly passed, approved, and adopted by the City Council held on the 15th day of September, 1992. Executed this 15th day of September, 1992. ~ .~..' j / .. ', ~,-'-,~,~ Beverly A. Authelet, City Clerk COUNCIL AGENDA STATEMENT Meeting Date 9/15/92 ITEM TITLE: Public Hearing to form ChulaVista Open Space Maintenance District No. 23, Otay Rio Business Park RESOLUTION ][0~/~ Ordering the improvements and the formation of Open Space District No. 23 (Otay Rio Business Park), confh'~g the diagram and assessments for Fiscal Year 1992-93 SUBM~ITTED BY: Director of Public Works/~j f') Director of Parks and Recreation~: REVIEwI/;D BY: City Manager (4/5th~ Vote: Yes No X ) On August 18, 1992, the City Council approved the Engineer's Report on the proposed Open Space District No. 23, Otay Rio Business Park, and set September 15, 1992 as the date for a public hearing on the proposed formation. The boundaries of the proposed district are shown on Attachment "A". RECOMMENDATION: That the City Council: 1. Hold the public hearing; and 2. Adopt the resolution ordering the improvements, forming Open Space District No. 23, confirming the diagram and levying assessment for FY 1992-93. BOARDS/COMMISSIONS RECOMMENDATION: Not apphcable. DISCUSSION: This hearing has been noticed by the City Clerk in accordance with Section 22556 and 22588 of the Streets and Highways Code. Letters were sent to all property owners informing them about the proposed assessment and the public hearing. After conducting the public hearing, the final step in the proceedings for the formation of the district requires that Council adopt a resolution which (1) orders the improvements, (2) forms the open space m~tutenance district, (3) confirms the district diagram and (4) levies the assessment either as originally approved in the Engineer's Report or as modified by Council subsequent to the public hearing. The proposed assessment for Fiscal Year 1992-93 is $0 per unit. Turnover of the open space is not anticipated to occur until January 1994. In conjunction with the annual proceedings for the open space hearing next July, the property owners will be assessed for fiscal Year 1993-94. ' Page 2, Item II Meeting Date 9/15/92 The Engineer's Report approved by Council is as follows: R _eport on _Open Space District No. 23. Otay Rio Business Park Back~round This report was prepared pursuant to City Council direction and in compliance with the requirements of Division 15, Part 2, Chapter 1 of the Streets and Highways Code of the State of Catlfomia and the Chula Vista Municipal Code, Section 17.07. On July 28, 1987 by Resolution 13173, the City Council approved the tentative map for Chula Vista Tract No. 87-60tay Rio Bu?,iness Park, Unit 1. The final map for Unit 1 was approved September 19, 1989 by Resolution 15313. A condition of approval required that the open space lots created by the map be maintained by an open space district. II. Boundaries of District The boundary of the district corresponds to the boundary of Chula Vista Tract 87-6, Otay Rio Business Park Units 1, 2, 3 and 4 and is shown on the Assessment Diagr. mn. on file in the Office of the City Engineer. A reduced copy, Attachment ~A~, is included in this report. As permitted in the Streets and Highways Code Section 22571, the details of the individual lots (lines, dimensions and bearings) are shown in the County Assessor's Maps on file in the San Diego County Assessor's office. 1TT. Maintenance Items Initially, the areas to be maintained consist of three open space lots and median totalling 61,500 square feet. These are the highly visible areas adjacent to Olay Valley Road near Otay Rio and Spyglass ~111 Roads. Upon recordation of additional maps and construction of additional improvements, additional open space areas will be turned over for maintenance. No estimate of those future costs is available yet. It is anticipated that the residential area when it develops will either participate in another district or will be a separate zone from the industrial parcels within Open Space District No. 23. The facilities and items of maintenance included within the District are as follows: 1. Maintain landscaping and irrigation system improvements w~thin the designated open space lots, medians and within the parkways adjacent to open space lots. Page 3, Item_~ Meeting Date 9/15/92 2. Maintain theme walls and monuments located within open space areas including graffiti removal. 3. Maintain brow ditches w/thin open space lots (Public Works). The maintenance program for Open Space District 23 consists in general of the following: 1. Repair, removal, or replacement of all or any part to any improvement. 2. Irrigation, ferfiliTaton, trimming, and replacement of dead or diseased landscaping. 3. Weed abatement. 4. Removal of trimmings, trash and litter. 5. Removal of debris from brow ditches (Parks and Recreation). IV. Cost Estimate The estimated annual cost for maintenance of Open Space Maintenarlce District No. 23 Otay Rio is $16,260 for the three open space lots and median. This prelJmina~ estimate is based on information obtained from the developer and has been reviewed by the open space coordinator. See attachment ~B~. The estimated assessment on each parcel of land in the District is in direct proportion to the estimated benefit to be received by such parcel. One method of apportioning the benefit, and thus the cost of the maintenance, is based on the estimated traffic generated by each parcel. This is a r~a~onable approach because the open space consists of a median and lots adjacent to the major roadway. The proposed district will initially contain only industrial parcels which have the same traffic generation factor (200 trips per acre of land). Therefore, the total ADT for each parcel will be directly proportional to the gross area of the parcel. For purposes of distributing assessment, each industrial gross acre of land is equivalent to one assessment unit. The proposed distribution of assessment is shown in attachment 'CN. Unit 1 of the proposed district will contain 36 industrial units. The estimated arulual assessment for a typical unit would be approximately $290/acre based on present costs ($16,260/56 acres =$290/acre) If the reserve of 50% is built up over 5 years, the annual assessment would be approximately $320/acre. Page 4, Item l/ Meeting Date 9/15/92 Since turnover is not anticipated to occur until Fiscal Year 1993/94 a $0 assessment is applicable for Fiscal year 1992/93. V. Assessment Schedule It is anticipated that District maintenance activities will begin in January 1994 and consequently no assessment will be levied during the fiscal year 1992-1993. Attachment 'C' shows the proposed annual assessment during the first year which will provide the 50% reserve during the first year if turnover occurs in January. Initially, the annual maintenance cost .will be distributed among the existing parcels in Unit 1 of the Business Park. If additional units within the District develop and new open space lots are created and dedicated to the City, the maintenance cost and assessment spread would be adjusted accordingly. Plats are available for Council viewing. FISCAL IMPACT: Cost of district formation is paid for by the developer through a deposit. Annual staff and administration costs are included in the assessment. The City is in the process of acquiring 30 acres of land within this district for a Corporation Yard site. If the City acquires that land, the cost to the City is estimated to be approximately $9,600 each year. The exact amount of the assessment will be determined annually. Attachment: A - Open Space Maintenance District No. 23 Diagram B - Budget Estimate ATTACHMENT B ESTIMATED ANNUAL COST FY 1993-1994 OPEN SPACE DISTRICT 23 OTAY RIO BUSINESS PARK ~,i~M Contract Services $ 7,950 Utilities 4,480 Materials 520 Landscape Supplies 220 City Staff Services 2,680 Backflow Certif 160 Trash Collection 250 TOTAL BUDGET $16,260 ATtACHmENT C OPEN SPACE MAINTENANCE DI$~IH/CT NO. 23 OTAY RIO BUSINESS PARK ALLOCATION OF COST l~ 1993-94 F-a-~MENT ASSES.SMENT ~INU~, NUMBER APN AREA (ACRES) UNITS ASSESSMENT I 645-021-01 1.24 1.24 360.00 2 645-021-02 2.80 2.80 814.00 3 645-021-03 4.56 4.56 1.3~5.00 4 645-021-O4 0.87 0.87 253.00 5 645-021-05 0.83 0.83 241.00 6 645-021-06 0.87 0.87 2-~ ~ 7 645-021-07 0.93 n c~ 270.00 8 645-021-08 1.13 1.13 328.00 9 645-021-09 1.21 1.21 352.00 10 645-021-10 0.98 0.98 284.00 11 645-021-11 0.93 0.93 270.00 12 645-022-01 2.17 2.17 630.00 13 645-022-02 2.08 2.08 604.00 14 645-022-03 2.00 2.00 581.00 15 645-022-04 2.05 2.05 596.00 16 6.45-022-05 2.19 2.19 636.00 17 645-022-06 1.69 1.69 491.00 18 645-022-07 1.39 1.39 403.00 19 645-021-19 0.81 0.81 235.00 20 645-021-20 0.74 0.74 215.00 21 645-021.21 0.84 0.84 244.00 22 645-021-22 1.09 1.09 316.00 23 645-021-23 0.95 0.95 275.00 24 645-021-24 0.83 0.83 240.00 25 645-021-25 0.83 { 0.83 240.00 26 645-021-26 0.79 0.79 229.00 27 645-021-27 0.79 0.79 229.00 28 645-021-28 1.03 1.03 300.00 29 645.021-29 0.81 0.81 235.00 30 645-021-30 0.76 0.76 221.00 31 645-021-31 0.76 0.76 221.00 32 645-021-32 4.06 4.06 1,179.00 33 645-021-33 1.18 1.18 343.00 ~4 645-021-34 1.07 1.07 311.00 35 645-021-35 0.99 0.99 287.00 36 645-021-36 1.14 1.14 331.00 37 645-021-37 1.02 1.02 297.00 38 F~1.5-021-38 1.00 1.00 291.00 39 645-021-39 0.98 0.98 285.00 40 645.021-40 0.99 0.99 288.00 41 645-021-4 1 1.06 1.06 308.00 42 645-02 ! -42 0.79 0.79 229.00 43 645-021-43 0.76 0.76 220.00 TOTAL 55.99 16.260.00 PRELIMINARY ENGINEER'S REPORT OTAY RIO BUSINESS PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (OPEN SPACE DISTRICT 23) May 29, 2002 Introduction On August 18, 1992, the Chula Vista City Council accepted the Engineer's Report and initiated the proceedings for the formation of the landscape and lighting maintenance district for the Otay Rio Business Park (Open Space District No. 23) (the "District"). A public hearing was subsequently held on September 15, 1992 and Council authorized the formation of the District in accordance with the Landscaping and Lighting Act of 1972. Boundaries of the District and open space areas to be maintained are shown on Exhibit A. The boundaries of the District originally corresponded to the boundaries of Chula Vista Tract 87-60tay Rio Business Park Units 1, 2, 3 and 4. The District boundaries will remain the same; however, a final map was approved only for Unit 1 (Map 12458). The follo~ving parcels are included within the District boundaries: 645-020-12, 13,15 and 16 Undeveloped Open Space 645-020-17 645-021-01, 02, 03, 34, 35 and 47 645-021-44 Landscaped Open Space 645-022-11 The landscaped open space areas within the District include medians and parkways along Heritage Road and the portion of Entertainment Circle (Otay Rio Road) perpendicular to Heritage Road. There is also approximately 79 acres of open space that is part of the City's Multiple Species Conservation Program. These open space lots need to be maintained in a natural state and cannot therefore be developed. The proposed additional area to be maintained includes landscape and lighting improvements installed in the Main Street median, which is approximately 2,800 feet in length and is located east of Nirvana Avenue parallel to the northern border of the Otay Rio Business Park. The area also includes ground cover and a row of palm trees. It serves as a gateway for the Coors (House of Blues) Amphitheatre and Knott's Soak City entertainment venues. The median has previously been maintained through an agreement between the City and landscape maintenance firm. The House of Blues and Knott's Soak City have reimbursed the City for the cost of this contract. Proposition 218, which took effect on July 1, 1997, requires that all existing, new, or increased assessments comply with this constitutional amendment unless they fall under several exempted categories. Districts established for landscaping and lighting maintenance are not considered automatically exempt. The developers of the Otay Rio Business Park did unanimously agree to the original formation of an open space district and thus, the existing assessments and areas being maintained are not directly subject to Proposition 218 requirements. Expanding the area to be maintained by the District, however, may subject the assessments to Proposition 218 requirements. The requirements include preparing a new Engineer's Report and conducting an assessment ballot procedure among all property owners. 2 2-/¢ District Revisions Costs £or open space areas located within the parameters o£ the District are shown on Table 1. The Fiscal Year 2002-03 cost has been dctermined to be $18,864.00 A separate cost estimate has been prepared £or the Main Street median. The total £or Fiscal Year 2002-03 is $24,260.00, as shown on Table 2. The estimate for tree maintenance assumes that the palm trees will be trimmed once per year. The pro£essional services category includes the costs associated with amending this open space district. Although this catcgory may be reduced in subsequent fiscal years, some o£ these funds will be needed to pay £or staff costs other than in Public Works Operations. In order to determine what the rate would be For the annual maintenance, the parcels that would specially benefit from the areas to be maintained needed to be determined. Properties with zoning or land use designations as open space were excluded £rom the assessment. Although some o£ these parcels would be maintained by the District, the parcels themselves would not be used by the public or any private entity and there would not be a special benefit. There£ore, APN Nos. 645-020-12, 13, 15 and 16, which are unimproved open space areas, will not be assessed £or open space district maintenance. Note that a blanket easement over the entire parcel was granted to and accepted by the City For Parcel 645-020-13 on Map 12458. Parcel 645-020-15 is owned by the Environmental Trust and is to be preserved in its native state. The other parcels were zoned agricultural and noted on the City's General Plan as open space. Additionally, Parcel 645-021-44 was offered to and accepted by the City as an open space lot on Map 12458. This 1or forms a portion o£ the landscaped parkway along Heritage Road, so it will also be excluded from the assessment. The parcel to the east o£ Heritage Road (APN 644-060-11), which is not within the current District boundaries, currently has a General Plan land use designation as open space and cannot be developed. This parcel has there£ore not been included within the District, but annexation may be required in the £uture i£ the land use designation should change. The other parcels owned by the House o£ Blues and Knott's will be assessed by the District. This includes both parcels with constructed improvements and parcels with unimproved dirt areas which are used as overflow parking Tots. All lots are integral parts o£ these entertainment £acilities ~vhich benefit as a whole from the areas to be maintained. On the north side of Main Street just east of Nirvana Avenue, there are five parcels zoned and used for industrial purposes. Since landscaping does not enhance the use of industrial property, these parcels have not been included within the District. All other vacant properties adjacent to the landscaped improvements have land use designations either as open space or industrial. Since the median and parkway landscaping enhances the values of the properties in the District as a whole, it has been decided that the assessments would be apportioned based on acreage of the parcels. Total cost of District maintenance is $43,124. Total area of the parcels benefiting from the landscaping is 90.06 Acres. Therefore, the Rate of Assessment for Fiscal Year 2002-03 was determined to be $478.8363. The assessment on each parcel is shown on Table 3. The area determined to be specially benefiting from the areas being maintained is larger than the original area assessed for the District, 55.99 acres, which was based on the original subdivision for Otay Rio Business Park Unit I. Areas outside this subdivision were not originally charged. The maximum annual assessment shall be increased or decreased every fiscal year thereafter by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (all items) or the annual percentage increase, if any, in the California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. These factors are currently being used for the City's other Landscaping and Lighting Districts and are included in the Chula Vista Municipal Code Section 17.07.035. The Rate of Assessment recalculated for each Fiscal Year will be the maximum rate billable to the property owners. The end of year Operating Fund Balance and the Reserve Fund Requirement will need to be taken into account when determining the actual billing amounts for the fiscal year. The Reserve Fund is a fund or account that shall be maintained for the District in order to provide necessary cash flow for operation and maintenance during the first six months of the fiscal year, working capital to cover maintenance and repair cost overruns, or unanticipated maintenance expenses and funding shortfalls resulting from delinquencies that may arise in connection with the collection of the assessments. The Reserve Fund Requirement shall be a minimum of 50 percent and a maximum of 100 percent of the Total Budget Amount for the upcoming fiscal year. Should there be insufficient funds available to cover a 50 percent Reserve Fund Requirement, the reserve percent shall be as high as allowable at the Rate of Assessment for the upcoming fiscal year. The amount billable to parcels within the District for each fiscal year will therefore be calculated as follows: (Total Budget Amount) + (Reserve Fund Requirement) (Operating Fund Balance) = (Total Billable Amount) (Total Billable Amount = Billing Rate, which shall be less than or equal to the (Total Number of Acres) Rate of Assessment Based on the actual fund balance in the District on July 1, 2001 and payments made by Knott's and House of Blues during Fiscal Year 2001-02, a reserve of approximately 50 percent of the new Assessment Amount is anticipated. The Billing Rate will therefore be the same as the Rate of Assessment. Since the Billing Rate is equal to the Rate of Assessment, the Billing Rate is permissible. It is my opinion as the Assessment Engineer that: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District that receive special benefit from the areas to be maintained. J:\ENGINEER\ASMTDIST~OSDS\OSD23 Preliminary Engineer's Report v2.doc TABLE 1 EXISTING OPEN SPACE DISTRICT COSTS Planting/fire clearance $400.00 Landscaping Contract $7,150.00 Backflow Certification $40.00 Gas and Electric $120.00 Trash Collection and Disposal $280.00 Water $4,900.00 Irrigation System Repair $250.00 Materials and Supplies $1,110.00 City Staff Services $3,680.00 Share of Corporation Yard $380.00 Costs Multiple Species Conservation $554.00 Program TOTAL $18,864.00 TABLE 2 COSTS FOR ADDED MEDIAN Tree Trimming $2530.00 Professional Services $4000.00 Landscaping Contract $8700.00 Backflow Certification $80.00 Gas and Electric $720.00 Trash Collection and Disposal $280.00 Water $4130.00 Irrigation System Repair $190.00 Materials and Supplies $450.00 City Staff Services (Public $2900.00 Works) Share of Corporation Yard $450.00 Costs TOTAL $24,260.00 TABLE 3 ASSESSMENT PER PARCEL 645-020-17-00 33.32 $15~954.83 645-021-01-00 1.24 $593.76 645-021-02-00 2.80 $17340.74 645-021-03-00 4.56 $2~183.49 645-021-34-00 1.07 $512.35 645-021-35-00 0.99 $474.05 645-021-47-00 32.65 $157634.01 645-022-11-00 13.43 $6~430.77 TOTAL 90.06 $43~124.00 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARlNG ITS INTENTION TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN OPEN SPACE DISTRICT NO. 23 (OTAY RIO BUSINESS PARK) FOR FISCAL YEAR 2002-2003 AND TO AMEND THE AREAS TO BE MAINTAINED, APPROVING THE PRELIMINARY ENGINEER'S REPORT, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARlNG, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA has previously fonned a District pursuant to the tenns of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 ofthe Streets and Highways Code of the State of California. Such District is known and designated as OPEN SPACE DISTRICT NO. 23 (the "District"); and WHEREAS, at this time the City Council desires to take proceedings to amend the areas to be maintained in the District and provide for the aunual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the existing areas and proposed additional areas in said District; and WHEREAS, there has been presented to the City Council the Assessment Engineer's Report, as required by the State of California's Assessment Law (Article XIIID of the Constitution of the State of California; the Proposition 218 Omnibus Implementation Act - Government Code Section 53750, et seq.; the Landscaping and Lighting Act of 1972 are collectively referred as the "Assessment Law"), and this City Council desires to continue with the proceedings for said aunuallevy; and WHEREAS, this City Council has now carefully examined and reviewed the Assessment Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received trom the areas to be maintained, as set forth in the Assessment Engineer's Report and this City Council desires to preliminarily approve such report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY OF CHULA VISTA, CALIFORNIA, AS FOLLOWS: I. Recitals The above recitals are all true and correct. 2. Declaration of Intention The public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the aunual costs and expenses for the maintenance and/or servicing of the existing areas and proposed additional area for the above-referenced District, said existing areas and proposed additional area generally described in Exhibit A hereto which is incorporated herein by this reference. -1- 8-;)'1 3. Boundaries of District The existing areas and the proposed additional area to be maintained are of special benefit to the properties within the boundaries of said District. For particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk of the City of Chula Vista and open for public inspection, and is designated by name of this District. 4. Report of Assessment Engineer The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a pennanent record and to remain open to public inspection. Reference is made to said Assessment Engineer's Report for a full and detailed description of the existing areas and the additional area proposed to be maintained, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. 5. Assessments All costs and expenses of the maintenance and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received from the existing and/or proposed additional improvements. Assessments are proposed to be levied within the range of assessments proposed to be established for properties within the District as set forth in the Assessment Engineer's Report. The maximum assessment within such range shall be increased or decreased every fiscal year thereafter by the lesser of the aunual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (all items) or the aunual percentage increase, if any, in the California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. 6. Public Hearing Notice is hereby given that a public hearing is hereby scheduled in the regular meeting place of this legislative body located at 276 Fourth Avenue, Chula Vista, California 91910 on the following date and time: August 6, 2002 at 4:00 p.m. At such time the legislative body will consider and finally detennine whether to levy the proposed aunual assessment. The City Council shall consider all objections or protests, if any, to the aunual assessment proposed to be levied within the District. The City Council shall also detennine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the assessments proposed to be levied within the District exceed assessment ballots submitted in favor of such proposed assessments, as applicable. Pursuant to provisions of the Assessment Law, each record owner of property located within the District proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the District subject to the proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such -2- ¡; ,;5 assessment ballots may be delivered by mail or personal delivery to the City Clerk at the following address at or before 4:00 pm on August 6, 2002: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 All assessment ballots must be received by the City Clerk prior to the close of the public testimony during the public hearing on August 6, 2002. AN ASSESSMENT BALLOT RECEIVED AFfER THE CLOSE OF THE PUBLIC HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE AUGUST 6, 2002. At the conclusion of the public hearing on August 6, 2002, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists as to the levy of the proposed assessment, the City Council shall not impose the assessment proposed to be levied. A majority protest to the levy of an assessment exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assesments exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the ballots shall be weighted according to the proportional financial obligation ofthe affected property. If a majority protest is found to exist, the City Council may nevertheless levy the assessment in the same amount as levied in Fiscal Year 2001-2002. 7. Notice of Public Hearing The City Clerk is hereby directed to mail notice pursuant to the Assessment Law ofthe public hearing and assessment ballot proceedings and the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property located within the District. 8. Proceedings Inquiries For any and all infonnation relating to these proceedings, including infonnation relating to protest procedure, your attention is directed to the person designated below: John Lippit Director of Public Works City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5021 9. Effective Date. This resolution shall become effective upon its adoption. The provisions of this resolution shall supercede the provisions of Resolution No. 2002-194 adopted on June 11, 2002 only as such resolution applies to the District. -3- Ó" ;){¡; Presented by John P. Lippitt Director of Public Works J:\attomey\reso\os 23 amendment Approved as to fonn by D~ John M. Kaheny City Attorney c. -4- l' .? 1 ~ ~ Exhibit A Description of Areas to be Maintained Areas Currentlv Authorized to be Maintained. The landscaped open space areas within the existing district include medians and parkways along Heritage Road and the portion of Entertainment Circle (Otay Rio Road) perpendicular to Heritage Road. There is also approximately 79 acres of open space that is part of the City's Multiple Species Conservation Program. These open space lots need to be maintained in a natural state and caunot therefore be developed. Additional Area Proposed to be Authorized to be Maintained. Landscape and lighting improvements have been installed in the Main Street median, which is approximately 2,800 feet in length and is located east of Nirvana Avenue parallel to the northern border of the Otay Rio Business Park. Landscaping includes ground cover and a row of palm trees. -5- r¡--~g COUNCIL AGENDA STATEMENT .0( Item ! Meeting Date 06/18/02 ITEM TITLE: Resolution (a) Appropriating Additional Funding from the Unallocated Balance of the Transportation DIF Fund for Completion of the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (STM-344) Project and (b) Authorizing the Director of Public Works to Execute a Change Order for Landscaping Improvements on the City-Owned Parcel at the Northeast Corner of Brandywine Avenue and Olympic Parkway for an Amount Not Exceeding $100,000 Director of Public works! City Manager&' /- tV {,< g- (4/5ths Vote: Yes Å- No--.J SUBMITTED BY: REVIEWED BY: On November 14, 2000, City Council approved Resolution No. 2000-416 awarding a contract to West Coast General Corporation for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue," (STM-344) Project. Said contract was awarded prior to the completion of landscaping design and right-of-way acquisition in order to expedite the construction of this vital roadway segment. In order to complete the subject project, additional funds in the amount of $350,000 are needed for (a) landscaping and irrigation improvements on the City-owned parcel at the northeast corner of Brandywine Avenue and Olympic Parkway, (b) completion of right-of-way acquisition, (c) traffic signal modifications at Oleander A venue and Olympic Parkway, and (d) consultant and staff services through project completion. City Council has appropriated $3,200,000 to date. The additional funding request of $350,000 would bring the project's total cost to $3,550,000. Staff estimates that landscaping and irrigation improvements for the City -owned corner parcel will cost up to $100,000. Approval of the proposed resolution would also authorize the Director of Public Works to execute a change order up to $100,000 with West Coast General Corporation for said improvements. RECOMMENDATION: That Council approve the Resolution (a) Appropriating Additional Funding from the Unallocated Balance of the Transportation DIF Fund for Completion of the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (STM-344) Project and (b) Authorizing the Director of Public Works to Execute a Change Order for Landscaping Improvements on the City-Owned Parcel at the Northeast Corner of Brandywine Avenue and Olympic Parkway for an Amount Not Exceeding $100,000 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable 1 I Page 2, Item , Meeting Date 06/18/02 DISCUSSION: To date, $3,200,000 has been appropriated for the subject project for construction, consultant services, right-of-way acquisition, and project administration. An additional $350,000 is needed to complete the project, which would bring the total project cost to $3,550,000. Of the $350,000 in additional funding requested, up to $100,000 is needed for landscaping and irrigation improvements for thc City-owned parcel at the northeast corner of Olympic Parkway and Brandywine Avenue, approximately $50,000 is needed for operational improvements to the traffic signal at Olympic Parkway and Oleander Avenue, and about $200,000 is needed for the completion of right-of-way acquisition and for projected staff and consultant costs through project completion. Approval of the proposed resolution would provide adequate funds to complete the project. Proposed landscaping and irrigation improvements to the City-owned northeast corner parcel and proposed operational improvements to the traffic signal at Olympic Parkway and Oleander Avenue are expected to increase West Coast General Corporation's contract by $150,000 to a total of about $3,050,000. Thc following is a summary of actual and anticipated construction costs through project completion: Action Description Authorization Amount Original (Base) Contractor's Base Bid as Awarded by City Council Res. 2000- $1,974,280 Contract Council on November 14, 2000 416 Change Order No. Changes to Construction Phasing to Expedite Dir. of Public Works* $ 9,775 I Construction and Opening of Olympic Parkway Change Order No. Traffic Signal at Concord Way Council Res. 2001- $ 152,017 2 186 Change Order No. Revisions to South Side Sound Wall Council Res. 2001- $ 125,000 3 186 Change Order No. Interim Traffic Signal at Oleander Avenue Dir. of Public Works* $ 49,550 4 Change Order No. Right-of-Way and Northerly Open Space Council Res. 2001- $ 550,878 5 Lot Landscaping Improvements 284 Change Order Nos. Miscellaneous Work to Complete Base Dir. ofPublicWorks* $ 38,500 6-10 Contract Work (Estimated) Furore Proposed Landscaping Improvements - City-owned Proposed Resolution $ 100,000 Change Order Parcel at Oly~npic Parkway/Brandywine Ave. Authorizing Dir. of (Estimated) Public Works to Exe- cute Change Order Future Proposed Operational hnprovements to Interim Traffic Dir. of Public Works* $ 50,000 Change Order Signal at Olympic Parkway/Oleander Avenue (Estimated) Total $3,050,000 Page 3, Item . i Meeting Date 06/18/02 * Authorized by Director of Public Works in accordance with City Council Policy No. 574-01 Approval ofthe proposed resolution would also authorize the Director of Public Works to execute a change order with West Coast General Corporation up to $100,000 without further authorization by City Council for landscaping and irrigation improvements to the City-owned parcel at the northeast corner of Olympic Parkway and Brandywine Avenue. It should be noted that City Council Policy No. 574-01 authorizes the Director of Public Works to execute individual change orders up to $50,000 with an aggregate maximum amount based upon the amount of the original contract. FISCAL IMPACTS: Proposed additional funding is $350,000. Staff proposes an appropriation of said amount from the unalIocated balance of the Transportation DIF Fund to the STM-344 Project account. KP A/MPP J:\engineer\aGENDA\STM-344 ADD FUNDS.1l3.doc 6/6/02 ¡ 2: 10:46 PM I -:;... , J RESOLUTION NO. 2002- RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING ADDITIONAL FUNDING FROM THE UNALLOCATED BALANCE OF THE TRANSPORTATION DIF FUND FOR COMPLETION OF THE "OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO ?RANDYWINE AVENUE" (STM-344) PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CHANGE ORDER FOR LANDSCAPING IMPROVEMENTS ON THE CITY-OWNED PARCEL AT THE NORTHEAST CORNER OF BRANDYWINE AVENUE AND OLYMPIC PARKWAY FOR AN AMOUNT NOT EXCEEDING $100,000 WHEREAS, on November 14, 2000, the city Council approved Resolution No. 2000-416 awarding a contract to West Coast General Corporation for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue," (STM-344) Project; and WHEREAS, said contract was awarded prior to the completion of landscaping design and right-of-way acquisition in order to expedite the construction of this vital roadway segment; and WHEREAS, in order to complete the subject project, additional funds in the amount of $350,000 are needed for (a) landscaping and irrigation improvements on the City-owned parcel at the northeast corner of Brandywine Avenue and Olympic Parkway, (b) completion of right-of-way acquisition, (c) traffic signal modifications at Oleander Avenue and Olympic Parkway, and (d) consultant and staff services through project completion; and WHEREAS, the City Council has appropriated $3,200,000 to date and this additional funding request of $350,000 would bring the project's total cost to $3,550,000; and WHEREAS, improvements $100,000. staff estimates that landscaping and irrigation for the City-owned corner parcel will cost up to NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby appropriate additional funding from the una110cated balance of the Transportation DIF Fund for completion of the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (STM-344). 1 q-tf BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute a change order for landscaping improvements on the City-owed parcel at the northeast corner of Brandywine Avenue and Olympic Parkway for an amount not exceeding $100,000. Presented by Approved as to form by ~l^ ~.~_ Jo n~M. Kaheny city Attorney John P. Lippitt Director of Public Works J:\attorney\RESQ\ oly parkway additional funding (June 6, 2002 (2:22PM)) 2 9-5 COUNCIL AGENDA STATEMENT Item Meeting Date 06/18/02 ITEM TITLE: Resolution Accepting Bids and Awarding the agreement for Citywide Street Sweeping Services to Cannon Pacific Services for the pehod of July 1, 2002 to June 30, 2007 and authorizing the Mayor to execute the Agreement SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~0p/ (4/SthsVote: Yes__No X ) On December 11, 2001, the City Council approved a second amendment to the agreement with Cannon Pacific Services to provide citywide street sweeping services on a month-to-month basis ending June 30, 2002. The City advertised for bids for a new five-year agreement, with two (2) two-year option periods, on October 26, 2001 and held a mandatory pre-bid conference on November 13, 2001. Twelve (12) potential bidders were contacted and three (3) contractors attended the mandatory pre-bid conference. Two (2) bids were received on November 27, 2001 and Cannon Pacific Services was the lowest responsible bidder. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That City Council adopt the Resolution accepting Bids and Awarding the agreement for Citywide Street Sweeping Services to Cannon Pacific Services for the period of July 1, 2002 to June 30, 2007 and authorizing the Mayor to execute the Agreement DISCUSSION: Thc agreement covers the sweeping of all City public streets (that have been accepted by the City), center islands/medians, centerlines, and designated parking lots. The agreement outlines eight classes of street sweeping service (see Attachment B of the agreement). Under the proposed agreement, the price per curb mile will be the same for each class. The various classes indicate the frequency that each curb, median or centerline is swept. The classes are residential streets, two types of business streets, center islands and medians, center lines, uncurbed streets, parking lots, and special sweeping. Residential streets are swept twice per month. Business streets, such as Fourth Avenue and H Street, are swept once per week. Third Avenue, between "E" and "G" Streets, is swept twice per week. Center islands, medians and centerlines, located on major streets, are swept twice per month. Non-curbed streets are swept twice per month. Parking lots are swept once per Page 2, Item / ~) Meeting Date 06/18/02 month. Special sweeping will be on an as-needed basis, such as sweeping after a special event, paid at an hourly rate as indicated in the agreement. Provided in the following table is a summary of the bids received from the contractors: Table 1 Summary of Bids (for the first year) CONTRACTOR BID AMOUNT Cannon Pacific Services $278,024.44 Encinitas, CA California Street Maintenance $298,897.29 Gardena, CA When the bids were requested, staff included mileages that had not been adjusted for streets that had been accepted for maintenance in the last few years. The mileages reflected in the agreement executed by Cannon Pacific Services, includes the current mileage provided by GIS. Table 2 below indicates the differences between the bid quantities and the quantities include in the agreement. Table 2 Summary of Street Mileages by Class MILEAGE ADJUSTED STREE TYPE IN BID MILEAGE DIFFERENCE Class A Residential 486.30 571.57 85.27 Class B - Business 106.79 101.06 (5.73) Class C Commercial 4.85 10.25 5.40 Class D Medians 37.68 46.82 9.14 Class E - Centerline 21.72 21.70 (0.02) Class F - Non-curbed street 24.63 26.51 1.88 Class G Parking lots 1,037,401 (sq ft) 1,037,401 (sq ft) 0.00 The contract amount with the adjusted miles is $312,646.36. There will be monthly adjustments of approximately $2,000 per month for tipping fees. The tipping fee adjustment is deducted because authorized City vendors do not pay the fee because it is covered under the agreement with Pacific Waste Services. The approximate cost of sweeping services for FY02-03 with the tipping fee adjustment is $288,646. The budgeted amount lbr FY02-03 is $298,969. An additional appropriation may be necessary to account for additional curb miles that may be turned-over to the City next fiscal year. However, since the actual number of additional curb miles is currently unknown, no appropriation is being requested at this time. Page 3, Item I0 Meeting Date 06/18/02 Payment for the addition of any street or parking lot accepted by the City during the life of this contract will be made at the same unit price stated in the agreement. As new subdivisions are built, new City streets will be added to the list once accepted by the City. Prices are fixed for the first year (7/1/02 - 6/30/03). Adjustments during the second through fifth year ~vill be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period, (CPI increase), up to a maximum of 5% per year. The contract includes a provision for two 2-year extensions. If the City elects to extend the agreement, such extensions will represent years six through nine. The City has retained the right to reduce the frequency of sweeping, the mileage of sweeping, or the square footage of parking lots to be swept with no adjustment in the unit price compensation for the remaining work. Payment for sweeping will be made on a monthly basis and be based on the unit price per curb mile or pass mile or square footage actually cleaned, except that deductions will be made for streets or areas now swept, or not properly swept according to the standards indicated in the agreement. Bidders were required to provide satisfactory evidence that they had in excess of two (2) years contract sweeping experience for either private or municipal agencies, with contract street or highway sweeping preferred, and that they had experience in operations of comparable size to Chula Vista. Cannon Pacific Services has been in business for over 32 years and has provided sweeping services to the Cities of Carlsbad, Encinitas, San Diego, and Solana Beach, County of San Diego, and schools, such as Poway U.S.D. and San Diego State University. Bidders were also required to provide an inventory of their equipment available for use on this contract. Cannon Pacific Services maintains an 8,000 square foot office, warehouse and repair facility in Encinitas, and has provided a detailed inventory of its equipment available for use on this contract, which is subject to the inspection and final approval of the City. The bidders were also required to provide a list of names and phone number of supervisory personnel who can be contacted on a 24-hour basis to respond to emergency needs. Cannon Pacific Services is required to submit a sweeping schedule to the Director of Public Works, which identifies the streets or neighborhoods to be swept each week. The contractor is required to make every eft'om to schedule the sweeping on days following regular trash collections, but in no evcnt any closer than two days prior to trash pickup. The hours during which the sweeping is done, is at the discretion of the contractor, with the approval of the Director of Public Works. However, no sweeping in residential areas will be started prior to 7:00 a.m., or later than 4:00 p.m. All parking Page 4, item ]0 Meeting Date 06/l 8/0~ lots will be swept on a weekday, between the hours of 4:30 a.m. and 7:00 a.m. Canon is required to submit for approval a schedule indicating the days and times that these lots will be s~vept. Cannon Pacific Services took over the street sweeping service after Dixon, the previous contractor, terminated the street sweeping contact. The City has been satisfied with the service provided by Cannon to date and, therefore, recommends approval of the new contract. In addition, the cost of new contract will be less than the existing contract. FISCAL IMPACT: A total of $298,968 has been budgeted in FY 2002-03 to pay for street sweeping services for the first year. These funds will cover the contract cost of $288,646 (with the tipping fee adjustment). The Gas Tax Fund will reimburse a portion of the street sweeping costs, with the exception of parking lots and special sweeping after special events. The contract cost may increase by up to 5% in the second through fifth year of the contract depending on the CPI increase. Years six through nine are option years. F/lc: 0740-(>0-1 (3:~Bob~A I 13 Strcct Sweeping Seiwicesc doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES FOR THE PERIOD OF JULY 1,2002 TO JUNE 30, 2007 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on December 11,2001, the City Council approved a second amendment to the contract with Cannon Pacific Services ("Cannon") to provide citywide street sweeping services on a month-to-month basis ending June 30, 2002; and WHEREAS, the City advertised for bids for a new five-year contract, with two (2) two-year option periods, on October 26, 2001 and held a mandatory pre-bid conference on November 13, 2001; and WHEREAS, twelve (12) potential bidders were contacted and three (3) contractors attended the mandatory pre-bid conference; and WHEREAS, two (2) bids were received on November 27,2001, and Cannon was the low bidder. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby accept the bids and award the contract for Citywide Street Sweeping Services to Cannon Pacific Services for the period July 1,2002 to June 30, 2007, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said Agreement for and on behalf of the City ofChula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works J:\attomey\reso\street sweeping /0 -5 · DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: 6-12-02 AGREEMENT WITH GANNON PACIFIC SERVICES FOR STREET SWEEPING SERVICES /o~(p I AGREEMENT BETWEEN CITY OF CHULA VISTA AND CANNON PACIFIC SERVICES FOR STREET SWEEPING SERVICES DRAFT This agreement ("Agreement"), dated 1st day of July, 2002 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Contractor"), and is made with reference to the following facts: WITNF.SSRTH WHEREAS, the City has solicited bids for street sweeping within and on the streets ofthe City of Chula Vista and on various City parking lots, as contained in "RFB #4-01/02 Street Sweeping Services for the City of Chula Vista" ("Bid"), available in the City Purchasing Office; and, WHEREAS, the Contractor has submitted to the City a bid to sweep the public streets and various City parking lots within the City limits, per the requirements of the Bid, and has thus made certain representations regarding length of time in business, financial strength, credit standing, cities served, equipment provided and qualified trained personnel, per its bid proposal, available in the City Purchasing Office; and, WHEREAS, the Contractor further warrants and represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Contractor to City, all in accordance with the terms and conditions of this Agreement; and, WHEREAS, the City awarded the Bid to Contractor pursuant to the terms of this Agreement in reliance on such representations and warranties. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, Stswp2002.doc May 21,2002 /0,1 Agreement for 2002-2003 Street Sweeping Page 1 B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option ofthe City, operate to terminate this Agreement. C. Adjustments in Scope of Work At the City's sole discretion, streets and/or parking lots constructed or added after the effective date of this Agreement will be added to the "Scope of Work and Schedule", Paragraph 8, in Exhibit A at the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation. " The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided in the bid specifications. Bidder is responsible for verifying and inspecting all measurements and conditions prior to submitting bid. Additionally, there will be no adjustment in the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation." City may independently limit or suspend for a period of time determined by the City all or any portion of the Defined Services to be performed by the Contractor under this Agreement, upon written notice to the Contractor issued at the City's sole discretion. There will be no adjustment in the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation." D. Additional Services In addition to performing the Defmed Services herein set forth, City may require Contractor to perform other special street sweeping services related to the Defined Services ("Additional Services"), if they are within the scope of services offered by Contractor. Contractor shall perform same at the rates set forth in Exhibit A, Paragraph 11, Item H, entitled "Compensation." All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that highest level of care and skill exercised by members of the profession currently working under similar conditions and in similar locations. Mtm: stswp2002.doc May 21, 2002 /0-;5 Agreement for 2002-2003 Street Sweeping Page 2 Sweeping for all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City and designated in this Agreement in Exhibits B and C or subsequently added shall be performed in a manner consistent with that highest level of care and skill exercised by members of the municipal street cleaning profession. There shall be no fines, sediment or debris left at the curb, apron adjoining the curb, gutter or either end of the broom or pick-up head when the final pass for sweeping a street, center line, center median or island is complete. Standards of performance shall include sweeping all intersection curb returns and all cross gutters in a manner such that no "diamonds," of fines, sediment, fractured glass or other debris remain. If additional passes through an intersection are required in order to adequately sweep both a return and a cross gutter, the Contractor shall make the necessary passes without extra charge. On streets with uncurbed median islands created by pavement striping, the median areas shall be swept their entire width. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. The contractor shall be expected to hand collect any bulky item such as corrugated cardboard which the broom or pick-up head may eject. Over weight items such as concrete chunks, or lumber shall be moved from the road to the immediate adjacent curb and immediately reported to the number provided for City crews. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have A.M. Best's rating of no less than A: VII as set forth in Exhibit A, Paragraph 9. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Security for Performance (I) Performance Bond Mtm: stswp2002.doc May2l,2002 /0- '1 Agreement for 2002-2003 Street Sweeping Page 3 In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Contractor is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 ofthe Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult with the Contractor for the purpose of reviewing the progress of the Defined Services therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. In addition thereto, City agrees to provide the information set forth in Exhibit A, Paragraph 10, and with the further understanding that delay in the original provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Contractor submitted to the City periodically Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 4 /0- /0 as indicated in Exhibit A, Paragraph 18, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 11. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, as indicated in Exhibit A, Paragraph 11 and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Agreement Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's Contract Administrator who is authorized by said party to represent it in the routine administration ofthis Agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting rrom delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Contractor shall pay to the City, or have withheld rrom monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the Contractor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 5 /0 -1/ 6. Financial Interests of Contractor Contractor is not designated as FPPC Filer. A. Decline to Participate Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a fmancial interest other than the compensation promised by this Agreement. B. Search to Determine Economic Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this Agreement. C. Promise Not to Acquire Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. D. Duty to Advise of Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. E. Specific Warranties Against Economic Interests Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 6 /0-/;;;- any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration ofthis Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless- Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Contractor, and Contractor's employees, subcontractors or other persons, agencies or firms for whom Contractor is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor its employees, agents or officers, or any third party. With respect to losses arising from Contractor's professional errors or omissions, Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Contractor's obligations under this Section shall not be limited by any prior or subsequent declaration by the Contractor. Contractor's obligations under this Section shall survive the termination of this Agreement. Contractor's indemnification shall include any and all claims for damages, liability, cost and expense incurred as a result of Contractor's presence at or use of the City's Corporation Yard, located at 1800 Maxwell Ave. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 7 /0-/3 giving written notice to Contractor of such termination and specifYing the effective date thereof at least five (5) working days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, and 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 Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. Unless within five (5) working days after serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the Agreement shall be automatically terminated. The Contractor and his/her surety shall be liable to the City for all damages as well as excess cost sustained by the City by reason of such prosecution and completion by the City. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. In the event. of termination, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifYing the effective date thereof, at least thirty (30) calendar days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. lfthe Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. Unless within five (5) working days after serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the Agreement shall be automatically terminated. In the event of termination, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. Mtrn: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 8 / () - /1 11. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified as "Permitted Sub-consultants" . 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Contractor shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 9 /0-/5 15. Attorney's Fees Should a dispute arising out ofthis Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs Not applicable. 17. Miscellaneous A. Contractor not authorized to Represent City Unless specifically authorized in writing by City, Contractor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or its principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor its principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Penelties City may assess penalties against Contractor for unsatisfactory performance under the terms and conditions of this Agreement. A description ofthe actions or omissions that will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit D "Enforcement Summary". E. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Mtm: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 10 )O-/~ F. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction tÌ'oIil its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. G. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 11 /0-/7 Jun 12 02 01:05p b.::l~Oc..,.;,:) p.2 Signature Page to Agreement between City of Chula Vista and Cannon Pacific Services, L.L.C. For Street Sweeping Services IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2002 City ofChula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Jolm M. Kaheny. City Attorney . Cannon, Owner Dated: C Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 12 /0-/8 Exhibit List of Agreement (x) Exhibit A: Exhibit A to Agreement between City and Contractor (x) Exhibit B: City of Chula Vista Schedule of Sweeping by Class (includes an attachment with a list of streets by name and class) As incorporated herein (x) Exhibit C: City of Chula Vista List of Parking Lots to be Swept (As incorporated herein) (x) Exhibit D: Enforcement Summary (x) Exhibit E: Sample Monthly Payment Request (x) Exhibit F: Sample Monthly Disposal Summary Mtm: stswp2002.doc May21,2002 Agreement for 2002-2003 Street Sweeping Page 13 10-/1 Exhibit A to Agreement between CityofChula Vista and Cannon Pacific Services L.L.C. 1. Effective Date of Agreement: July 1, 2002 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City ofChula Vista Deputy Director of Public Works/Operations 1800 Maxwell Road Chula Vista, CA 91910 4. Contractor: Cannon Pacific Services, L.L.C. Attention: Patrick J. Cannon, Owner 5. Business Form of Contractor: () Sole Proprietorship ( ) Partnership ( x) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 6102 A venida Encinas, Unit 'R' & 'I' Carlsbad, California 92009 Phone (760) 943-9633 After Rours Emergency Voice Phone (760) 630-3353 (H) or 801-7748 (C) Fax Phone (760) 602-0522 Mtm: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 14 /()- :/0 7. General Duties: Contractor shall provide sweeping of City streets, center islands/medians, center lines and parking lots in accordance with the conditions stated herein, and in accordance with the schedules listed in Exhibits B, and C, as incorporated herein. 8. Scope of Work and Schedule: The Scope of Work and Schedule contained herein is designed to establish an effective, efficient and safe system of street cleaning and parking lot cleaning that provides for the following intended purposes: Establish and maintain a continuous level of cleanliness of City streets in order to assure protection of the health, safety and welfare of the community. Clean City streets in a systematic and coordinated manner that compliments, solid waste collection and other City services, by use of a routing system that will improve current street cleaning practices while decreasing costs. Increase the collection of fines, sediment, particulate, debris and any other materials on the street to prevent them from entering the storm drain system as much as possible. Provide deficiency reports indicating areas that can not be swept and the reason for not sweeping. A. Detailed Scope of Work: The Contractor shall in a manner consistent with that highest level of care and skill exercised by members of the profession clean all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City as designated in this Agreement in Exhibits B and C. Parking is not restricted for street sweeping purposes. The Contractor shall sweep around any vehicle on City streets in a safe manner and missing as little curb and/or gutter as possible. The streets and parking lots to be cleaned, and the frequency of cleaning are listed in Exhibits B and C. The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided herein. Contractor is responsible for verifying measurements and inspecting all conditions prior to submitting their bid and starting work. The streets and parking lots to be cleaned are divided into the following categories: Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 15 /0 -;/1 (1) Class A: Streets swept twice per month. (2) Class B: Streets swept once every week. (3) Class C: Streets swept twice per week. (4) Class D: Center islands and medians swept twice per month. (5) Class E: Center lines swept twice per month. (6) Class F: Non-curbed streets swept twice per month. (7) Class G: Parking lots swept once per month. (8) Class H: Other special sweeping requested by the City. B. Equipment Specifications and Maintenance: The type of street sweeping equipment used by the Contractor shall be shall consistent with that highest level of quality and performance currently available to the industry and shall be subject to the approval ofthe Public Works Maintenance Superintendent (PWMS). Vehicles and equipment used to perform the services provided for herein shall be clean, and maintained in good mechanical condition at all times. In addition, the following shall apply: (1) Contractor shall use standard heavy-duty broom-type or regenetive air equipment that will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Vacuum type sweepers shall not be permitted except that small air or vacuum sweepers may be permitted, if approved by the City, in cleaning the parking lots only. The broom, brush or pick-up heads shall be applied with sufficient pressure to pick up said material in one pass. (2) The City requires use of at least three (3) street sweepers with one backup sweeper, unless Contractor demonstrates to City's satisfaction that some lesser equipment standard would adequately provide the services required by this Agreement. Sweepers will be new or less than one year old at the beginning of the Agreement. The average age of the fleet used including the back up sweeper shall not be more than 5 years of age at anytime during the initial term of the agreement and no sweeper shall be more than seven (7) years old at any time during the full term and all extensions. Certification shall be presented by the Contractor and approved by the PWMS that any equipment over five years of age has been completely overhauled and/or rebuilt to the City's satisfaction. All vehicles shall meets the latest and best standard for vehicle air emissions, reduce sweeping particulate impacts and road safety. (3) All equipment shall meet or exceed the South Coast Air Quality Management Districts Rule 1186 for fugitive dust particulates of 10 microns (PMlO) or less, and the California Air Resources Board Standard for super ultra low emission vehicles (SULEV). Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 16 /0 - c?d- (4) All equipment shall be equipped in accordance with existing State law, equipped with safety lighting and markings appropriate for slow-moving vehicles, and shall be equipped with a flashing light with the following characteristics: (a) Visible for a minimum of one mile. (b) Flash 60 to 90 times per minute. (c) Mounted for 360-degree visibility. (d) Equipped with amber lens. (5) Contractor shall thoroughly clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in sanitary condition at all times. All vehicles shall be field inspected by someone from contractor's company other than the driver on a regular basis but not less than quarterly for satisfactory service and leakage. All leaks discovered shall be immediately repaired. Mechanical brushes, brooms and pick-up heads shall be maintained in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability becomes impaired or does not meet the manufactures' stated performance standard as represented in the bid. All street sweepers shall be equipped with adequate water systems for dust control. Each vehicle shall at all times have in the cab the registration of the vehicle, certification of insurance card, and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio or comparable wireless telephone. Graffiti on any equipment shall be promptly removed. Cannon Pacific, L.L.C. shall exercise all reasonable care and diligence in sweeping so as to prevent spilling, scattering or dropping of waste or debris and shall immediately, at the time of know occurrence or upon notification clean up any spillage. (6) All street sweepers shall be equipped with a geographic positioning system (GPS) connection to the City with real time and monthly report capacity for each vehicle that indicates, date and time of service, vehicle identification and speed, broom or pick-up head down time, mileage and route. The contractor shall provide the City with information necessary to monitor the sweeper activity from City owned computers. (7) Contractor shall provide any adequate support equipment including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described in these specifications. (8) All equipment (including support equipment) to be used by the Contractor shall be subject to the inspection and final approval of the City. Such approval may require on-site demonstration of the capability of any proposed equipment. (9) Notice of Changes to Equipment. Contractor shall notifY City prior to entering into any contract for the purchase or lease of any vehicle of a design or color not pre-approved by the City, or to changing the signage on same, and shall meet and confer with City in order to determine the appropriateness of same. Mtrn: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 17 /0-:;8 (10) The City shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Agreement. Should any vehicle, when inspected, and in the determination of the City, not meet standards that the City feels are necessary to complete the Contract or to operate safely, the Contractor shall, at its cost, immediately bring such vehicle to standard before being placed back in service; however, during this repair time period, Contractor shall remain obligated to provide full service under this Agreement at no additional cost. (11) The City reserves the right over the life of this Agreement to reject any equipment for use for sweeping City streets. The Contractor shall furnish at no additional cost equipment satisfactory to the City. (12) Nothing herein shall preclude the Contractor from substituting other equal equipment occasionally for temporary purposes (up to 3 days) due to maintenance or other factors upon prior notice to the City. Any change in sweepers more frequent than once per month or more than three days shall be subject to the written approval of the PWMS. At any time during the life of this Agreement, all equipment shall be available for inspection by the City upon 24-hour notification to the Contractor. (13) Equipment must have sufficient mufflers and other silencing devices to permit its operation within City noise standards (no more than 55 dba within 25 feet of a residence). All equipment shall be subject to City approval prior to use. C. Other Requirements: (1) The Contractor shall at no additional cost to the City place signs approved by the City on the street sweeping equipment used in the performance of the work, which signs shall be visible from both sides and the rear of the vehicle and shall read "Under Contract to the City ofChula Vista," In letter of at least 4 inches in height. (2) The Contractor shall maintain an office within San Diego County, or provide an 800 telephone number, staffed by a responsible representative for receipt of requests from 8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved holidays. The Contractor shall provide a list of names and phone numbers of supervisory personnel who can be contacted on a 24-hour basis to respond to emergency needs. The Contractor for the life of the Agreement shall keep this list current. (3) The Contractor shall maintain, at its own expense, an adequate maintenance and storage facility, located in San Diego County, to maintain and store the Contractor's equipment inventory. Contractor shall provide documentation for maintenance work that is contracted by providing the name and address of the contracted maintenance facility, the type of work contracted and the length of the contract. The City will provide a location for parking sweepers and access to vehicle washing facilities nsed for this Agreement at Public Works Center located at 1800 Maxwell Road in Chula Vista. The use of the facility does not include use of the site for any mechanical repairs. The Contractor's use of the site is subject to all local, state and federal law regarding vehicles. If the Deputy Director of Public Works/Operations, or designated representative, determines that the Contractor has abused their use of the site, breached site security or otherwise improperly used or failed to care for the site the Contractor's use Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 18 /o-¿)1 shall be cancelled without appeal and such cancellation shall not constitute a change in rate charged the City. Should the Contractor elect to store sweepers at the Corporate yard, Contractor agrees to sweep said Corporate yard and Maxwell Road from Main Street to the northern property boundary every two weeks and/or as requested by the PWMS but not more than once per week, and provide street sweeping for the Yultide Parade held on Third Avenue, in December, as requested by the pWMS. These services are considered compensation for use of the Corporate yard for sweeper storage and use of the wash facilities. (4) The Contractor shall provide the name of a contact person and phone number for use by the PWMS or Designee in case ofroutine questions relating to the Agreement, sweeping days and times, new street additions and resolution of citizen complaints. (5) Employees: Contractor shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all applicable law, and the provisions of collective bargaining agreements negotiated in good faith (a) City may, at its option, require fingerprinting of Contractors employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Contractor shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in hislher possession a valid and appropriate license issued by the State. Cannon Pacific Services and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in sweeping service on public streets and adhere to the drug free work place standards. Contractor shall train all employees in the operation of vehicles, standards of performance contained herein and the assigned routes for the City prior to assigning them to routes independently. The City shall be notified at least 24 hours in advance whenever a regular operator is replaced with an employee other than a standard replacement whose proficiency with the City has been confIrmed, and new operators shall be accompanied by a Contractor supervisor until their proficiency is assured. D. Standards of Performance: (1) Sweeper speeds shall not exceed eight (8) miles per hour when sweeping. (2) The Contractor shall maintain lists oflocations that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles that are parked on the City streets for extended periods of time (deficiency reports). These deficiency reports with locations and dates shall be turned into the PWMS as soon as possible but no later than ten (10) days following the Contractor having swept around the obstruction. Deductions may be made from Contractor's payments for areas not swept due to obstructions that were not reported to the Department. (3) The Contractor shall promptly, and as soon as practicably possible, repair or replace all existing improvements that are damaged as a result of its operation. Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be repaired and replaced to a condition equal to or better than the original condition, and no additional compensation shall be made by City. Mtm: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 19 IrJ ~:J5 (4) The Contractor is expected to clean the entire area of the City parking lots and shall use vacuum hoses attached to their sweepers to remove material from areas the sweeper cannot reach or brooms, air blowers or other methods in all parking lots to move debris to a location where it can be swept up. (5) The Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas at Contractor's expense. Transfer points for storage of sweepings must be approved by the City, and in no case be stored in the City in excess of five working days. The City shall approve disposal areas in advance. (6) The Contractor shall provide security to such transfer points to prevent the spread of the refuse by others or by nature, or the addition of debris to the sweeping refuse by others. Transfer points shall be kept clean at all times. The Department reserves the right to inspect the transfer points, and if the Department determines the transfer points are not being maintained properly, it will notify the Contractor to clean up the area. Said clean up will be completed within 24 hours of notification. (7) The Contractor shall make all necessary arrangement to obtain and pay for water necessary for the operation from ·the appropriate water district or authority. The Contractor shall maintain an accounting of the amount of water used each day and shall submit a copy of payment to the Water districts with their request for payment from the City as soon as feasible but no less than quarterly for the previous water billing period(s). Reclaimed water should be used to the extent allowed by local and state law and whenever operationally feasible. No additional compensation will be paid. E. Sweeping Schedule: Upon execution of the Agreement, the Contractor shall submit a sweeping schedule ("Schedule") to the PWMS. The Schedule shall identify the streets or neighborhoods and parking lots to be swept each week. The Schedule shall provide for the sweeping of streets and intersections and parking lots as shown on Exhibit B and C. The required Schedule must provide the following information: (1) Contractor shall provide a list of proposed cleaning routes for a complete cycle of cleaning, with identification of all streets to be cleaned on each route in sequence ("Routing Lists"). Routes shall show direction of travel and include head-in locations and routes shall indicate start/end locations for each day's work. Maps of all routes shall accompany the Routing Lists. (2) The mileage for each street on each route must be identified as Right HaI\d or Left Hand sweeping mileage. Each Route List must reference the segment of streets to be swept. The total mileage for all proposed routes must equal the mileages contained in Exhibit B, or as modified by the City as stated herein. (3) The Contractor shall schedule the hours of operation as approved by the PWMS so as to sweep the streets when a minimum number of vehicles are expected to be parked at the curb. The Contractor shall also make every effort to schedule the sweeping on days following regular trash collections, but in no event any closer than two days prior to trash pickup. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 20 /~ -~~ (4) The hours during which the sweeping shall be performed shall be at the discretion of the Contractor, with the approval of the Director. The Contractor may be required to do early morning sweeping, such as on certain major streets and parking lots. No sweeping in residential areas shall be started prior to 8:00 a.m., or conducted later than 4:00 p.m. (5) The City has several areas where on street parking of adjacent residents prevents adequate sweeping. City plans to provide public education to inform residents of the sweeping schedule in their neighborhood to encourage off street parking during street sweeping periods. The City may, in the future, post signs to prohibit parking at certain times or on alternate weeks for each side ofthe street. City reserves the right to require Contractor to revise the Schedule accordingly to provide an adequate level of sweeping. The City will make every effort to coordinate those changes with the contractor to make them as efficient for the Contractor and as convenient for the residents as possible. No additional charge or payment shall be made therefore. (6) All municipal and park parking lots shall be swept on a schedule to be determined by the PWMS with the input of the Contractor. The park parking lots are expected to have the least amount of vehicles between the hours of 4:30 a.m. and 7:00 a.m., on Mondays while municipal parking lots may best be swept on Saturdays between 9 a.m. and 3 p.m. The corners and any obstructed areas of lots shall be cleaned with a vacuum house or other method or cleared with a broom or blower and the entire surface area of each lot shall be swept. The Contractor shall submit for approval a schedule indicating the days and times that these lots will be swept within 15 days of the award of the Contract. F. Holidays and Inclement Weather: (1) When inclement weather, in the opinion of the PWMS, prevent adherence to the Schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept at the discretion of the PWMS. Such "make up sweeping," shall occur without interruption of the regular sweeping schedule and no later than the following week from the date of the scheduled sweeping for all Classes of service with frequency less than one week. Missed sweeps for streets, medians, centerlines or parking lots that are swept once a week or more shall be deducted from the monthly rate. The Contractor shall perform all extra work required by such inclement weather without additional charge. (2) As to holidays, when any holiday or observance as specified in the Government Code of the State of California occurs on a regularly scheduled sweeping day, the affected scheduled streets shall be swept without interruption in the regular sweeping schedule or interference with the solid waste collection service. The designated holidays for solid waste service are New Year's Day, Memorial Day, Independence Day (Fourth of July), Labor Day, Thanksgiving and Christmas. On those days and the remaining days of that week trash shall be delayed one day (Friday's service is provided on Saturday). The Contractor shall make any adjustments necessary to follow trash service by no more than two working days. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. The PWMS may at his/her discretion upon consultation with the Contractor cancel service for one or more Classes of service on any holiday route and direct the Contractor to deduct the mileage for that day from the monthly payment. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. Mtm: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 21 /0';;;7 (3) In the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, the Contractor shall be required at the City's discretion to complete the sweeping services so deferred prior to the next regularly scheduled date at no additional cost to the City, or give the City credit for the work not so performed at the unit price compensation rates specified herein, if agreed to by the City. Failure to sweep streets on schedule for reasons other than inclement weather or acts not reasonably within the plan and control of the Contractor shall be subject to the "Enforcement Provisions," specified herein. G. Interpretation of Specifications: Should any discrepancy appear, or any misunderstandings arise as to the meaning or interpretation of anything contained in these specifications, the matter shall be decided by the City Manager and the interpretation of the City Manager shall be binding upon the Contractor. H. Verification of Work: (1) It shall be the responsibility of the Contractor to guarantee the execution of the Agreement in accordance with its terms and specifications. In addition to any and all other remedies provided hereunder, or at law or equity, Contractor's failure to perform any work required hereunder shall entitle the City to withhold payment with respect to such work. The PWMS or his/her designee ("Designee") shall have the right to inspect and monitor the work performed under the Agreement. (2) As required in this Agreement, the Contractor shall submit the Schedule and Route Lists for all scheduled cleaning upon award. These Route Lists will be reviewed for accuracy and efficiency by the PWMS. The Contractor shall meet with the PWMS to make any necessary changes to the Route Lists or Schedule. Any subsequent changes or revisions to the Schedule or Route Lists throughout the Term must have the prior written approval ofthe PWMS. The Schedule shall become the basis for: (a) the Contractor's Routing Lists, (b) the City's inspection of sweeping, (c) the invoicing of Route Lists completed, and (d) payment by the City for services rendered. (3) The Contractor shall prepare a monthly Schedule showing the Route List and submit two copies to the City. In the event the Schedule is changed, the Contractor shall submit a revised Schedule to the City at least five (5) working days prior to the change. In the event a Route List is changed, the Contractor shall submit a revised Route List and map of the proposed route. Such Route Lists and maps shall be submitted for both Contractor and City initiated route changes, including additions caused by acceptance of new streets into the City's maintained mileage, at least five (5) Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 22 / 0 ~ ;?t working days prior to sweeping. (4) The PWMS or hislher designee shall have the right to monitor the Contractor's work performance. All streets cleaned by the Contractor must present an appearance that is completely satisfactory to the PWMS or hislher designee; and within the guidelines of the Standard of Performance contained herein. The City shall maintain a log of inspections and will verifY completion of the contractor's work with the Contractor at a minimum of once per month. Any deficiency in the Contractor's performance shall be reported to the Contractor within 24 hours following completion of work or as soon as possible but no later than the next cycle of sweeping for that area. The Contractor shall correct such deficiencies by no later than 24 hours following receipt of such notice. (5) In the event a street rehabilitation or improvement project is under construction or will be under construction where cleaning is scheduled, that portion of a cleaning cycle will be deleted from the appropriate Route List at the direction of the PWMS. The section(s) of streets deleted may be re-entered at the first scheduled cycle following completion of the rehabilitation. Such deletions shall be reflected in the Contractor's request for payments. Prior to re-entering any such street into the cycle, the Manager shall make a field inspection and the Contractor to determine what cleaning will be required by others. In no event will the Contractor be allowed additional compensation by the Department for initial cleaning of a re-entered street following rehabilitation or construction. (6) In addition to the procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the Department may request with respect to verification of work performed. 1. Additional Services: The City may from time to time require special sweeping on a callback basis, such as for accidental spills, sweeping after special events or miscellaneous needs. The per hour rate for these Additional Services is designated in Exhibit A, Paragraph 11, entitled "Compensation." The amount charged for this callback work shall be at the rates specified in Paragraph 11.A.8. of this Exhibit A. 1. Accidents: Any and all accidents, regardless of how minor, involving another person, private property, or vehicle shall be reported immediately to the City Police Department and a Police report requested. The PWMS and/or the City Risk Manager shall also be contacted immediately but no later than the next regular business day. K. Date for Commencement of Contractor Services: (X) Same as Effective Date of Agreement ( ) Other As soon as possible after both parties have executed this agreement but no later than 30 days following execution by the City. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 23 /o-¿;;¡1 L. Dates or Time Limits for Delivery of Deliverables: Not Applicable. M. Date for completion of all Contraètor services: June 30, 2007, unless extended per Paragraph 20, entitled "Term of Agreement" 9. Insurance Requirements: Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOl)/ 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 3. Employer's Liability: $1,000,000 Per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Per accident for bodily injury and property damage. Per accident for bodily injury or disease. 1. General Liability: $1,000,000 2. Automobile Liability: $1,000,000 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Mtm: stswp2002.doc May2l,2002 Agreement for 2002-2003 Street Sweeping Page 24 /0-30 Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Generalliability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy (CG20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all ofthe requirements stated herein. Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 25 /0 -3/ 10. Materials Required to be Supplied by City to Contractor: List of streets and parking lots to be swept 11. Compensation: A. Payment for sweeping shall be made on a monthly basis for curb miles, pass miles, or square footage, as appropriate, which Contractor adequately demonstrates to the City was actually cleaned, pursuant to the standards set forth herein, at the following rates; provided, however, in no event shall Contractor be entitled to compensation in excess of the sum of (a) compensation corresponding to the sweeping indicated in Exhibit Band square feet of parking lots per month indicated in Exhibit C, which numbers constitute the per month curb mile, pass mile or square footage scheduled by City under the terms of this Agreement; plus (b) compensation corresponding to additional services. Such numbers shall be further subject to adjustment by the addition or subtraction of streets or parking lots or other deductions or offsets expressly provided herein. (1) Class A Streets swept twice per month, at the rate of $13.45 per curb mile (2) Class B Streets swept once every week, at the rate of$13.45 per curb mile (3) Class C Streets swept twice per week, at the rate of $13.45 per curb mile (4) Class D Center islands and medians swept twice per month, at the rate of $ 13.45per curb mile (5) Class E Center lines swept twice per month, at the rate of$13.45 per pass mile (6) Class F Non-curbed streets swept twice per month, at the rate of $13.45 per curb mile (7) Class G Parking lots swept once per month, at the rate of $0.1 0 per 100 square feet. (8) Class H Other special sweeping requested by the City at the following rates: Streets Weekdays: Hourly rate of $65.00 per hour Streets Weekends and Holidays of $75.00 per hour Streets per curb/pass mile of $13.45 per hour Parking Lots: Area rate of $0.1 0 per 100 square foot Travel Time: Hourly rate of$65.00 per hour not to exceed 1/3 of an hour each way Mtrn: stswp2002.doc May21,2002 Agreement for 2002-2003 Street Sweeping Page 26 / () -:3è7- B. Request for partial payment must be made in duplicate to the PWMS and include the following: (1) Claim for payment in a format approved by City (Exhibit E). (2) Cover invoice showing curb or pass miles swept or parking lot square footages swept and an extension in dollars at unit price compensation rate (Exhibit E). (3) Copy of Route lists for the invoiced period, showing the date each street was cleaned, the total mileage for the period and the initials and signature of the Contractor's representative. (4) The GPS report for each vehicle, for each day, showing speed, mileage, travel times and broom-down sweeping times labeled to indicate the route or routes swept and initialed by the Contractor's representative. (5) A monthly statement with the dates and the times for each parking lot swept. A month prior, the Contractor shall provide a letter to the PWMS indicating the anticipated dates and times the parking lots will be swept. C. Payment shall be made on the basis of blanket curb or pass miles, or square footage swept at the appropriate unit price compensation rate except that deductions shall be made for streets or areas not swept. Such deductions shall be made on the basis of curb or pass miles or square footage not swept at the appropriate unit price compensation rate. Deductions may also be made for streets or areas not properly swept according to the standards indicated herein. D. Prices bid shall be firm for the first contract year (7/1/02 - 6/30/03). Adjustments during the second through fifth year shall be based upon 66% of the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, between January 1 and December 31 of the prior year (Cpr increase), up to a maximum of 6% per year. Adjustments for any extensions of contract beyond the fifth year will be considered on the same basis as the second through fifth year of the contract. (E) The cost for disposal of sweeping refuse, including any and all landfill fees, is included in the various unit price compensation rates, as designated herein, and no additional compensation will be paid therefore, except as stated in Exhibit A, Paragraph 11, entitled "Compensation". Receipts of disposal at the established disposal site shall be prepared by the Contractor and submitted monthly to the PWMS in a form approved by the City (Exhibit F). The contractor shall dump at the Otay Landfill under the City's disposal agreement. The Contractor shall deduct from the monthly bill the rate per ton that the Contractor is required to pay for waste disposal at the Otay Land Fill (Currently operated by Pacific Waste). The Contractor shall provide written conftrmation from the current operator of the Otay Land Fill ofthe rate contractor is charged to dispose of materials collected by the street sweepers at that location. Such a letter shall be subsequently provided to the City within 5 working days of any change in rate. Mtm: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 27 /tJ-33 The City may direct the contractor to divert material generated from street sweeping through recycling, composting or used as alternative daily cover whenever possible. (F) Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (x) None, the compensation includes all costs. G. Right to Request Increases Based on Extraordinary Circumstances._ Notwithstanding the foregoing, the Contractor may submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred beyond Contractor's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. H. Most Favored Nation Rate. Notwithstanding any provisions in this section to the contrary, in the event that, during the Term of this Agreement, the Contractor or any affiliate thereof agrees to a rate or rates for sweeping streets and parking lots under an agreement (or equivalent contract) within the County of San Diego with a public agency which is/are lower than the rate or rates then in effect for the corresponding service(s) charged the City, then the Contractor shall immediately make such lower rates available and applicable to this Agreement. I. The City, subject to local and state law, will provide the Contractor with refueling ability at the 1800 Maxwell Road or other City site. The City will deduct the cost of fuel paid by the City plus $0.35 cents per gallon for every gallon of diesel fuel sold to the Contractor. The deduction will be made from each month's payment. Final payment will not be made until all deductions for purchased fuel have been deducted. The City reserves the right to stop selling fuel to the Contractor at anytime. The City will provide the Contractor with 5 working days notice if the City elects to discontinue selling fuel to the Contractor. All other terms and conditions of this agreement shall remain in effect. 12. Materials Reimbursement Arrangement. For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shaH pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ Mtrn: stswp2002.doc May 21, 2002 Agreement for 2002-2003 Street Sweeping Page 28 /tJ~3t/ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: William A. Ullrich, PWMS, (619) 397-6053. Contractor: Patrick J. Cannon, Owner, Cannon Pacific Services, (760) 943-9633 14. Liquidated Damages Rate: ( )$_perday. (x) Other: See Exhibit D, Enforcement Summary 15. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 16. () Contractor is Real Estate Broker and/or Salesman: Not applicable. 17. Permitted Sub-consultants: None Requested For Sweeping Parking Lots Only 18. Bill Processing: A. Contractor's billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Contractor's billing: ( ) First of the Month ( ) 15th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 16733-6401 19. Security for Performance (x) Performance Bond, 100% of the amount of the contract price Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 29 /0- 35 20. Term of Agreement This Agreement shall be in effect for a period of five years beginning the date of execution. The City shall have the option, at its sole discretion, to extend the Agreement with up to (2) two (2) two-year options for a total of four additional years, and a maximum contract term of nine (9) years. 21. Waste Disposal Services Contractor shall remove and convey waste generated under the Agreement and appropriate to be disposed at the Pacific Waste/Allied Facility (the Otay Landfill). Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 30 /0-3(; EXIllBIT B CITY OF CHULA VISTA SCHEDULE OF SWEEPING EXISTING EXISTING T TNFAR FFFT nTRR MTT FS SWEEP CLASS A TOTAL RESIDENTIAL STREETS TO BE SWEPT TWICE PER MONTH 3,017,890 571.57 .~------------------------------------------------------------------------------------------._-.------------------- SWEEP CLASS B TOTAL BUSINESS/COMMERCIAL STREETS SWEPT ONCE PER WEEK 533,597 101.06 -------------------------------------------------.-------.--------------------------------------------------------- SWEEP CLASS C TOTAL COMMERCIAL STREETS SWEPT TWICE PER WEEK 54,120 10.25 ------------------------------------------------------------------------------------------------------------------ SWEEP CLASS D TOTAL CENTER ISLANDS AND MEDIANS SWEPTTWlCEPERMONTH 247,210 46.82 ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS E TOTAL CENTER LINES SWEPT TWICE PER MONTH 114,576 21. 70 (PASS MILES) SWEEP CLASS F TOTAL NON-CURBED STREETS TO BE SWEPT TWICE PER MONTH 139,973 26.51 SWEEPCLASS H Special sweeping or specialized sweeps Hourly Rate at $65.00 per hour for weekdays Hourly Rate at $75.00 per hour for weekends and holidays Mileage Rate at $13.45 per curb/[pass nrile Area Rate at $0.10 per 100 square feet SWEEP CLASS I-Sweep Recreational Parking Lots weekly on Mondays !Tom March 31 th to September 30th Area Rate at $0.10 per 100 square feet. Moo: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 31 Iv ~ 37 EXHlß\T ß City of Chula Vista Public Works Operations Class "A" Street Sweeping LisU In Alphabetical Order 5/23/02 ABALONE POINT CT 193 A . ABARCA CT 212 A ABETO CT 431 A ABETO DR 1,454 A ACERO PL 447 A ACERO ST 1,757 A ADA ST 1,305 A AGAVE FLATS LN 347 A AGUA TIBIA AV 2,286 A ALAGRIA PL 339 A ALBANY A V 2,429 A ALDERBROOK PL 275 A ALEJANDRA PL 164 A ALLEN SCHOOL LN 1,681 A ALLEN SCHOOL RD 313 A ALL VIEW CT 441 A ALMONTE PL 264 A ALPINEAV 3,460 A ALPINE-MINOT AV 832 A ALVARADO PL 178 A ALVARADO ST 1,938 A AL VOCA ST 602 A AMELIA ISLAND DR 614 A AMENA CT 347 A ANCURZA WY 262 A ANGELA LN 472 A ANITA JUNE CT 230 A ANITA ST 6,698 A ANZA WY 521 A APACHE DR 3,079 A APPALACHIAN PL 1,003 A ARBORCREEK LN 479 A ARDILLA PL 316 A ARGA PL 368 A ARIES CT 831 A ARIZONA ST 1,861 A ARROW POINT CT 247 A ARROWHEAD CT 122 A ARROYO CT 426 A ARROYO DR 1,486 A ARROYO PL 384 A ARTHURAV 1,187 A ASH AV 4,451 A ASHBROOK DR 615 A 1 /0-38 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order ASHFORD CASTLE DR AUBURN AV AUGUSTINA PL AUSTIN CT . AVENIDA DE LA BARCA AVENIDA DEL REV AVENIDA MADERA AVENIDA SOLARIA AVENIDA YSIDORA AYAMONTE WY AZALEA ST AZUSA CT BAJO CT BAJO DR BALLAST POINT CT BANNER AV BARRETT AV BAY BL BAY HILL RD BAY LEAF DR BAYLOR AV BAYONA LP BAYVIEWWY BEACON PL BEAR CREEK PL BEECH AV BEECH GLEN DR BELINDA WY BERLAND WY BERMUDA DUNES PL BETHUNE WY BEYER WY BISHOP ST BLACKWOOD RD BLUELAKE DR BLUEWATER LN BLUFF POINT CT BOCA RATON DR BOCA RATON ST BODEGA BAY DR BONITA CANYON DR BONITA GLEN DR BONITA RD BONITA RD BONITA VERDE DR BORDEAUX TE 1,368 999 170 221 915 1,588 348 847 710 731 1,142 383 309 433 123 2,285 1,924 13,385 759 2,344 1,344 2,527 323 772 482 4,992 574 388 1,813 320 658 1,565 661 1,515 185 606 180 1,180 130 567 1,404 1,154 5,255 1,161 1,245 775 5/23/02 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A ND A A 2 /0-39 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order BORREGO SPRINGS RD BOSWELL CT BOSWELL RD BOULDER CREEK ST . BRANDYWINE AV BRIDGEPORT BRIGHTWOOD AV BRISBANE ST BRISTOL CT BRONCO PL BROOKS TRAIL CT BUCKAROO LN BUCKNELL ST BUEN TIEMPO DR BUENA VISTA CT BUENA VISTA WY BURGA LP CST CABERNET DR CALlENTE LP CALLE CANDELERO CALLE DEL AMOR CALLE ESCARPADA CALLE FLORECITA CALLE LA MIRADA CALLE LAGASCA CALLE MESITA CALLE SANTIAGO CALMA DR CALMA PL CAMELLIA CT CAMINO ATAJO CAMINO BISCAY CAMINO CALABAZO CAMINO CATALONIA CAMINO DEL CERRO GRANDE CAMINO DEL REY CAMINO DEL SOL CAMINO ELEVADO CAMINO ENTRADA CAMINO ESPUELAS CAMINO LA PAZ CAMINO VISTA REAL CANARIOS CT CANYON CT CANYON DR 5/23/02 794 200 2,446 174 5,833 733 4,491 816 851 216 153 1,427 740 1,469 197 7,533 969 2,028 1,448 1,197 1,727 642 1,350 1,511 995 1,290 1,647 2,463 2,329 249 440 1,074 2,011 1,145 737 2,579 1,805 4,353 7,397 1,368 916 2,002 2,304 310 141 3,575 A A A A A A A NE A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 3 ) 0 - ¥-O City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 CANYON RIDGE DR CARDINAL PL CARDONA AV CARISSA A V CARISSA CT CARLA A V CARLOS CANYON CT CARLOS CANYON DR CARMONA CT CARVER ST CASITAS CT CASSELMAN CT CASSELMAN PL CASSELMAN ST CASSIA PL CAVERN POINT CT CAZORLAAV CEDARAV CEDAR GROVE CT CEDARBEND WY CEDARSPRING DR CENTER ST CERRITOS CT CHANTEL CT CHAPARRAL DR CHARDONNAY TE CHARRO CT CHATEAU CT CHERRY HILLS LN CHERRY POINT DR CHERYL PL CHESTNUT CT CHIMNEY FLATS LN CHOLLA PL CHOLLA RD CHULA VISTA ST CHURCH AV CIMA DEL REY CITADEL CT CITRUS WY CLAIRE AV CLARISS ST CLEARBROOK DR CLEARWATER PL CLOUDWALK CANYON DR CLUBHOUSE DR 2,191 184 642 277 360 2,013 128 2,232 605 660 403 226 146 1,768 363 174 630 4,708 420 933 368 2,544 507 325 530 891 170 2,004 1,141 368 385 724 1,374 73 1,573 1,957 2,349 1,189 476 407 2,943 623 1,332 649 798 6,352 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 4 /0 -1/ City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 COBB MEADOW PL COE PL COLDBROOK CT COLORADO AV . COL TRIDGE LN COLUMBIA ST CONNOLEY AV CONNOLEY CI CORALWOOD CT CORDOVA CT CORDOVA DR CORNELL AV CORRAL CANYON RD CORRALCT CORRALES LN CORTE CERRADA CORTE DE CERA CORTE DE VELA CORTE ENTRADA CORTE HELENA CORTE MARIA AV CORTE NACION CORTE PRIMAVERA COST A A V COUNTRY CLUB DR COUNTRY TRAILS CT COUNTRY TRAILS LN COUNTRY VISTAS LN CRANN AV CREEKWOOD WY CRESCENT DR CREST DR CRESTA WY CRESTED BUTTE ST CRESTVIEW DR CROSSCREEK RD CROWN POINT CT CRYSTAL DOWNS DR CRYSTAL SPRINGS DR CUMBRE VIEW CUYAMACAAV CUYAMACA WY CYPRESS POINT CT CYPRESS ST DST DALE CT 106 373 169 6,172 822 1,221 1,278 1,674 377 138 1,405 565 5,808 1,302 672 137 797 496 352 1,095 6,686 462 253 766 1,686 166 257 7,990 421 549 2,153 1,807 1,086 1,704 2,605 1,009 249 773 1,570 2,149 5,443 238 125 1,454 8,489 212 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 5 /o-L!ð- City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 DAMAS PL DANA POINT CT DARTMOUTH ST DATE AV . DAVID DR DAVIDSON ST DAWN CT DE ANZA CT DEL CORRO CT DEL CORRO PL DELMARAV DELMARAV DEL MAR CT DEL MONTE A V DEL PRADO CT DEL REY BL DEL REY PL DEL RIO CT DEL SUR CT DENNIS AV DEREK WY DESCANSO CREEK PL DESERT INN WY DESIGN CT DIABLO POINT CT DIAMOND CT DIAMOND DR DISCOVERY BAY DR DIXON CT DIXON WY DON CARLOS CT DONAHOE ST DORADO CT DORADO WY DORAL WY DORAN CT DOROTHY ST DOUGLAS ST DOVER CT DRAKE CT DUKE ST DUORO DR DURWARD ST E 30TH ST E EMERSON 5T E FLOWER 5T 251 196 1,002 2,870 1,986 3,528 119 180 574 446 3,453 1,320 431 1,322 138 1,546 289 377 103 2,336 444 281 219 657 266 284 1,464 525 225 485 765 1,308 227 877 217 174 1,423 2,708 341 459 1,117 1,306 738 829 3,724 1,560 A A A A A A A A A A A NF A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 6 /O,i/3 City of Chula Vista Public Works Operations Class "A" Street Sweeping List! In Alphabetical Order 5/23/02 E HST EIST EJ8T E JAMES CT E JAMES ST E LEANNA CT E MANKA TO ST E MANOR DR E MILLAN CT E MILLAN ST E MOSS ST E NAPLES CT E NAPLES ST E OLYMPIA CT E OLYMPIA ST E ONEIDA CT E ONEIDA ST E ORLANDO CT E ORLANDO ST E OXFORD ST E PAISLEY ST E PALOMAR DR E PALOMAR ST E PARK LN E PROSPECT 8T E QUEEN ANNE DR E QUINTARD ST E RIENSTRA ST E SAN MIGUEL DR ESHASTAST E SIERRA WY E VAQUERO CT E WHITNEY ST EAGLE VALLEY DR EASTLAKE DR EASTLAKE PW EASTLAKE PW EASTRIDGE LP ECKMAN AV ECKMAN CT EL CAPITAN DR EL GRANADA RD EL LORD ST EL LUGAR ST EL PORTAL DR EL RANCHO VISTA 13,398 1,878 17,910 178 1,108 162 992 1,034 133 3,089 2,219 239 9,689 522 1,639 358 3,136 362 1,640 6,198 2,909 1,179 7,043 1,306 2,507 1,520 1,993 4,502 1,286 993 1,167 289 1,354 1,347 2,277 1,019 6,580 3,744 1,738 198 2,176 1,041 254 860 2,220 201 AID A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A AID A A A A A A A A A 7 ;0 - '1'1 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 ELDEN AV ELDER AV ELISE ST ELKHORN CT ELM AV ELMHURST ST ELMWOOD CT ELSIE WY EMERSON ST ENCANTADA CT ENERGY WY ENTERTAINMENT CI ENTRADA PL EQUINOX WY ESLA DR ESPERANZA PL ESPUELAS CT ETON CT EUCALYPTUS CT EVANS AV F ST FAIRWAY CT FAIRWAY OAKS DR FAIVRE ST FALCON VALLEY DR FALLBROOK CT FALSE POINT CT FEATHER RIVER PL FEATHER RIVER RD FEll NO WY FENTON ST FERN ST FERN VALLEY RD FESTIVAL CT FIFIELD ST FIFTH AV FIGAV FINCH PL FIRST AV FLINN SPRINGS RD FLOWER ST FLOYD AV FORDHAM AV FOREST LAKE RD FOREST MEADOW CT FOREST OAKS DR 466 3,693 388 191 3,578 2,877 1,274 348 425 167 2,672 4,499 466 137 598 1,098 202 891 804 511 1,861 .963 927 2,475 1,965 1,297 205 85 751 629 2,741 288 1,910 194 1,013 12,589 3,706 851 13:977 423 5,324 2,672 271 625 610 703 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 8 /O-Lf5 City of Chula Vista Public Works Operations Class "A" Street Sweeping List! In Alphabetical Order 5/23/02 FORESTER LN FORTUNA ST FOUNTAIN GROVE PL FOURTH AV FOXBORO AV FRIAR PL FRONTAGE RD FRONTAGE RD W GST GALDAR PL GALVESTON WY GAMAY TE GARDEN PL GARRETT AV GENEVIEVE AV GENTRY WY GEORGINA ST GILBERT PL GLEN CREEK DR GLOVER AV GLOVER CT GLOVER PL GOLD OAK CT GOLDRUSH CI GOLFCREST LP GOTHAM ST GRAND FORKS RD GRAND TETON CT GRANITE SPRINGS DR GRANJAS RD GREDOS PL GREEN RIVER DR GREEN VALLEY RD GREENSGATE DR GREENWOOD PL GRETCHEN RD GUATAY AV GUAVAAV HST HALE PL HALE ST HALECREST DR HALF MOON BAY DR HALLEY CT HALSEY ST HAM DEN DR 1,176 1,286 242 1,915 1,672 212 2,110 2,799 4,819 281 776 1,161 487 6,236 651 405 1,354 438 643 3,353 527 p55 345 176 1,386 5,244 677 624 1,810 375 310 2,575 549 537 1,348 3,181 3,377 4,557 545 343 281 2,743 618 164 4,415 1,069 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A AID A A A A A A A A A A A A 9 /0 - LJ6 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 HAMPTON CT HARTFORD ST HARVARD ST HEATHER CT HEDGE WY HELIX AV HELIX WY HIBISCUS CT HICKORY TE HIDDEN SPRINGS PL HIDDEN VALLEY AV HIDDEN VISTA DR HILLSIDE DR HILLTOP CT HILLTOP DR HILTON HEAD RD HITCHING POST LN HOLIDAY CT HORIZON VIEW DR HORSESHOE CT HUERTO PL HUNTE PW HUNTE PW I ESPLANADE 1ST 1ST INDIAN CREEK DR INDIGO CANYON RD INDUSTRIAL BL INKOPAH ST INVERNESS AV ITHACA CT ITHACA ST IWCT J ESPLANADE JACQUA ST JACQUELINE WY JADEAV JADE CT JAMES CT JAMES ST JAMULAV JAMUL CT JASMINE ST JASMINE WY JASON PL 1,069 621 1,435 167 263 4,917 262 574 325 715 474 3,124 4,385 526 1,779 540 499 205 1,035 246 861 ~,870 5,361 227 7,544 655 1,203 1.l30 7,756 4,666 167 155 2,782 101 225 663 471 1,088 186 532 999 2,361 1,021 832 751 150 A A A A A A A A A A A A A A A A A A A A A A AID A A AlB A A A A A A A A A A A A A A A A A A A A 10 /0 -'11 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 JASPER AV JASPER CT JA YKEN WY JEFFERSON AV JEREMY POINT CT JICAMA WY JOSEFINA PL JOSSELYN AV JUDSON WY JUNIPER ST KST KAREN WY KARRA CT KEARNEY CT KEARNEY ST KELSO CT KENNEDY ST KENT ST KERNEL PL KILEY RD KIM PL KIMBALL TE KING ST KINGSWOOD DR KITTIWAKE LN KNOLLWOOD PL KRISTA CT KUHN DR LST LA CRESCENTIA DR LA MANCHA PL LA SALLE CT LA SENDA WY LADIOSA CT LAFAYETTE PL LAGASCA PL LAGUNA POINT CT LAGUNA ST LAKESHORE DR LANDIS A V LANEAV LANSLEY WY LANTANA A V LAREDO CT LARKHAVEN DR LAS BAN CAS CT 1,344 188 1,061 7,288 406 888 159 1,300 3,809 507 9,064 135 764 196 5,932 349 1,321 902 170 1,516 680 561 1,989 657 922 839 701 q70 6,540 2,118 669 174 1,355 574 854 954 248 539 6,366 1,836 4,102 527 1,064 172 1,040 448 A A A A A A A A A A A A A A A A A A A A A A A A A A A A AlE A A A A A A A A A A A A A A A A A 11 I()-'f'f City of Chula Vista Public Works Operations Class "A" Street Sweeping ListJ In Alphabetical Order 5/23/02 LAS FLORES DR LAUREL AV LAWN VIEW DR LAZO CT LEANNA ST LEGATE CT LEHIGH AV LEMIRE CT LEMIRE DR LEOMA LN LILAC AV LINDA LN LOCDEL CT LaMA CT LaMA LN LaMA VIEW LONE PINE CT LONG POINT CT LORI LN LOS CaCHES CT LOS INDIOS CT LOTUS DR LOWEWOOD PL LOYOLA CT MACE ST MACKENZIE CREEK RD MADISON AV MADRONA ST MALlBU POINT CT MALlTO CT MALTAAV MANKATO ST MANZANITA ST MANZANO PL MAPLE CT MAPLE DR MARBELLA CI MARBELLA CT MARBELLA PL MARBLE CT MARBLE WY MARCILLA WY MARGO CT MARIA WY MARIETTA ST MARIGOLD PL 2,639 1,751 926 428 565 289 1,005 105 379 492 1.433 243 370 476 1,793 691 251 406 1,688 947 183 1,066 359 932 651 783 4,929 2,102 228 542 2,427 1,997 1,573 539 144 390 2,125 77 377 764 270 735 91 1,547 202 614 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 12 10 - '19 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 MARINA PW MARINA PW MARINA WY MARIPOSA CI MARIPOSA ST MARL A V MARL CT MARQUETTE RD MARQUIS CT MARSA T CT MARTINIQUE DR MARTOS PL MASTERS RIDGE RD MAVERICK PL MtV< AV MAXWELL RD MAZAGON LN MCINTOSH ST MEADOWBROOK LN MEADOWLARK AV MEDICAL CENTER CT MEDICAL CENTER DR MELROSE AV MELROSE CI MELROSE CT MELROSE WY MENDOCINO DR MERIDIAN LN MERLOT PL MESA CT MESA GRANDE PL MESA PL MILAGROSA CI MILAGROSA CT MILAGROSA PL MILAGROSA WY MILLAN ST MILLER DR MILLS ST MINOT AV MISSION AV MISSION CT MITSCHER ST MONSERATE AV MONTCALM ST MONTCLAIR ST 1,670 3,456 1,695 2,241 1,071 1,930 367 2,326 1,691 979 843 211 819 374 4,942 4,081 530 1,338 291 690 1,395 3,951 17,182 129 205 665 1,652 248 187 276 805 330 2,893 404 191 230 1,847 952 1,220 5,803 2,413 1,210 1,162 8,326 2,553 2,837 A AID AID A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 13 /0- 50 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 MONTE VISTA A V MONTEBELLO ST MONTERA CT MONTEREY AV . MONTEREY CT MONTGOMERY ST MOON VIEW DR MOREHOUSE PL MORRO POINT DR MOSS ST MOUNT MIGUEL RD MOUNTAIN RIDGE RD MOUNTAIN VIEW LN MOY A PL MURRAY ST MUSTANG PL MYRA AV MYRA CT MYRTLE BEACH WY N CREEKSIDE DR NDELMARAV N FIFTH AV N GLOVERAV N GREENSVIEW DR N RANCHO DEL REY PW N SECOND AV NACION AV NANETIE ST NANTUCKET DR NAPAAV NAPA CT NAPLES ST NEPTUNE CT NEPTUNE DR NEW HAVEN DR NEW SEABURY WY NICKMAN ST NILE AV NILE CT NIRVANA AV NITACT NIXON PL NOBLE CANYON RD NOCTURNE CT NOLAN A V NOLAN CT 342 1,344 390 2,899 1,059 3,971 306 550 1,142 6,213 1,999 1,332 599 408 2,106 208 4,283 1,276 606 289 813 740 1,874 3,875 10,002 2,347 10,468 28.7 319 1,271 202 8,806 466 2,223 783 583 1,328 538 188 1,776 314 212 2,172 407 4,699 711 A A A A A A A A A A A A A A A A A A A A A A A AID A A A A A A A A A A A A A A A A A A A A A A 14 /¿J-.:5"! City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 NOLAN LN NOLAN WY NORELLA ST NORMA CT NOVA PL NOVA WY OAK CT OAK HILL DR OAK KNOLL CT OAK PL OAK SPRINGS DR OAK VIEW TE OAKLAWN AV OASISAV OCALA A V OCALA CT OCEAN BREEZE WY OCEAN VIEW LN OCELOT AV OLD TRAIL DR OLEANDER AV OLIVE AV OLIVE CT ORANGE AV ORANGE DR ORDE CT ORDVIEW CT ORIOLE CT ORIOLE PL ORLANDO CT ORO CT ORSETT ST OSAGE AV OSSA A V OT A Y LAKES RD OTAY VALLEY RD OTIS ST OVERLAND CT OXFORD CT OXFORD ST PACIFIC AV PACIFIC HILL ST PADERA CT PADERA WY PADRONE PL PAISLEY CT 653 1,887 1,148 423 469 526 185 393 463 529 1,780 614 9,600 1,171 3,669 1,171 557 410 874 808 12,953 1,125 274 6,164 851 254 254 350 973 564 200 1,318 2,328 418 1,373 901 1,767 122 230 6,227 100 562 535 784 777 575 A A A A A A A A A A A A A A A A A A A A A A A AIB A A A A A A A A A A AIB AIB A A A A A A A A A A 15 /0-5,;2. City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 PALENCIA CT PALENCIA PL PALM BEACH 5T PALM DR PALOMAR DR PALOMAR 5T PARK DR PARK MEADOWS RD PARK WY PARKSIDE CT PARKSIDE DR PA5EO BURGA PASEO DEL CERRa PASEO DEL NORTE PA5EO DEL PASO PASEO DEL REY PASEO ENTRADA PASEO LA CRESTA PASEO LADERA PASEO MAGDA PASEO MARGUERITA PASEO PRIMAVERA PASEO RANCHERO PASEO ROSAL PASEO SARINA PASEO SIERRA PASEO VERDE PASO ROBLES CT PATOS PL PATRICIA AV PEACH TREE CI PEACOCK VALLEY RD PEARLWOOD ST PEBBLEBROOK PL PECAN PL PELICAN POINT CT PENELOPE DR PEPPER GLEN WY PEPPER TREE RD PEPPERWOOD CT PERLAS CT PESCADERO POINT CT PINE CT PINE ISLAND DR PINERIDGE CT PLATANO CT 699 707 513 1,040 1,421 3,961 942 704 2,650 450 1,449 2,006 653 579 918 5,510 2,870 2,178 2,918 1,122 775 422 5,890 1,455 397 285 321 639 159 1,015 973 1,027 824 171 498 283 1,048 556 1,100 134 74 179 190 168 348 489 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 16 /¿;J-53 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 PLAZAAMISTAD PLAZA AMPARADA PlAZA CAPOTE PlAZA CATALONIA . PlAZA CT PlAZA DEL CID PlAZA ELENA PlAZA ESCALANTE PlAZA FLORA PlAZA GARDENIA PLAZA LA PAZ PlAZA MAR PlAZA MIRALESTE PlAZA MIRODA PlAZA NARISCO PlAZA SEVILLE PlAZA SIERRA PlAZA ULTIMA PlAZA VISTA MAR PLEASANT VALLEY PL PLUMAS PINES PL PLYMOUTH CT POINSETTIA ST POINT ARENA CT POINT ARGUELLO DR POINT BARROW DR POINT BUCHaN CT POINT CAB RILLa CT POINT CAIMAN CT POINT CONCEPCION CT POINT DEFIANCE CT POINT DELGADA CT POINT DUME CT POINT ESTERO DR POINT FERMINE CT POINT HUENEME CT POINT LA JOLLA DR POINT LaMA CT POINT MEDANAS CT POINT MUGU CT POINT PACIFIC CT POINT REYES CT POINT SAL CT POINT SAN LUIS CT POINT SUR CT POINT VICENTE CT 409 299 365 166 336 820 140 215 213 112 226 243 590 451 391 159 222 189 191 180 270 381 550 208 1,514 572 259 225 262 191 459 457 242 624 128 238 1,103 244 314 190 130 243 190 189 198 251 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A /¿)-S~ 17 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 PONTE VEDRA WY POPPY HILLS DR PORT ALBANS PORT ASHLEY PORT CARDIFF PORT CARNEY PORT CHELSEA PORT CLARIDGE PORT DUNBAR PORT HARWICK PORT RENWICK PORT STIRLING PORT TRINITY POSITAS RD POTRERO CT PRAIRIE DR PRESIDIO POINT CT PRESS LN PRESTON LN PRESTON PL PRIMROSE PL PRINCESA CT PRINCESS MANOR CT PROCTOR VALLEY RD PROCTOR VALLEY RD PROSPECT CT PROSPECT ST PROVENCE CT PUEBLO PL QUAIL CT QUAIL DR QUAIL PL QUAY AV QUIET CREEK WY QUINCE PL QUINCE ST QUINOA CT QUINTARD ST RACE POINT CT RAINBOW DR RAINIER CT RANCHO CT RANCHO DR RAVEN AV RAVEN PL RAWHIDE CT 281 1,251 432 337 1,545 163 275 428 1,062 1,078 1,611 368 301 1,124 241 534 196 442 138 320 243 178 662 1,890 5,100 1,193 1,636 355 324 299 411 578 718 167 568 247 236 5,080 170 842 605 422 3,023 2,225 178 606 A A A A A A A A A A A A A A A A A A A A A A A A NO A A A A A A A A A A A A A A A A A A A A A 10-55 18 City of Chula Vista Public Works Operations Class "A" Street Sweeping ListJ In Alphabetical Order 5/23/02 RED HILL LN RED MAPLE DR RED OAK PL REDBUD PL REDBUD RD . REDLANDS PL REDWING RD REGENCY CT REGENCY WY REGULO PL REISLlNG TE RICHMOND PARK ÇT RICHMOND PARK PL RIDGE CREEK DR RIDGEBACK RD RIDGEVIEW CT RIDGEVIEW WY RIDGEWATER DR RIENSTRA CT RIMCREST CT RIO SECO CT RIOSAV RIVER ASH DR RIVER ROCK RD RIVERA CT RIVERA PL RIVERA ST RIVERBEND WY RIVERCREEK CT RIVERLAWN AV RIVIERA DR RIVIERA WY ROBERT AV ROBIN PL . ROCA PL ROCA RD ROCK CREEK PL ROCKING HORSE DR ROCKY POINT CT ROGAN RD ROLLING RIDGE RD ROMAN WY RONNA PL ROOSEVELT ST ROSAL CT ROSEMARY PL 444 1,413 293 190 1,207 2,122 733 379 779 535 937 276 365 837 2,598 441 2,019 1,088 333 295 150 861 591 1,533 915 715 1,769 556 323 2,240 1,795 236 1,418 136 262 1,279 135 812 193 586 2,363 710 138 2,190 505 449 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A / tJ - 50 19 City of Chula Vista Public Works Operations Class "A" Street Sweeping List! In Alphabetical Order 5/23/02 ROSEVIEW PL ROSITA CT RUE AVALLON RUE BAYONNE RUE CHAMOND RUE CHATEAU RUE LEBLANC RUE MARSEILLES RUE MICHELLE. RUE PARC RUE VALBONNE RUTGERS AV S CREEKSIDE DR S GREENSVIEW DR S HILLS DR S RANCHO DEL REY PW SADDLE HORN DR SAGE VIEW SAN ANGELO PL SAN BRUNO PL SAN GABRIEL PL SAN JACINTO PL SAN JOSE CT SAN JUAN PL SAN LUCAS PL SAN MARCOS PL SAN MARINO PL SAN MATEO POINT CT SAN MIGUEL CT SAN MIGUEL DR SAN PABLO PL SAN PEDRO POINT CT SAN RAFAEL PL SANDALWOOD DR SANDPIPER WY SANDSTONE CT SANDSTONE ST SANDY CREEK DR SANTA ANITA CT SANTA BARBARA CT SANTA CLARA CT SANTA CRUZ CT SANTA LUCIA RD SANTA MARIA CT SATINWOOD CT SATINWOOD WY 188 304 737 306 186 1,334 180 177 2,054 325 187 3,180 2,683 8,337 1,339 8,436 838 1,312 374 255 362 ,415 288 261 476 183 173 419 155 2,512 294 182 418 1,148 2,318 267 1,014 586 472 313 347 729 1,741 561 121 1,021 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A /0 -57 20 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23102 SAUTERNE PL SAWGRASS PL SCHOOL HOUSE RD SCRIPPS AV SEA BREEZE CT SEA ISLAND PL SEA VALE CT SEA VALE ST SEAL POINT CT SECOND AV SEQUOIA CT SEQUOIA ST SERRANO LN SESAME ST SHASTA ST SHEFFIELD CT SHERWOOD ST SHERYL AV SHINOHARA LN SHIRLEY ST SHOREACRES DR SHOREVIEW PL . SHY LN SIERRA WY SILVAS ST SILVER SPRINGS DR SILVERADO DR SKYBROOK PL SKYHILL CT SKYLARK WY SLATE CT SLATEST SMITH AV SMOKY CI SONOMA CT SONORA DR SOUTH POINT DR SOUTH SHORE DR SOUTHVIEW CI SOUTHVIEW CT SPANISH BAY RD SPARROW ST SPRUCE CT SPRUCE RD SPRUCE ST ST CLAIRE DR 359 121 648 283 149 165 338 2,907 320 16,111 264 3,316 1,369 1,828 4,032 2,246 661 713 373 618 1,317 399 651 6,426 1,343 3,486 2,445 H57 256 482 234 873 1,657 2,276 386 1,185 1,240 863 1,568 385 680 330 151 1,209 1,505 1,300 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A IÓ-55 21 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 ST GERMAIN RD STALLION PL STANFORD AV STARWOOD CI STEAMBOAT SPRINGS CT STELLA ST STONE CANYON RD STONECREEK PL STONERIDGE CT SUGAR PINE PL SUMMERHILL AV SUNBURST LN SUNCREEK DR SUNDANCE CT SUNDOWN LN SUNDROP CT SUNNY CREST LN SUNSET POINT CT SURREY DR SURREY PL SUZANNE LN SWEETWATER RD SYCAMORE DR TALLOW CT TALUS ST TAMARACK CT TAMARACK ST TAMARINDO WY TAMARISK GROVE DR TAMPACT TANBARK CT TANBARK ST TANOAK CT TARAT A CT TAXCO CT TEAK CT TEALST TEENA DR TELEGRAPH CANYON RD TERRA NOVA DR TESOT A CT THERESA WY THORNTON RD THRUSH ST THUNDER SPRINGS RD THUNDERBIRD PL 1,983 212 1,255 982 860 530 1,643 538 276 135 177 535 720 236 1,235 164 1,674 191 8,796 422 435 1..023 1,648 365 942 317 537 1,236 771 252 251 620 180 292 155 225 620 393 4,658 4,725 425 2,910 191 1,102 849 376 A A A A A A A A A A NO A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A I O· - <,:;09' /' - 22 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 TIERRA BONITA PL TIERRA DEL REY TIFFANY CT TIFFANY WY TILlA CT TIMBER CT TIMBER ST TOBIAS DR TOPAZ CT TORTUGA POINT DR TOURMALINE CT TOURMALINE ST TOYON LN TRAILRIDGE DR TRAM PL TRANQUILO LN TREMONT ST TRENTON AV TROON WY TROUSDALE DR TULANEAV TURQUOISE CT TURTLE CAY PL TURTLE CAY WY TWIN OAKS AV TWIN OAKS CI VALENCIA CT VALENCIA LP VALLEY GARDENS DR VALLEY RIDGE ST VANCE ST VASSAR AV VERANO DR VERIN LN VERONICA CT VERSAILLES RD VIA ARMADO VIA CURVADA VIA DE LAURENCIO VIA ENCANTADA VIA ESCALANTE VIA GOY A VIA HACIENDA VIA LA CUESTA VIA LA PALOMA VIA LUNA 662 2,276 148 940 183 184 476 3,440 619 513 759 781 466 1,478 482 896 3,252 456 228 1,406 275 .625 318 864 4,215 1,198 554 1,994 801 200 1,842 542 680 1,755 115 953 1,166 583 598 823 1,944 398 1,584 743 1,039 300 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A /o-(çO 23 City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 VIA MAR AZUL VIA MARIANA VIA MIRALESTE VIA MONADA . VIA TRIESTE VISTA DEL MAR CT VISTA DEL RANCHO VISTA MIRANDA VISTA PL VISTA WY W MANOR DR WVAQUEROCT WAGONWHEEL WY WALKING STICK CT WALNUT AV WALNUT DR WATERBURY WATERSIDE DR WATERTOWN LN WATERVILLE LAKE RD WATERWOOD CT WAXWING LN WAYNE AV WEISSER WY WELTON ST WEST POINT DR WESTBY ST WESTMONT CT WESTVIEW CT WESTVIEW DR WESTVIEW PL WHISPERING TRAILS DR WHITE BIRCH WHITE HORSE CT WHITNEY ST WHITNEY-MANKATO ST WIDGEON LN WILD OAK RD WILDBROOK PL WILER DR WILLIAM AV WILLOW CREEK CI WILLOW ST WILLOWBROOK CT WILLOWCREST WY WINDING OAK DR 669 647 1,379 552 714 302 133 1,117 246 5,883 1,033 281 547 608 732 3,916 2,244· 1,018 769 1,553 175 .499 548 850 311 1,415 1,326 2.24 142 1,437 291 612 225 136 2,712 302 217 375 234 606 552 1,116 1,073 192 850 822 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 24 / () -6/ City of Chula Vista Public Works Operations Class "A" Street Sweeping List/In Alphabetical Order 5/23/02 WINDROSE WY WINDSOR CI WINDY WY WISTERIA ST . WOODCREST ST WOODGLEN TE WOODHOUSE AV WOODLARK CT WOODLARK LN WOODLAWN AV WOODSPRING DR WRANGLER CT WUESTE RD WYKES ST XAVIER AV YALE ST YERBA LN YORBA CT YUBA DR ZENITH ST ZINFANDEL TE 1,678 1,423 552 1,326 1,252 784 761 362 286 10,241 673 494 2,604 312 619 2,447 188 279 197 3,972 1,719 A A A A A A A A A A A A AIF A A A A A A A A 25 1 0 -&~ City of Chula Vista Public Works Operations Class "B" Street Sweeping List! In Alphabetical Order ..'..(;$_........."'.."'..~.¡ . "Š·- . ·"ï;I;t ,)03.1,\i\': . -. -.j 5/23/02 BONITA RD 2,007 BID . BONITA RD 824 B/E CST 2,610 B CENTER ST 1,630 B CHURCH AV 1,322 B DAVIDSON ST 2,622 B DELMARAV 2,643 B EH ST 15,582 BID EHST 2,875 B/E ELST 4,382 BIE E ORANGE AV 1,749 B E ORANGE AV 6,372 BID EST 9,464 B/E F ST 7,936 B F ST 439 B/E FIFTH AV 3,970 B FIGAV 321 B FOURTH AV 21,226 B/E G ST 7,124 B HST 8,299' B/E HERITAGE RD 5,149 B HILL TOP DR 8,417 B HILL TOP DR 10,643 B/E 1ST 1,332 B 1ST 655 PJB J ST 7,941 B J ST 2,584 BID LST 4,024 B/E LANDIS AV 1,322 B L YNWOOD DR 131 B MADRONA ST 707 B MAIN ST 11,034 B MAIN ST 13,238 B/E N FOURTH AV 792 BID ORANGE AV 2,094 BID ORANGE AV 6,164 PJB OTAY LAKES RD 20,298 B OTAY LAKES RD 9,669 BID OTAY LAKES RD 3,448 B/E OT A Y LAKES RD 1,373 PJB OTAY VALLEY RD 101 B OTAY VALLEY RD 1,068 B/F OTAYVALLEYRD 901 PJB PALOMAR ST 4,242 B PALOMAR ST 3,973 BIE /o-!Þ3 1 City of Chula Vista Public Works Operations Class "B" Street Sweeping List/In Alphabetical Order 5/23/02 PARK WY PLAZA BONITA RD TELEGRAPH CANYON RD THIRD AV . THIRD AV 1,324 352 20,655 3,406 16,379 BID BID BID BID B/E / ¿) -It: if 2 City of Chula Vista Public Works Operations Class "C" Street Sweeping List/In Alphabetical Order ._11.· BROADWAY . BROADWAY EST HST THIRD AV THIRD AV 11,247 9,258 1,949 1,965 794 1,851 GID G/E G/E G/E G/D G/E 5/23/02 /o-1ø5 City of Chula Vista Public Works Operations Class "D" Street Sweeping List! In Alphabetical Order BONITA RD . BONITARD BROADWAY BROADWAY DELMARAV EHST EHST EJ ST EORANGEAV EASTLAKE PW GREENSGATE DR HUNTE PW 1ST J ST MARINA PW MARINA WY N FOURTH AV N GREENSVIEW DR ORANGE AV OT A Y LAKES RD PARK WY PLAZA BONITA RD PROCTOR VALLEY RD SUMMERHILL AV TELEGRAPH CANYON RD THIRD AV THIRD AV 2,007 1,161 11,247 1,460 1,325 15,582 13,398 1,963 6,372 6,580 537 5,361 665 2,584 3,456 1,695 792 3,875 2,094 9,669· 1,324 352 5,100 177 20,655 794 3,406 BID AID CID DIF DIF BID AID D BID AID AiD AID DIF BID AID AID BID AID BID BID BID BID AID AID BID CID BID 1 /() -0t;, City of Chula Vista Public Works Operations Class "E" Street Sweeping List/In Alphabetical Order 5/23/02 BONITA RD . BRISBANE ST BROADWAY E HST ELST EST EST F ST FOURTH AV HST HST HILLTOP DR LST LST MAIN ST OTAY LAKES RD PALOMAR ST THIRD AV THIRD AV 824 816 9,258 2,875 4,382 9,464 1,949 439 21,226 8,299 1,965 10,643 4,024 6,540 13,238 3,448 3,973 16,379 1,851 B/E AlE G/E B/E B/E B/E G/E B/E B/E B/E G/E B/E B/E AlE B/E B/E B/E B/E G/E /0 -& 7 City of Chula Vista Public Works Operations Class "F" Street Sweeping List! In Alphabetical Order Wif""·¡\!"RI'¡¡¡¡'"'~,'ji,~':r,' . ~Y\lI$!+'.$ f ,...,-·.,~·;:.',,,,,'it<;.'>:,,,,.· ~;.Ó 27TH ST 7TH ST ADA ST ALPINE AV AMY ST ANITA ST ARIZONA ST BAY BL BRITTON ST BROADWAY CEDARAV DST DATE ST DEL MARAV DEL MARAV DEL MONTE A V DIXON DR DOROTHY ST E PARK LN ELM AV EMERSON ST FAIVRE ST FIRST AV FRESNO AV GLENHAVEN WY 1ST JEFFERSON AV . LAGOON DR LOTUS DR MACE ST MAPLE DR MARINA PW MOSS ST NAPLES ST OTAY VALLEY RD OXFORD ST PACIFIC AV PALM AV QUEEN ANNE DR REED CT SECOND AV SPRUCE RD TOBIAS DR TWIN OAKS AV VALLEY AV 664 1,032 668 1,522 147 1,793 1,452 580 683 1,460 327 1,129 1,693 1,320 1,325 919 1,329 352 2,300 1,463 3,657 297 2,648 1,353 853 665 661 1,681 200 398 218 1,472 3,273 1,107 1,068 3,524 110 1,563 1,329 373 1,983 247 1,637 1,323 659 5/23/02 F F F F F F F F F D/F F F F NF D/F F F F F F F F F F F D/F F F F F F F F F B/F F F F F F F F F F F /0-66 1 City of Chula Vista Public Works Operations Class "F" Street Sweeping List/In Alphabetical Order 5/23/02 WELTON ST WUESTE RD WUESTE RD WYKES ST 2 /i)-ú/l EXHIBIT C CITY OF CHULA VISTA LIST OF PARKING LOTS TO BE SWEPT Class G Parking lots to be swept once per month: - *Eucalyptus Park (upper and lower lots) - *Rohr Park (3 separate lots) - Landis and Davidson, north side - Landis and Davidson, south side - MacKenzie Park - Cottonwood Park - Memorial Park/Parkway Gym - Nonnan Park Center - Lauderbach Park/Center - Greg Rogers Park - Rienstra Park/Max Field - Lorna Verde Park - SDG&E Park on Hilltop at Rienstra - Hilltop Park at Telegraph Canyon - Bayfront Park - Civic Center Library - Discovery Park - Chula Vista Community Park - Terra Nova Park - South Chula Vista Library . - Cottonwood Park - McKenzie Creek Park 69,710 sq. ft. 205,404 sq. ft. 25,520 sq. ft. 24,132 sq. ft. 12,000 sq. ft. 15,000 sq. ft. 20,913 sq. ft. 13,200 sq. ft. 19,350 sq. ft. 22,914 sq. ft. 85,083 sq. ft. 88,468 sq. ft. 11,329 sq. ft. 10,877 sq. ft. 15,000 sq. ft. 59,864 sq. ft. 64,670 sq. ft. 15,370 sq. ft. 15,370 sq. ft. 82,780 sq. ft. 8,000 sq. ft 12,500 sq. ft Civic Center area - Memorial Way - Area B - Public Services - Area D - Fire Station No. 1 - Area E - Fire Station No. 1 - Area F - Legislative Offices - Area G 16,640 sq. ft. 16,480 sq. ft. 83,920 sq. ft. 18,560 sq. ft. 10,560 sq. ft. TOTAL 1,037,401 sq. ft. Parking lots to be swept on an as-needed basis, under special sweeping services, not included in parking lot Class G. - Public Services - Area A - Police Dept. - Area C - Police Dept. - Area H TOT AT 10,080 sq. ft. 10,080 sq. ft. 7,.,60 <q ft 43,520 sq. ft. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 32 /ò-7tJ ENFORCEMENTS~ Exhibit D The parties agree that calculating the full damages caused by Cannon Pacific, L.L.c. failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof. Service Indicator Descrintion Penalty Amount 1 Failure to report Failure To Notify the City Risk Manager or Special $500.00 Property damage Operations Manager with Name, location and nature of accident within 24 hours of the incident. Failure To Respond In Writing (and cc City) to a Damage $1000.00 Claim Within 30 Days of Receipt And Initiate a Process to Resolve. 2 Failure to provide GPS Continued access to full GPS report. $100.00 3 Workin" GPS Each additional dav Failure to maintain workin" GPS $100.00 5 Failure to report Notify the City within the time allotted per incident: $50.00 deficiencv 6 Exceeds maximum For each hour or part thereof that the sweeping speed $100.00 speed while exceeds the eight (8) miles per hour contract limit: sweeDin!! 1. Right to Cure.Jn each case where a cure for unsatisfactory performance can be rendered within the same day, 24 hours or a time specified period, and the cure and time period are acceptable to the City, Cannon Pacific, L.L.C. may cure the incident without penalty. 2. Following Day Obligations. In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Clean Sweep Partner's right to cure shall be extended until the following business day. 3. Penalties for Additional Days in Breach: Minor Violations. Cannon Pacific, L.L.C. may obtain relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition, minor occasional violations with advance notice from Pacific and prompt cure may be excused at the discretion ofthe City Manager. 4. Right to Appeal. Contractor will have the right to appeal any City assessment to the City Manager whose decision shall be final. 5. Cure Options. These cure options, don't prohibit or impede City's ability to terminate the agreement under provisions 8 and 10 of this agreement. Mtm: stswp2002.doc May 21,2002 Agreement for 2002-2003 Street Sweeping Page 33 /0 - 71 sx \-\ t B \ T E Chula Vista Street Sweeping Schedule October Billing Class A- RasldantiaJ ~ S Per C/M TOTALS 10/03,10/04,10/05, 10/10,10/11,10/12, 10/18,10/19, 10/24, 10/26 & 10/27 518.72 X 11/12 475.49 $10.00 $4,754.90 Class B" 1 x Week Commercial 10/03,10/04,10/05.10/06 94.17 10/10,10/11,10112,10/13 94.17 10/17,10/18,10/19,10/20, 94.17 10/24,10/25,10/26 & 10/27 94.17 94.17 X 4 Weeks 376.68 $10.00 $3,766.80 Class C' 2 x Week Commercial 10/03,10/05, 10/10,10/12, 10/17,10/19, 10/24,10/27 8 X 9.70 - 77.60 77.60 $10.00 $776.00 Class D: 1 x Month Center Islands 10124,10/30 46.45 $10.00 $464.50 Class E' 1 x Month Center Lines 10124,10130 21.70 $10.00 $217 .00 Class F" Non Curbed 10103,10/05,10/10,10112 & 10/26 28.32 $10.00 $283.20 Parkina Lots' 1 x Month South Chula Vista Library, 10103 Lorna Verde Park, 10105 Reinstra ParklMax Field, 10105 SDG&E On Hilltop At Reinstra, 10/05 Discovery Park. 10111 Memorial Way - Area S, 10/12 . Eucaliptus, 10/12 Memorial ParklPrkwy Gym, 10112 Civic Center Library, 10112 ., Rohr Park (3) Separate Lots, 10117 Terra Nova, 10117 Greg Rogers, 10/19 Hilltop Park Telegraph Canyon, 10125 Above Lots SweDt With A Broom SweDer Landis & Davidson North, 10/04 Landis & Davidson South, 10104 Norman Park Center, 10/04 Lauderbach Park Center, 10104 Sayfront, 10111 Public Services - AreaD, 10/11 Fire Station - Area E. 10/11 Fire Station - Area F, 10/11 Legislative Offices - Area G, 10111 Chula Vista Community Park, 10118 $722.38 Above Lots Swect With An Air SWADer TOTAL ~ 10,984.78 /0-r¡;2- .......'.1 VI .....'IUIU V'~.<,;;4" Ex.\-\ \'5\ T t:- Otay Landfill, Inc Dump Fees 12m Ticket Number Tonnaae 8m. Total Fees 1/2/01 346120 1.59 $43.00 68.37 1/2/01 346343 1.69 $43.00 72.67 1/2/01 346109 2.89 $43.00 124.27 1/3/01 346497 2.37 $43.00 101.91 1/5/01 347594 1.07 $43.00 46.01 1/5/01 347411 1.54 $43.00 66.22 1/3/01 346577 1.19 $43.00 51.17 1/4/01 347115 1.69 $43.00 72.67 1/4/01 347207 1.29 $43.00 55.47 1/5/01 347405 1.76 $43.00 75.68 1/5/01 347568 1.29 $43.00 55.47 1/5/01 347784 1.11 $43.00 47.73 1/6/01 347992 1.33 $43.00 57.19 1/6/01 347993 3.52 $43.00 151.36 1/8/01 348334 2.26 $43.00 97.18 1/8/01 348444 1.77 $43.00 76.11 1/8/01 348445 2.05 $43.00 88.15 1/9/01 348945 1.71 $43.00 73.53 1/9/01 348970 2.07 $43.00 89.01 1/10/01 349178 1.49 $43.00 64.07 1/10/01 349179 2.60 $43.00 111.8 1/13/01 349872 1.81 $43.00 77.83 1/13/01 349881 1.28 $43.00 55.04 1/13/01 349942 1.33 $43.00 57.19 1/13/01 350011 3.13 $43.00 134.59 1/13/01 350024 1.63 $43.00 70.09 1/15/01 3~0159 1.56 $43.00 67.08 1/15/01 350228 4.29 $43.00 184.47 1/16/01 350471 1.91 $43.00 82.13 1/16/01 350506 1.48 $43.00 63.64 1/16/01 350664 1.48 $43.00 63.64 1/16/01 350665 0.73 $43.00 31.39 1/17/01 350931 3.40 $43.00 146.2 1/17/01 350973 1.58 $43.00 67.94 1/17/01 351132 1.32 $43.00 56.76 1/18/01 351426 1.95 $43.00 83.85 1/18/01 351565 1.96 $43.00 84.28 1/18/01 351617 1.03 $43.00 44.29 1/19/01 352065 1.81 $43.00 77.83 1/19/01 352067 2.12 $43.00 91.16 1/22/01 352722 3.02 $43.00 129.86 1/22/01 352808 3.62' $43.00 155.66 1/22/01 352901 1.96 $43.00 84.28 1/23/01 353146 1.27 $43.00 54.61· 1/23/01 353313 2.58 $43.00 11·Ö.94 1/23/01 353335 1.99 $43.00 85.57 1/24/01 353501 2.97 $43.00 127.71 1/24/01 353662 1.88 $43.00 80.84 1/24/01 353670 0.54 $43.00 23.22 1/25/01 353943 2.11 $43.00 90.73 1/25/01 353997 2.30 $43.00 98.9 1/25/01 354083 1.82 $43.00 78.26 1/26/01 354215 2.99 $43.00 128.57 1/26/01 354363 1.35 $43.00 58.05 1/26/01 354384 1.69 $43.00 72.67 1/26/01 354364 1.36 $43.00 58.48 1/29/01 354674 3.00 $43.00 129 1/29/01 354770 1.32 $43.00 56.76 1/29/01 354771 1.43 $43.00 61.49 1/30/01 355154 2.11 $43.00 90.73 1/30/01 355155 1.83 $43.00 78.69 1/31/01 355401 2.15 $43.00 92.45 )0-73 1/31/01 355404 3.96 $43.00 170.28 Grand Totals 12Ua 5530319 COUNCIL AGENDA STATEMENT Item // Meeting Date 6/18/02 ITEM TITLE: Resolution Waiving the consultant selection process as impractical and approving the second amendment to the agreement with Stantec Consulting, Inc., for an additional $184,480 for continued upgrade and expansion of the Public Works Operations' Work Management and Infrastructure Management System Resolution Waiving the consultant selection process as impractical and approving the first amendment to the agreement with CCG Systems, Inc., for an additional $40,800 for continued upgrade and expansion of the Public Works Operations' Fleet Management System SUBMITTED BY: Director of Public Works c//t'ct ¥ REVIEWED BY: City Manager 0/~ ~ (4/5 Vote: Yes No X ) The Operations Division of the Public Works Department proposes to implement Phase 3 of the Public Works Information Systems Modernization/Expansion CIP project. The growth of the City requires that technology be upgraded and expanded to provide for better management and planning of the City's infrastructure. In addition, the Operations Division proposes to expand the City's new Fleet Management System to include fleet services for Transit. Staff intends to use the same vendors that currently maintain the Work Management System (WMS) and Fleet Management System (FMS) because no other vendors can complete the additions and upgrades to the existing systems. As a result, staff recommends waiving, as impractical, the normal consultant selection process under provision 2.56.070 of the Chula Vista Municipal Code. The Operations Division had used a DOS-based WMS since 1986 to track the work production of most of the maintenance divisions. This older software was not Y2k-compliant, was not Windows- based, and had limited capabilities. The system also needed to be expanded to account for the City's growth and increase in development activity and concomitant increase in infrastructure to be maintained. The vendor who supplied, implemented and maintains the current WMS (Phases 1 & 2), Stantec Consulting, Inc., also sells integrated infrastructure modules and interfaces, which the Department recommends adding now with Phase 3. Furthermore, the Operations Division had used a separate FMS to track maintenance costs of the City's fleet. This software program was developed in 1978 and ran on the City's mainframe computer, which was phased out. The vendor who supplied, implemented and maintains the current FMS, CCG Systems, Inc, also sells additional client software that will allow fleet services for Transit to be tracked by the current system. , / Page 2, Item __ Meeting Date 6/18/02 The cost of the WMS for the initial phase (Phase 1) was $205,200, and $265,350 for Phase 2. This project was approved as part of the FY2000/01 CIP Program. The cost of the FMS for the initial phase was $86,200. RECOMMENDATION: That Council: 1) Adopt the Resolution waiving the consultant selection process as impractical and approve the second amendment to the agreement with Stantec Consulting, Inc., for an additional $184,480 for continued upgrade and expansion of the Public Works Operations' Work Management and Infrastructure Management System 2) Adopt the Resolution waiving the consultant selection process as impractical and approve the first amendment to the agreement with CCG Systems, Inc., for an additional $40,800 for continued upgrade and expansion of the Public Works Operations' Fleet Management System BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Governmental Accounting Standards Board Rule 34 (GASB 34) requires that an agency report on all capital assets such as 1) inventory o fin frastructure assets, 2) historical costs of infrastructure, and 3) current value of infrastructure in order to evaluate changes over time. As an alternative to depreciating infrastructure assets, an agency must have an Asset Management system that: · includes an up-to-date inventory · defines level of maintenance standards · provides cyclical condition assessment · documents that asset is maintained at or above the adopted standard The Operations Division of Public Works is charged with maintaining the City's infrastructure, which includes streets, sewers, storm drains, City trees, parks, open space, and street signage and striping; City buildings; City communications systems; and City vehicles and equipment. The infrastructure includes approximately 350 miles of streets (630 lane miles), 350 miles ofwastewater lines, 200 miles of storm drain pipes and channels, approximately 35,000 trees, over 370 acres of parks, 1,540 acres of open space, approximately 22,000 traffic signs and 15,000 street names signs, 750,000 square feet of City buildings, over 1,000 pieces ofconm~unications equipment, and over 500 vehicles and equipment. Page 3, Item ~ Meeting Date 6/18/02 Work Management System The Operations Division uses a Work Management System (WMS), which is an automated system used for collecting and tracking data about the work that an agency performs to maintain the City's infrastructure (excluding buildings, communications, vehicles and equipment). The purpose is to better manage limited resources and plan and prioritize work accordingly, eliminating as much labor- intensive record keeping as possible. However, this system must be updated, expanded and maintained in order to comply with GASB requirements. Since January of 2000, the Operations Divisions has implemented a new updated Work Management Program. The new WMS has several advantages over the old system. This upgraded system 1) eliminates paper tracking, 2) links service requests and backlogs with jobs, and 3) allows management to better plan and schedule work and evaluate cre~v performance and workload. The new system's emphasis is on meeting public needs, by changing the focus from measuring performance after the fact to scheduling and planning work based on service requests and work orders. Proposed Addition of Infrastructure Modules and Interfaces to WMS The Work Management System (WMS) needs to be expanded to add infrastructure modules applications (IMA) such as roads (streets) and closed circuit television (CCTV) modules, to better manage the City's assets and to provide a link to the City's Geographic Information System (GIS) to visually show areas where work has been completed or has been planned. As additional streets, storm drains, sewers, etc. are being added to the city, various interfaces are required to update the IMA from the GIS. Special hardware and software is currently being utilized to collect right-of-~vay data utilizing voice-to-data technology coupled with a Global Positioning System (GPS). Interns have been hired to collect sign supports & signs, as a first step. The interns will also be utilized to collect data such as traffic legends, pavement markings, street trees, street lights, medians, traffic signals, guard rails, etc. Both Operations and Engineering staff will utilize these modules and data. Adding these modules will allow the City to inventory all of its infrastructure assets in order to better manage and maintain them. The Operations Division has purchased wastewater (sewer), storm drain and right-of-way modules to provide information on pipes, access points, services, etc. which will be tied into the GIS and the WMS. The Operations Division, with the implementation of Phase 3 of the WMS, proposes to purchase the following modules and interfaces: Closed Circuit Television (CCTV) Module The Division proposes to purchase a closed cimuit television (CCTV) module to confirm the substantive completion of construction, maintenance, or repair work and evaluate the present condition of the underground pipe network and provide a link to the GIS to visually show areas where work has been completed or planned. The cost for the CCTV module with 10 concurrent seats or users is $22,820. Page 4, Item !i Meeting Date 6/18/02 Pearpoint Closed Circuit Television (CCTV) Interface The Division proposes to purchase a Pearpoint CCTV interface that will ensure that the IMA CCTV module contains current pipe observation data and provides the ability to run rehabilitation analysis reports. The cost for the Pearpoint CCTV interPace is $15,600. Map O[/jects Spatial Processor The Division proposes to purchase a Map Objects Spatial Processor to automate the spatial operation tasks and process data collected in the field spatially that can be delivered to DTS processing. This tool will be a stand-alone Windows executable application, using ESRI's Map Objects. The cost for the Map Objects spatial processor is $10,000. Storm Drain interface The Division proposes to pumhase a storm drain interface that will allow storm drain data such as pipes, manholes, inlets, outlets, channels, and detention/desiltation basins to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the storm network in the IMA. The cost for the storm drain interface is $23,100. Wastewater (Sewer) Interface The Division proposes to purchase a wastewater (sewer) interface that will allow sanitary sewer data to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the sanitary sewer network in the IMA. The cost of the wastewater (sewer) interface is $9,500. Support and Sign Interface The Division proposes to pumhase a support and sign interface to import field data collected (support and sign data) into the IMA database. The cost for this interface is $9,500. Roads Module The Division proposes to purchase a roads module to link the data (road section) contained in the City's pavement management system to the IMA. The IMA will maintain the geometry (curb, gutter, and shoulder types), traffic (functional class, traffic counts, etc.) structural (layer types, thickness, and EGT's) and performance data (condition data such as PQI, SDI, RC1, SAI, etc.). Each mad section will display to the pavement inventory, attribute, and condition data imported by the road module interface. The cost for the roads module with 10 concurrent seats or users is $15,900. Roads Module Interface The Division proposes to purchase a roads module interface that will allow importing of the IMS pavement management system (PM S) data into the 1MA database which will allow pavement data to be uploaded for the PMS and allow for future additions, modifications, deletions, etc. to IMA pavement data. The source data must correspond to existing fields in the appropriate IMA forms. The cost for the roads module interface is $9,500. Page 5, Item Meeting Date 6/18/02 IIMS Street (name) Interface The Division proposes to purchase a street (name) interface that will allow importing of the GIS street (name, city) data from GIS into the IMA and allow for future additions, modifications, deletions, etc. to the IIMS database. The cost of this interface is $7,720. IIMS Section (GIS) Interface The Division proposes to purchase a section (GIS) interface that will allow importing of the GIS section (id, on, from and to street names) data from GIS into the IIMS database (section table) which will allow street data to be uploaded from GIS to IMA and allow for future additions, modifications, deletions, etc. to IIMS section data. In addition, the Division proposes to purchase the spatial processing method to build the section table using Map Objects based road sectioning to assign the on, from and to street names using the valid and current IIMS street table and maintain the IIMS section table. The cost for this interface is $7,720 plus $4,500 for the GIS processing method. An additional $48,620 is budgeted for conversion of storm drain data currently in GIS to WMS ($10,000), 10 additional IMA concurrent seats ($6,000), training for implementation of various modules and interfaces ($19,800), and funds for an additional interface ($12,920) which includes providing staff with the knowledge to develop additional interfaces for right-of-way data such as street lights, medians, traffic signals, etc. Fleet Management System A fleet management system is similar to a work management system, in that it is an automated system for collecting and tracking data, in this case, vehicle and equipment data. A FMS can help with cost control and analysis, workflow, and scheduling of maintenance and replacement, in addition to tracking historical data. Since July of 2000, the Operations Divisions has implemented a new Fleet Management System. The new FMS has allowed the Division to reduce paperwork, eliminate the need to track fleet information on various types software and/or by hand, and provides the ability to retrieve data more quickly. The new FMS also tracks fuel costs, equipment purchases, and service and supply requisitions, and then spreads these costs to the user departments. Proposed Addition of Transit The Division proposes to expand the current fleet management software system to include fleet services for Transit by adding nine (9) additional concurrent users. This expansion will help ensure that all historical data related to the maintenance of Transit buses remains with the City even though the Transit Contractor may change from time to time. The cost for nine additional seats or users is $16,200. Page 6, Item Meeting Date 6/18~ An additional $13,800 is budgeted for project management set up and installation ($4,600) and training for two sessions ($9,200). In addition, the Division proposes to add six additional concurrent users to help provide the fleet information needed for Central Garage as the City's fleet expands to accommodate and respond to the growth and development activity. The cost for six additional seats or users is $10,800. FISCAL IMPACT: The total cost for expansion, implementation of the modules and interfaces is $225,280 ($184,480 tbr the WMS and $40,800 for the FMS). Of this mount, $40,800 will be funded by TDA funds and the remaining $184,480 will be funded by Residential Construction Tax, Development Impact Fees, Gas Tax, and Special Sewer funds. This project and funds were included in the FY00/0I CIP. Therefore, there is no fiscal impact to the General Fund. Fi}c: 0100-10-FB RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH STANTEC CONSULTING, INe. FOR AN ADDITIONAL $184,480 FOR CONTINUED UPGRADE AND EXPANSION OF THE PUBLIC WORKS OPERATIONS' WORK MANAGEMENT AND INFRASTRUCTURE MANAGEMENT SYSTEMS WHEREAS, the Operations Division had used a DOS-based work management system (WMS) since 1986 to track the work production of the maintenance divisions which had limited capabilities; and WHEREAS, in November, 1999, Council approved an Agreement with Stantec to purchase an upgrade and expansion of the Work Management System; and WHEREAS, the Operations Division of the Public Works Department proposes to implement Phase 3 of the Public Works Information Systems Modernization/Expansion CIP Project since the growth of the City requires that technology be upgraded and expanded to provide for better management and planning of the City's infrastructure; and WHEREAS, staff now recommends adding integrated infrastructure modules to continue the expansion and upgrade of the system; and WHEREAS, the vendor who supplied, implemented and maintains the current WMS (Phases I & 2), Stantec Consulting, Inc., also sells and is uniquely qualified to provide integrated infrastructure modules, since it is their system that is being upgraded and expanded and upgrading was determined by staff to be the most cost effective and appropriate approach to meet the City's needs; and WHEREAS, because no other vendors can complete the additions and upgrades to the existing systems, staff recommends waiving, as impractical, the nOTI11al consultant selection process under Section 2.56.070 of the Chula Vista Municipal Code; and WHEREAS, the cost of the WMS for the initial phase (Phase I) was $205,200 and $265,350 for Phase 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does waIve the consultant selection process as impractical and approve the Second Amendment to the Agreement with Stantec Consulting, Inc. for an additional $184,480 for continued upgrade and expansion of the Public Works Operations' Work Management and Infrastructure Management Systems, a copy of which shall be kept on file in the office ofthe City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Second Amendment on behalf of the City ofChula Vista. Presented by Approved as to form by ~Mt Attorney John P. LIppItt Director of Public Works J :\attomey\reso\Stantec2nd 1/;1"1 DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: ~ /;e> Þz.-.-- . J I -I( r , . 'f DRAFT Second Amended & Restated Agreement between City of Chula Vista and Stantec Consulting, Inc. for the Upgrade, Expansion, and Maintenance of the Public Works Operations' Work Management System This agreement ("Agreement"), originally dated November 9, 1999 for the purposes of reference only, and as amended and restated dated March 1, 2001 and now as amended and restated dated June 1, 2002 effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity·indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Whereas, a work management application (WMA) is an automated system for collecting and tracking data about the work an agency performs; and, Whereas, the Public Works Department/Operations Division (Division) has used a work management software system since 1986 to track the work production of most of the maintenance divisions, which is not Y2k compliant, is not Windows-based, and has limited capabilities and needs to be expanded to account for the City's growth; and, Whereas, the WMS system needs to be expanded to add infrastructure module applications (IMA) to better manage the City's assets and to provide a link to the City's Geographic Information System (GIS) to visually show areas where work has been completed or has been planned; and Whereas, the Division proposes to purchase a wastewater (sewer) module, as a first step, to provide information on pipes, access points, and services, which will be tied into the GIS and the WMS, since the GIS currently has sewer pipe and access point layers; and, Wmsagmtstantec.doc 4/23/02 Page 1 J {; q , . Whereas, the Division proposes to purchase a storm drain module to better manage the City's storm drain system maintenance of pipes, manholes, inlets, outlets, channels, and detention/desiltation basins, and provide a link to the_GIS to visually show areas where work has been completed or planned. Whereas, the Division proposes to purchase a right-of-way module to better manage the City's infrastructure including traffic legends, pavement markings, street trees (any plant material), street lights, medians, sign supports, signs, traffic signals, and guard rails, and provide a link to the GIS to visually show areas where work has been completed or planned. Whereas, the Division proposes to purchase a Datria hardware and software package that will allow the City to collect data utilizing the voice-to-data coupled with GPS technology. Whereas, the Division proposes to purchase a Crystal Interface Utility Program to link the City's WMA & IMA to the City's Crystal Report Writer for the generation of custom reports, from within the WMA & IMA Software. Whereas, the Division proposes to purchase a closed circuit television (CCTV) module which will store data from the Pearpoint 'flexidata' system for the purpose of confirming the substantive completion of construction, maintenance, or repair work and evaluate the present condition of the underground pipe network and to provide a link to the GIS, through the IMA sanitary pipe forms, to visually show areas where work has been completed or planned. Whereas, the Division proposes to purchase a two-way interface to move data between the IMA and the Pearpoint 'flexidata' database that will ensure that the IMA CCTV module contains current pipe observation data and will also provide the ability to load pipe inventory and attribute data from the IMA to the Pearpoint 'flexidata' system. Whereas, the Division proposes to purchase a Map Objects Spatial Processor to automate the spatial operation tasks and process data collected in the field spatially that can be delivered to DTS processing. This tool will be a stand-alone Windows executable application, using ESRI's Map Objects. Whereas, the Division proposes to purchase a storm drain interface that will allow storm drain data such as pipes, Wmsagmtstantec.doc 4/23/02 Page 2 11-10 , . manholes, inlets, outlets, channels, and detention/desiltation basins to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the storm network in the IMA. Whereas, the Division proposes to purchase a wastewater (sewer) interface that will allow sanitary sewer data to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the sanitary sewer network in the IMA. Whereas, the Division proposes to purchase a support and sign interface to import field data collected (support and sign data) into the IMA database. Whereas, the Division proposes to purchase a roads module to store the data (road section) contained in the City's pavement management system to the IMA. The IMA will maintain data found in the pavement management system such as, the geometry (curb, gutter, and shoulder types), traffic (functional class, traffic counts, etc.) structural (layer types, thickness, and EGT's) and performance data (condition indexes such as overall condition, surface distress, ride condition, structural adequacy, etc.). Each road section will display to the pavement inventory, attribute, and condition data imported by the road module interface. Whereas, the Division proposes to purchase a roads module interface that will allow importing of the IMS pavement management system (PMS) data (as exported to the City's GIS) into the IMA database which will allow pavement data to be uploaded and allow for future additions, modifications, deletions, etc. to IMA pavement data. The source data must correspond to existing fields in the appropriate IMA forms. Whereas, the Division proposes to purchase an IIMS street (name) interface that will allow importing of the GIS street (name, city) data from GIS into the IMA and allow for future additions, modifications, deletions, etc. to the IIMS database. Whereas, the Division proposes to purchase an IIMS section (GIS) interface that will allow importing of the GIS section (id, on, from and to street names) data from GIS into the IIMS database (section table) which will allow street data to be uploaded from GIS to IMA and allow for future additions, modifications, deletions, etc. to IIMS section data. In Wmsagmtstantec.doc 4/23/02 Page 3 11-1/ · . addition, provide the spatial processing to build the section table using Map Objects based road sectioning to assign the on, from and to street names using the valid and current IIMS street table and maintain the IIMS section table. Whereas, Stantec Consulting, Inc. (Consultant), who supplied the original WMS (under a different company name), is uniquely qualified to provide this update since it is their system that is being expanded and upgraded; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work Wmsagmtstantec.doc 4/23/02 Page 4 If - I !:). · . City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, 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. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any Wmsagmtstantec.doc 4/23/02 Page 5 /1-13 '.. " policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage (1) Certificates of Insurance Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further Wmsagmtstantec.doc 4/23/02 Page 6 II-ILl · . understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administratiòn of this agreement. 4 . Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- Wmsagmtstantec.doc 4/23/02 Page 7 ) I-iS · . formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and' will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Wmsagmtstantec.doc 4/23/02 Page 8 / I - J& · . Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Wmsagmtstantec.doc 4/23/02 Page 9 //;/1 · . Consultant agrees that consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the negligent conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the negligence or willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Wmsagmtstantec.doc 4/23/02 Page 10 / /-1 t · . satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator acting reasonably determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same, without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants". 12. Ownership, Publication, Reproduction and Use of Material Wmsagmtstantec.doc 4/23/02 Page 11 / / -!q · . All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City with the exception of software and software documentation. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. The Consultant agrees that the City hereby receives a royalty- free, non-exclusive and irrevocable right to use for internal purposes, the software and the software documentation to be provided under this Agreement. The City agrees it will not reproduce or circulate beyond its own organization, either verbally or by written work, information pertaining to the working components of the software and the documentation, either in part or in full, without the written consent of the Contractor. A separate software licensing agreement, providing for the use and ownership of the software and software documentation, is per the attached Exhibit "DU. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, Wmsagmtstantec.doc 4/23/02 Page 12 II -;)0 . . . . and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Wmsagmtstantec.doc 4/23/02 Page 13 11-;)1 . . . . B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Wmsagmtstantec.doc 4/23/02 Page 14 II-~~ . , . . arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. IS. GENERAL PROVISIONS A. Neither party shall be held responsible for any delay in performance hereunder arising out of causes beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, strikes, embargoes, acts of God, inability to secure transportation facilities or other causes beyond the control of either party. B. The failure of either party to Agreement in anyone or more instances to insist upon strict performance of any of the terms or provisions of this contract shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or provisions on any future occasions. If any term, provision or condition of this AGREEMENT is held to be invalid, void or unenforceable by a court of competent jurisdiction, the remainder of the AGREEMENT shall remain in full force and effect and in no way shall be affected, impaired or invalidated. C. This AGREEMENT, constitutes the entire AGREEMENT between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, and writings and no representation or statement not contained in this AGREEMENT shall be binding upon STANTEC as a warranty or otherwise. [end of page. next page is signature page.] Wmsagmtstantec.doc 4/23/02 Page 15 /J-;}'3 · . Signature Page To Second Amended & Restated Agreement between City of Chula Vista and Stantec Consulting, Inc. for the Upgrade, Expansion, and Maintenance of the Public Works Operations' Work Management Application IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2002 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Stantec Consulting, Inc. ~ -~¿ By: 0 card G. Dorwart,Vice- President Infrastructure Management ~t.~ Orv Shaw, Vice-President and COO Wmsagmtstantec.doc 4/23/02 Page 16 1/-;;1 · . Exhibit List to Agreement x Exhibit A. Terms and Conditions x Exhibit B. Acceptance Testing Plan x Exhibit C. Extended Client Support Agreement x Exhibit D. Software License Agreement x Exhibit E. Escrow Agreement Wmsagmtstantec.doc 4/23/02 /1-;).5 Page 17 . . . . Exhibit A To Second Amended & Restated Agreement between City of Chula Vista and Stantec Consulting, Inc. 1. Effective Date of Agreement: November 9, 1999 Effective Date of First Amended and Restated Agreement: March 1, 2001 Effective Date of Second amended and Restated Agreement: June 1, 2002 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Stantec Consulting, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Stantec Consulting, Inc. 8211 South 48th Street Phoenix, AZ 85044-5355 Voice Phone (602) 438-2200 Fax (602) 431-9562 7. General Duties: Wmsagmtstantec.doc 4/23/02 Page 18 / / -:J.-(p . . . . Consultant shall install an upgraded and expanded Division's work management application (WMA) for 15 concurrent users, which includes purchase, installation, implementation, data loading, and training. In addition, Consultant shall also install an infrastructure module application (IMA) for wastewater for 5 concurrent users, plus 5 additional concurrent users for wastewater, an lMA for storm drain for 10 concurrent users, an IMA for right- of-way for 10 concurrent users, install a Datria hardware and software package and install a Crystal interface utility program with 5 concurrent users which includes purchase, initiation, installation, implementation, and training, and conversion and linking of data from the City's Geographic Information System (GIS) maps files. In addition, Consultant shall also install an IMA for closed circuit television (CCTV) module for 10 concurrent users, a two-way interface between Pearpoint 'flexidata' and the IMA CCTV module, a Map Objects spatial processor, an interface for storm drain module, an interface for wastewater (sanitary sewer) module, an interface for field data collected (support and sign), a roads module for 10 concurrent users, an interface for roads module to link IMS pavement management system data from the GIS, an IIMS street (name) interface, an IIMS GIS section interface, and provide additional interface for right-of-way data. In addition, Consultant shall provide free maintenance for a period of six months after the acceptance testing of each module, per Exhibit "B", for both the WMA and IMA. 8. Scope of Work and Schedule: A. Detailed Scope of Work: i. Provide an upgraded and expanded Work Management Application (WMA) that is Y-2k compliant, and Windows- based, and that can be linked to the City's Geographic Information System (GIS). The WMS will track work production, service requests, backlogs of work, types of work performed, hours spent per job and per person, costs per job for labor, materials, and equipment, and locations of work, for example. Work will be tracked for the City's Street Maintenance, Street Tree Maintenance, Street Striping and Signing, Wastewater Maintenance, Pump Station Maintenance, and Park Maintenance crews. Wmsagmtstantec.doc 4/23/02 Page 19 / /-;) 1 . . . . See attached letter dated November 9, 1999 regarding Work Management Application (WMA) - Project Work Plan ii. Provide a Wastewater Infrastructure Management Application (IMA) to better manage the City's sewer system maintenance and provide a link to the GIS to visually show areas where work has been completed or planned. The IMA will link to the WMS and GIS. See attached letter dated February 11, 1999 regarding Sanitary Sewer Infrastructure Management Application (IMA) - Project Work Plan. iii. Provide a Storm Drain IMA to better manage the City's storm drain system maintenance of pipes, manholes, inlets, outlets, channels, and detention/desiltation basins, and provide a link to the GIS to visually show areas where work has been completed or planned.__The Storm Drain IMA will link to the WMA and GIS. iv. Provide a Right-of-Way IMA to better manage the City's infrastructure including traffic legends, pavement markings, street trees (any plant material), street lights, medians, sign supports, signs, traffic signals, and guard rails, and provide a link to the GIS to visually show areas where work has been completed or planned. The Right-of-Way IMA will link to the WMA and GIS. v. Provide a Datria hardware and software package that will allow the City to collect data utilizing the voice-to-data coupled with GPS technology. The Datria hardware and software package will provide an output file suitable for loading into the WMA and GIS. vi. Provide a Crystal Interface Utility Program to link the City's WMA & IMA to the City's Crystal Report Writer for the generation of custom reports, from within the WMA & IMA Software. Vll. Provided a closed circuit television (CCTV) module which will store data from the Pearpoint 'flexidata' system for the purpose of confirming the substantive completion of construction, maintenance, or repair work and evaluate the present condition of the underground Wmsagmtstantec.doc 4/23/02 Page 20 / I ~ ;;;.'j · . pipe network and provide a link to the GIS to visually show areas where work has been completed or planned. viii. Provide a two-way interface to move data between the IMA and the Pearpoint 'flexidata' database that will ensure that the IMA CCTV module contains current pipe observation data and will also provide the ability to load pipe inventory and attribute data from the IMA to the Pearpoint 'flexidata' system. ix. Provide a Map Objects Spatial Processor to automate the spatial operation tasks and process data collected in the field spatially that can be delivered to DTS processing. This tool will be a stand-alone Windows executable application, using ESRI's Map Objects. x. Provide a storm drain interface that will allow storm drain data such as manholes, inlets, outlets, channels, and detention/desiltation basins to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the storm network in the IMA. xi. Provide a wastewater (sanitary sewer) interface that will allow sanitary sewer data to be uploaded from the GIS into the IMA and allow for future additions, modifications, deletions, etc. to the sanitary sewer network in the IMA. Xll. Provide a support and sign interface to import field data collected (support and sign data) into the IMA database. xiii. Provide a roads module to store the data (road section) contained in the City's pavement management system to the IMA. The IMA will maintain data found in the pavement management system such as, the geometry (curb, gutter, and shoulder types), traffic (functional class, traffic counts, etc.) structural (layer types, thickness, and EGT's) and performance data (condition indexes such as overall condition, surface distress, ride condition, structural adequacy, etc.). Each road section will display to the pavement inventory, attribute, and condition data imported by the road module interface. Wmsagmtstantec.doc 4/23/02 Page 21 I j;;;;'Cj · . " . xiv. Provide a roads module interface that will allow importing of the IMS pavement management system (PMS) data as exported to the City's GIS) into the IMA database which will allow pavement data to be uploaded and allow for future additions, modifications, deletions, etc. to IMA pavement data. The source data must correspond to existing fields in the appropriate IMA forms. xv. Provide an IIMS street (name) interface that will allow importing of the GIS street (name, city) data from GIS into the IMA and allow for future additions, modifications, deletions, etc. to the IIMS database. xvi. Provide an IIMS section (GIS) interface that will allow importing of the GIS section'. (id, on, from and to street names) data from GIS into the IIMS database (section table) which will allow street data to be uploaded from GIS to IMA and allow for future additions, modifications, deletions, etc. to IIMS section data. In addition, provide the spatial processing to build the section table using Map Objects based road sectioning to assign the on, from and to street names using the valid and current IIMS street table and maintain the IIMS section table. B. Date for Commencement of Consultant Services: ( x ) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: WMA System Software License purchase- 15 concurrent seats January 1, 2000 Deliverable No.2: Installation and Implementation of WMA March 1, 2000 Deliverable No.3: Validated Data Loading for WMA March 1, 2000 Deliverable No.4: Training for WMA -Work Process Session Design-3 days -System Administrators-3 days -Work Order Users-10 days -Train the Trainer-5 days March 1, 2000 Wmsagmtstantec.doc 4/23/02 Page 22 / / - 30 · . Deliverable NO.5: IMA Software License Purchase Basic Package - 5 concurrent seats May 1, 2000 Deliverable No.6: IMA Project Initiation November 1, 2000 Deliverable No.7: IMA Installation December 1, 2000 Deliverable No.8: IMA Implementation March 23, 2001 Deliverable No.9: IMA Training March 23, 2001 Deliverable No. 10: Creation of Sanitary Sewer database in IMA frpm GIS and linking data March 23, 2001 Deliverable No. 11: IMA (Sewer) - 5 additional seats March 23, 2001 Deliverable No. 12: Storm Drain Module Basic Package - 5 concurrent seats 60 days from effective date of First Amended and Restated Agreement Deliverable No. 13. 5 additional seats (Storm Drain) 60 days from effective date of First Amended and Restated Agreement Deliverable No. 14. Project Initiation (Storm Drain) 60 days from effective date of First Amended and Restated Agreement Deliverable No. 15. Installation (Storm Drain) 60 days from effective date of First Amended and Restated Agreement Deliverable No. 16. Implementation (Storm Drain) 90 days from effective date of First Amended and Restated Agreement Deliverable No. 17. Training (Storm Drain) 90 days from effective date of First Amended and Restated Agreement Wmsagmtstantec.doc 4/23/02 Page 23 //-3/ · . Deliverable No. 18. Right-of-Way Module Basic Package- S concurrent seats 120 days from effective date of First Amended and Restated Agreement Deliverable No. 19. 5 additional seats (Right-of-Way) 120 days from effective date of First Amended and Restated Agreement Deliverable No. 20. Project Initiation (Right-of-Way) 120 days from effective date of First Amended and Restated Agreement Deliverable No. 21. Installation (Right-of-Way) 120 days from effective date of First Amended and Restated Agreement, Deliverable No. 22. Implementation (Right-of-Way) 150 days from effective date of First Amended and Restated Agreement Deliverable No. 23. Training (Right-of-Way) 180 days from effective date of First Amended and Restated Agreement Deliverable No. 24. (3) VoCarta Field Unit 60 days from effective date of First Amended and Restated Agreement Deliverable No. 25. (3) - Receivers, antennas, receiver & antenna cables 60 days from effective date of First Amended and Restated Agreement Deliverable No. 26. (3) - Portable Power (batteries, cables, charger) 60 days from effective date of First Amended and Restated Agreement Deliverable No. 27. VoCab Builder Software 60 days from effective date of First Amended and Restated Agreement Deliverable No. 28. VOCab License Wmsagmtstantec.doc 4/23/02 Page 24 / 1- 3~ 60 days from effective date of First Amended and Restated Agreement Deliverable No. 29. Integration, Testing, Installation & Training (Datria hardware/software) 90 days from effective date of First Amended and Restated Agreement Deliverable No. 30. VoCab Builder Training 90 days from effective date of First Amended and Restated Agreement Deliverable No. 31. Professional Services to customize VoCab 90 days from effective date of First Amended and Restated Agreement Deliverable No. 32. Software/hardware maintenance (Datria) 90 days from effective date of First Amended and Restated Agreement Deliverable No. 33. WMA/Crystal Interface Utility Basic Program with 5 seats 30 days from effective date of First Amended and Restated Agreement Deliverable No. 34. Basic Report Creation (Crystal) - not to exceed 3 reports 30 days from effective date of First Amended and Restated Agreement Deliverable No. 35. Extended Client Support 12 months for Crystal Interface Utility Program 12 months from date of City acceptance Deliverable No. 36. Additional 9 IMA ROW forms 30 days from effective date of Second Amended and Restated Agreement Deliverable No. 37. 10 additional IMA concurrent seats 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 38. CCTV module Basic Package - 5 concurrent seats Wmsagmtstantec.doc 4/23/02 Page 25 I 1- 33 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 39. 5 additional seats(CCTV) 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 40. Software Initiation and Training (CCTV) 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 41. Load Default Data Tables (CCTV) 120 days from effective date of Second Amended and Restated Agreement Del i verable No. 42,.. User Training Review - 1 day (CCTV) 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 43. Acceptance Training (CCTV) 180 days from effective date of Second Amended and Restated Agreement Deliverable No. 44. Conversion to Live Database (CCTV) 180 days from effective date of Second Amended and Restated Agreement Deliverable No. 45. Pearpoint CCTV interface, install, and training 180 days from effective date of Second Amended and Restated Agreement Deliverable No. 46. Map Objects Spatial Processor 180 days from effective date of Second Amended and Restated Agreement Deliverable No. 47. Training for Map Objects Spatial Processor -1 day 180 days from effective date of Second Amended and Restated Agreement Deliverable No. 48. Creation of storm water drainage database in IMA from GIS and linking data to WMA Wmsagmtstantec.doc 4/23/02 Page 26 /1-3'1 · 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 49. Create an interface that will allow the City to update storm water drainage data from GIS to the IMA. 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 50. Training for storm water interface - 1 day 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 51. Create a wastewater (sanitary sewer) interface 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 52. Training for wastewater (sanitary sewer) interface 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 53. Create an interface that will import field (support and sign) data collected into the IMA database. 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 54. Training for field (support and sign) interface - 1 day 90 days from effective date of Second Amended and Restated Agreement Deliverable No. 55. Provide a roads module to link the data (road section) contained in the City's pavement management system to the IMA. 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 56. 5 additional seats for roads module 120 days from effective date of Second Amended and Restated Agreement Wmsagmtstantec.doc 4/23/02 Page 27 /1-35 · ,. Deliverable No. 57. Training for roads module - 2 days (determine requirements and training) 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 58. Create a roads module interface that will allow importing of the IMS pavement management system (PMS) data into the IMA database (including install and training) . 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 59. Create a GIS street (name) interface that will allow importing of the GIS street (name, city) data from GIS into the IMA. 120 days from effective date of Second Amended and Restated Agreement'. Deliverable No. 60. Training for street (name) interface - 1 day 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 61. Create an IIMS GIS section interface that will allow importing of the GIS section (id, on, from and to street names) data from GIS into the 11M database (section table). In addition, provide the spatial processing to build the section table using Map Objects based road sectioning to assign the on, from and to street names using the valid and current IIMS street table and maintain the IIMS section table. 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 62. Training for IIMS GIS section interface - 1 day 120 days from effective date of Second Amended and Restated Agreement Deliverable No. 63. Create an additional interface and provide City staff with training to develop interfaces for items within right-of-way such as street lights, street trees, medians, traffic signals, etc. 240 days from effective date of Second Amended and Restated Agreement Wmsagmtstantec.doc 4/23/02 Page 28 JI-3~ " ". D. Date for completion of all Consultant services: Upon final acceptance by the City of these deliverables, at which time maintenance will be triggered. Dates may be extended in the City's sole discretion. 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: Street Centerline GIS file, Public Works Operations Materials information and costs, Public Works Operations Equipment information and costs, Public Works Operations Labor information (names, titles, divisions, hourly rates) , List of City parks and landscaped medians, Sanitary Sewer Pipe GIS file, Sanitary Sewer Manhole GIS file 11. Compensation: A. (x) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. WMA System Software License purchase-15 concurrent Seats $34,500 2. Installation and Implementation of WMA $15,480 Wmsagmtstantec.doc 4/23/02 Page 29 / /-37 3. Validated Data Loading for WMA $7,600 4. Training for WMA $14,640 -Work Process Session Design -System Administrators Work Order Users Train the Trainer sub-Total (WMS) $72,220 5. IMA Software License Purchase Basic Package-5 concurrent seats $14,700 6. IMA Project Initiation $4,040 7. IMA Installation $19,980 8. IMA Implementation $20,700 9. IMA Training $18,580 Sub-Total (6-9) $63,300 10. Creation of Sanitary Sewer database in IMA from GIS and linking data $S5,000 allowance Total (1-10) $205,220 11. IMA - 5 additional seats $2,700 12. Storm Drain Module (SD) Basic package-S concurrent seats $8,370 13. S additional seats (SD) $2,700 14. Project Initiation (SD) $4,040 15. Installation (SD) $17,982 16. Implementation (SD) $20,700 17. Training (SD) $18,580 Wmsagmtstantec.doc 4/23/02 11-31{ Page 30 Sub-Total (11-17) $75,072 18. Right-of-Way Module (ROW) Basic Package-5 concurrent seats $8,370 19. 5 additional seats (ROW) $2,700 20. Project Initiation (ROW) $4,040 21. Installation (ROW) $17,982 22. Implementation (ROW) $20,700 23. Training (ROW) $18,580 Sub-Total (18-23) $72',372 Datria Hardware/Software Package (24-32) 24. Field Unit (3) $50,553 25. (3) - Receivers, antennas, $13,950 receiver & antenna cables 26. (3) - Portable Power $900 (batteries, cables, charger) 27. VOCab Builder Software $5,995 28. VoCab License $3,000 29. Integration, Testing, $10,000 Installation & Training (Datria hardware and software) 30. VoCab Builder Training $3,000 31. Professional Services $3,000 to customize VOCab 32. Software/hardware $13,392 maintenance (Datria) Sub-total (24-32) $103,790 33. WMA/Crystal Interface Utility $3,700 Wmsagmtstantec.doc 4/23/02 Page 31 //-39 Basic Program with 5 seats 34. Basic Report Creation Crystal ($1,000 each) $3,000 35. Extended Client Support 12 months for Crystal Interface Utility Program $660 36. Additional 9 lMA ROW forms $6,756 Sub-total (33-36) $14,116 Total First Amendment (11-36) 37. 10 additional IMA concurrent seats $265,350 $6,000 38. CCTV module Basic Package - 5 concurrent seats $5,500 39. 5 additional seats (CCTV) $3,000 40. CCTV software installation & training (2 day training) $4,300 41. Load Default Data Tables (CCTV) $3,400 42. User Training Review (1 day) (CCTV) $1,900 43. Acceptance Training (1 day) (CCTV) $1,900 44. Conversion to Live Database (CCTV) $2,820 Sub-total (37-44) $28,820 45. Create Pearpoint CCTV interface (including install & training) $15,500 46. Map Objects Spatial Processor $10,000 47. Training for Map Objects Spatial Processor - 1 day $2,600 Sub-total (45-47) $28,100 48. Creation of storm water $10,000 allowance Wmsagmtstantec.doc 4/23/02 Page 32 1/- 'I-{) , . drainage database in IMA from GIS and linking data 49. Create an interface to update storm water drainage data; a. manholes b. inlets c. outlets d. channels e. detention/desiltation basin 50. Training for storm drain interface - 1 day Sub-total (48-50) 51. Create an interface for wastewater (sanitary sewer) module 52. Training for wastewater (sanitary sewer) interface - 1 day 53. Create an interface to import field (support and sign) data 54. Training for field (support and sign) interface - 1 day Sub-total (51-54) 55. Roads module - 5 concurrent users (training included in fee) 56. 5 additional seats (Road) $9,500 $2,720 $2,720 $2,720 $2,720 $2,720 $2,600 $35,700 $9,500 $2,600 $9,500 $2,600 $24,200 $12,900 $3,000 $4,200 57. Training for roads module interface - 2 days (1 day to determine requirements) 58. Create an interface for roads module Sub-total (55-58) 59. Create an interface for GIS street (name, city) data to import Wmsagmtstantec.doc 4/23/02 / ! - '1-1 $9,500 $29,600 $7,720 Page 33 from GIS into the IMA 60. Training for street (name) interface - 1 day $2,600 61. Create an interface for GIS IIMS section id, on, from and to street names) data from GIS into the IIMS database a. Provide GIS spatial processing $7,720 $4,500 62. Training for GIS section interface - 1 day $2,600 63. Create additional interfaces and provide City staff with training to develop interfaces f9r items within right-of-way such as street lights, street trees, medians, traffic signals, etc. $12,920 Sub-total (59-63) $38,060 Total Second Amendment (37-63) Contract Total $184,480 $655,050 Extended Client Support (ECS) Service: Year 1 Included (one year following acceptance by the City) Year 2 18% of value of software ($54,200) ~ $9,756 Year 3 18% of value of software ($109,600) = $19,728 Year 4 18% of value of software ($109,600) ~ $19,728 Year 5 18% of value of software ($109,600 ) ~ $19,728 ECS Service Total $68,940 B. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: Wmsagmtstantec.doc 4/23/02 Page 34 I/-I.¡'~ (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. 13. Contract Administrators: City: Robert Beamon, Principal Management Analyst, 1800 Maxwell Road, Chula Vista, CA 91911 (619) 397-6048 Consultant: Jim Hallman, Manager, Program Implementation, Management Systems, Stantec Consulting, Inc., 8211 South 48th Street, Phoenix, AZ 85044, (602) 707-4608 14. Liquidated Damages Rate: Not applicable. $ per day. Other: Wmsagmtstantec.doc 4/23/02 Page 35 J 1- '13 · . 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: Based on % completion of phases B. Day of the Period for submission of Consultant's billing: Every four weeks 19. Security for Performance (x) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (x) Retention Percentage: 10% per payment/invoice Retention Release Event: (x) Completion of All Consultant Services, except for ongoing Annual Maintenance of Software Wmsagmtstantec.doc 4/23/02 Page 36 / / - LfL/ Exhibit B IIMS Acceptance Testing Plan The following paragraphs detail the process of the Acceptance Testing Program. This testing will be carried out with the live database at the completion of the implementation of the WMA and IMA modules 1. Software Provision The Integrated Infrastructure Management Software (IIMS) Version 6.4 will be provided. This includes the Work Management Application (WMA), Infrastructure Management Application (IMA) including the Sanitary Sewer, Storm Drain, Right-of-Way, Closed Circuit Television (CCTV), and Roads modules, Map Objects Spatial Processor, and interfaces for Sanitary Sewer, Storm Drain, Right-of-Way, CCTV, Roads, IIMS GIS Street (name), and IIMS GIS section. The package shall include an installation cd plus installation documentation. 2. Software Installation Stantec staff shall provide the converted WMS database and the IIMS 6.4 software application. This will be installed on Chula Vista's computer facilitiés. The application installation will include the setup of one client workstation. The City shall complete the setup of all other workstations. 3. WMA Implementation The WMA implementation phase shall demonstrate the functionality of the Work Management Application by undertaking the following acceptance test scenarios. All acceptance test scenarios will be conducted by one or more members of Chula Vista's Core Group, 3.1 Administrative SetuD All or part of the following steps should be carried out, depending on the current selup of the application. For example, if activities have already been defined then the steps do not have to be repeated in this section. The Administrative setup that is completed in this section will be referenced throughout the remainder of the test plan. 3.1.1 Users a) Define user groups including menu and function security, The security settings reflect the level of access the members of each user group will have to the application. b) Assign users to each group, c) Log in as each user and make sure that the security is functioning correctly (limiting access to menu items and functions where appropriate) d) Change the password of one user and re-Iog in using the new password. 3,1.2 Auxiliary Tables a) Populate auxiliary tables where appropriate. 3.1.3 Accounts a) Define account types. b) Define accounts for each account type. 11- L/5 c) If accounts already exist, make sure that any accounts and account types are marked as abandoned where appropriate. 3.1.4 Activities a) Define activity types. b) Define activities for each activity type including Utility and Structure designations where applicable. c) Mark appropriate activities as 'Available as Public Request', d) Define defaults and standards for each activity including priority, account, assignments and standards. Make sure that only non-abandoned accounts are available to be assigned to an activity. e) If activities already exist, make sure that any activities are marked 3.1.5 Resources - Payroll setup a) Define charge codes for labor, material, equipment and contract. b) Define reference codes for labor, equipment and contract. 3.1.6 Resources - Resource Types and Resources a) Under each resource category, define resource types. For each resource type, assign a default charge code and reference code from 3.1.5. b) Define resources for each resource type. For each resource, assign a charge code and reference code. c) Assign rates to each resource at each type, charge code, reference code combination. 3. 1. 7 Resources - Crews a) Create crew types. b) Create crews for each crew type using labor, material, equipment and contract. c) Make sure that the same resource can be assigned to more than one crew. 3.1.8 Resources - Supervisors a) Create supervisors, b) Assign resources to each supervisor. 3.1.9 Geographic References a) Define cities that will be referenced in the application. b) Define streets for each city, c) Define districts, wards, neighborhoods and zones if applicable. 3.1.10 Addresses a) Define an address that identifies an address number, street and city. If applicable, also fill in district, ward and zone. 3. 1. 11 SitelBusiness a) Define a site name. b) Link the site to the mailing address defined in 3.1.10, Make sure that the site name shows up in the Address Modify form. 3.1.12 Customer a) Define a customer. b) Link the customer to the mailing address defined in 3.1.10. Make sure that the customer name shows up in the Address Modify form. 1 1- 4~ 3.2 Service Reauests The following section tests the functionality of the service request module. The following steps will reference the steps followed in "Administralive Setup" to ensure that what was defined is reflected during actual operation of the module. 3.2.1 Create Public a) In the Site field, enter the first few letters of the site name defined in 3.1.11 and press Tab. Make sure that all address information is filled in automatically. b) Add a location description in the Desc. field. Use the zoom function (Ctrl-Z) to view the zoom window for the field. c) In the First Name field, enter the first name of the customer defined in 3.1.12 and press Find. Make sure that all address information is filled in automatically. d) Select an activity. Make sure that only activities marked 'Available as public request' from 3.1.4 are displayed in the list. Make sure that all defaults fill in correctly. e) If Assignment defaults were not defined for the selected activity, fill in the assignment fields with the appropriate employee name. f) Enter Request information. g) Mark the request for Call Back and enter notes in the When field. h) Without committing the request, press NEW. Make sure it asks to save changes. i) Press Yes to save the service request. Make sure it fills in the top line of the request (Id, Status, Source and Dateffime). 3.2.2 Create Internal a) In Location Information, enter the address number and street name for the address defined in 3.1.10. Make sure it validates the address. b) In the First Name field, enter the first name of an employee and press Find. Make sure it fills in the rest of the Requestor information. c) Press the activity pick list button. Make sure that it lists only non-abandoned activities. d) Press the account number pick list button. Make sure that it lists only non- abandoned accounts. e) Enter Request information. f) Commit the request. g) Press the CREATE Work Order button, Press REVIEW to review the work order. Make sure all request information is correctly transferred to the work order. 3.2.3 Manage Requests a) Find the public request created in 3.2.1 and press INVESTIGATE REQUEST. Make sure the status changes to Investigate. b) Enter field notes and mark the investigation complete. Make sure the status changes to Initiated. c) Cancel the request. Make sure the status of the request changes to Canceled, d) Un-cancel the request. Make sure the status of the request changes to Initiated. e) Create a work order from the request. Make sure the status of the request changes to Planned. f) Enter customer contact notes for the request. Mark the request as requiring another call back. g) De-link the service request from the work order. Make sure the status of the work order changes to Initiated. h) Change the status of the request back to Investigate. i) Review the event log for the request and make sure that the investigation notes, customer contact notes and all status changes are listed. 3.2.4 Enter Investigation Notes a) Make sure the public request from 3.2.3(h) is listed in the Service Request Investigation List under the correct employee assignment. 11-47 b) Enter field notes for the request and mark the investigation complete, c) Commit the field notes. Make sure the service request is removed from the Service Request Investigation list. 3.2.5 Process Call Backs a) Make sure that the public request from 3.2.3(f) is listed in the Service Request Call Back list under the correct employee assignment. b) Enter call details for the request and un-mark the Call Back Required field. c) Close the Customer Contact Log. Make sure the request is removed from the Service Request Call Back list. 3.3 Work Order The following section tests the functionality of the work order module. The following steps will reference the steps followed in "Administrative Setup" to ensure that what was defined is reflected during actual operation of the module. 3.3.1 Create Work Order a) Select an activity. Make sure that only non-abandoned activities are listed. Make sure that the defaults and Estimates automalically fill in according to how the activity was defined in 3.1 .4. b) Fill in all other Work fields. c) Select the Site name from 3,1.11. Make sure all location information automatically fills in. d) Enter Special Instructions. e) Fill in a Planned start date using the pick list button. Fill in a Planned End date by typing in the numbers of the day and pressing Tab. Make sure it fills in the current month and current year. f) Commit the work order. Make sure that id#, Status, Approved By and Initiated date are filled in. 3.3.2 Assign Resources a) Press ASSIGN RESOURCES to open the Resources Assignment form. b) Press ADD RESOURCE TYPE to assign resource types to the work order. c) Change the Assigned To field to the name of a supervisor you created in 3.1.8. Click on each assigned resource type and make sure that the resources that are listed are only those assigned to that supervisor. d) Assign the individual resources to the work order for each resource type using the pick list button or by double-clinking on the resource. e) Close the Resource Assignments form. f) Go back into the Assign Resources form and make sure that all resources are still there. DE_ASSIGN all resources. g) Assign a crew from 3.1.7 to the work order. h) Press SCHEDULE RESOURCE to open the Resource Scheduling form. i) Schedule the assigned resources for the current day, j) Close back to the work order. Make sure that the Scheduled Start and End Dates are correct on the work order. 3.3.3 Manage Work Orders a) Under Admin - System Audit, make all events active. b) Cancel the work order. Make sure the status of the work order changes to Canceled. c) Un-cancel the work order, Make sure the work order changes back to Scheduled. d) Suspend the work order. Make sure the work order changes to a status of Suspended. e) Un-suspend the work order. Make sure the status of the work order changes back to Scheduled. / /- '-/- ~ f) Create a follow-up work order, Make sure that Work Order Links shows the link between the two work orders, g) Look at work order history and make sure that all status changes are displayed. 3.4 Data Entrv The following section tests the functionality of the data entry module. Timesheets should be entered to represent a series of days, spanning over several months. For example, timesheets should be entered with dates from one year ago through to the current date. This will provide monthly and yearly summaries. 3.4.1 Productive by Work Order a) Enter the work order number created in 3.3.1. b) Enter the current date. Make sure that the resources scheduled in 3.3.2 show up in the list of resources. c) Enter a usage for each resource, Look in Modify Entry - Cost Details to make sure that the correct rate is being used for the resource, as set up in 3.1.6. d) Commit the timesheet changes. e) Repeat these steps for several day's worth of entry for several work orders, using a variety of resources and rate combinations. f) Run a Batch Update. 3.4.2 Productive by Resource. a) Enter a resource id that was created in 3.1.6. b) Enter the current date. c) Enter the work order number created in 3.3.1, d) Enter a usage for the work order. e) Commit the timesheet changes. f) Repeat these steps for several day's worth of entry for several work orders, using a variety of resources and rate combinations. g) Run a Batch Update 3.4.3 De-assigning Resources a) Modify the work order from 3.3.1 and de-assign the resources that were assigned to the work order, b) Go back into Data Entry - Productive by Work Order and pull up same work order for the current day. Make sure the resources are still entered for that day. 3.5 Plannina The following section tests the functionality of the planning module. It focuses specifically on Project Management ànd Expenditure Summaries. In order to completely test the expenditure summaries, the timesheet entry steps in 3.4.1 and 3.4.2 should be repeated several times to create a good data sample. 3.5.1 Create Project a) Select an employee for the Assigned To field and an account for the Account field, Make sure that only non-abandoned accounts are available to be assigned to the event.. b) Give the project a description. Use the zoom function (Ctrl-Z) to open the zoom window for the Desc. field. c) Commit the project. Make sure that Id and Status are filled in. d) Press PROJECT DETAILS and enter a detailed description on the project. e) Press ADD WORK ORDER to create a work order associated with the project. Make sure that the application prompts you to replace the project account number if the work order activity has a default account number. /1- '-1-9 f) Close the Create Project form. g) Modify the work order from 3.3.1 and link the work order to the project created above. h) Review the project and make sure that the work order shows up. 3.5.2 Manage Projects a) Using Work Order Management, change the status of the work orders associated with the project (I.e. cancel, schedule, suspend, complete). Make sure that the status of the project is correct. The status of the project should follow the lowest status of the work orders (4 of the work orders are completed and one is active, the project should be active). b) Following the steps in 3.4, enter timesheet data for the work orders in 3.5.2. c) After Batch Update Processing, review the PROJECT COSTS to make sure that the numbers are adding up correctly. 3.5.3 Expenditure Summaries a) In Monthly Activity Expenditure, select January of the current year. b) Select the activity type for the activity used on the work order created in 3.3.1. c) Press BREAKDOWN to show the resource category breakdown for the activity type. Make sure the Totals fields are adding correctly and that the Month Total and Year to Date numbers are the same (since it is the first month). d) Close the Breakdown form and press COST DETAILS to show the activities. e) Select the activity for the work order created in 3.3.1 . f) Press BREAKDOWN to show the resource category breakdown for the activity. Make sure the Totals fields are adding correctly and that the Month Total and Year 10 Date numbers are the same (since it is the first month). g) Also make sure that the unit costs are calculating correctly as the Total divided by Actual Production. h) Close the Breakdown form and press DETAILED CHARGES to show the timesheet entries for the activity. Make sure the month totals are adding correctly. i) Repeat these steps for each of the months, making sure that the year to date values are adding correctly each month. Repeat the above steps for Monthly Account Expenditure and Monthly Resource Expenditure, j) In YTD Activity Expenditure, select the current year. k) Select the activity type for the activity used on the work order created in 3.3,1. I) Press BREAKDOWN to show the resource category breakdown for the activity type. Make sure the Totals are adding correctly for each resource category, m) Close the Breakdown form and press MONTHLY TREND to show the monthly breakdown for the activity type. Make sure the totals are adding correctly for each category and for each month. n) Close the Monthly Trend form and press COST DETAILS to show the activities. 0) Press BREAKDOWN to show the resource category breakdown for the activity. Make sure the Totals are adding correctly for each resource category. p) Close the Breakdown form and press MONTHLY TREND to show the monthly breakdown for the activity. Make sure the totals are adding correctly for each category and for each month. Repeat the above steps for the previous year and for YTD Account Expenditure and YTD Resource Expenditure. 11- SO 4. IMA Implementation The IMA implementation phase shall demonstrate the functionality of the Infrastructure Management Application by undertaking the following acceptance test scenarios. All acceptance test scenarios will be conducted by one or more members of Chula Vista's Core Group. The following criteria applies to all installed IMA modules as listed on the current SLA, attached as Exhibit D. 4.1 Administrative SetuD All or part of the following steps should be carried out, depending on the current setup of the application. For example, if structures have already been defined then the steps do not have to be repeated in this section, The Administrative setup that is completed in this section will be referenced throughout the remainder of the test plan. 4.1.1 Attribute Codes a) For each applicable code type, define at least two codes. These codes will be used in the structure attribute forms. 4.2 Network Definition The following section tests the functionality of the Network definition module, This module allows you to define global sections that will be referenced by each struclure. In order for this module to be tested, streets must already be defined (section 3,1,9). 4.2.1 Sections a) Add a new section with a unique section id. Select a Street, From Street and To Street for the section. b) Add a second section with the same id as the previously defined section. Make sure that it displays the previously defined section. 4.3 Structures The following section tests the functionality of the Structure module. This will test the creation of new structures, assigning structure attributes and linking structures. The steps for testing this module will reference the steps followed in "Administrative Setup" and "Network Definition" to ensure that what was defined is reflected during actual operation of the module. 4.3.1 Add New Structures a) In the New Structure Definition form, define two new structures for each applicable structure type (I.e. sanitary pipe, manhole and service within the Sanitary utility). For each structure, fill in a production value and location information, including a Global Section Number defined in 4,2.1, b) Use the Structure Attributes button to open the attribute form the structure type. Fill in all appropriate attributes for the structure. Make sure the pick lists are displaying the codes defined in 4.1.1. c) After creating one structure for a structure type, use the New button to create the second structure of the same structure type, Make sure that only the Structure Id field is cleared for the new structure. 4.3.2 Access Structure Data a) Using the Structure Management form, use the search filter to locate the structures created in 4.3.1. /1-5/ b) Press the Attributes button to display the attributes. Make sure that all attributes added in 4.3.1 are displayed. Make sure that the attributes cannot be modified while the form is not in Edit Mode. Turn Edit Mode on and make sure that the attributes can be modified. c) From the Structure Management form, press the Location button to display the structure location information. Make sure that all location information defined in 4.3.1 is displayed. Make sure that none of the data can be modified. d) From the Structure Management form, click in the Edit Mode toggle field then press the Location button. Make sure that the location information can now be modified. 4.3.3 Define Structure Groups a) Create a structure group for each structure type from 4.3.1. Attach structures created in 4.3.1 to the group. Make sure that the Sum shows the sum of the production values for the structures and that the Number shows the correct number of structures in the group. 4.4 Linkina Structures The following section tests the linking capabilities of the application. Using the structures created in section 4.3, relationships will be defined between primary and secondary structures. 4.4. 1 Links a) From the Structure Management form, select a primary structure (I.e. sanitary pipe), click in the Edit Mode toggle field the press the Links button. b) Add a secondary structure type (I.e. sanitary manhole) and structure id from 4.3.1. c) Close the Structure Linkage Edit form, turn off the Edit Mode toggle and press the Links button to review the linked structures. Make sure the secondary structures added above are displayed. d) From the Structure Management form, select the secondary structure from 4.4.1(b) and press the Links button, Make sure the primary structure from 4.4,1 (a) is displayed, 4.4.2 Global Sections a) Under the Network menu, select a section defined in 4.2.1 and press Related Structures. Make sure that all structures associated with the global section in 4.3.1 (a) are displayed. Following successful completion of the Acceptance Test for the Work Management Application and Infrastructure Management Application as described above, Chula Vista shall accept the IIMS software, The Work Management Application and Infrastructure Management Application including all modules as listed in the SLA attached as Exhibit D.should be working to the City's satisfaction for 30 working days and then the City will accept the software. Stantec will replace or fix any part of these applications during the 12 months following the acceptance, all in accordance to the other articles of this agreement and its attachments //-$;)- STANTEC CONSULTING INC. Lisa Clarke Program Manager, Management Systems Iclarke@stantec.com c, 1:lcalifornialchula-vistaI832-256-01 wma projectladminlagreements 08-08-00Iacceptestantecrev1.doc II ~ 53 , " Exhibit C EXTENDED CLIENT SUPPORT AGREEMENT Whereas, Consultant and City have entered into an agreement for the upgrade. expansion, and maintenance of the Public Works Operations' Work Management System ("Agreement"); and WHEREAS, the CLIENT has acquired a License to use certain computer programs, as designated in this agreement, owned or re-marketed by STANTEC; and WHEREAS, the CLIENT is desirous of obtaining support services for the software; and WHEREAS, STANTEC is willing to provide support services under this Extended Client Support Agreement "ECS"); NOW THEREFORE, in consideration of the mutual agreements contained herein, STANTEC agrees to provide and the CLIENT agrees to accept and pay for support services as follows: A. TERM Stantec shall provide extended client support for an initial one year term following acceptance by the City. Years 2 through 5 shall be at fee specified in Exhibit A. This ECS may be renewed at City's option after Year 5 per Exhibit A, Section 11 of the Agreement by City's written acknowledgment of letter from Consultant requesting City's interest in renewal of ECS, and upon mutual agreement as to term and maintenance dollar amount. B. SCOPE Subject to the terms of this Agreement, STANTEC will provide the CLIENT with software upgrades, related documentation updates and telephone support as described herein, The CLIENT shall pay to STANTEC a fee for ECS support_as described in Exhibit "A", Section 11 of the Agreement. The services provided hereunder apply only to ST ANTEC software programs licensed for use by the CLIENT as described in Exhibit "A". The Software License Agreement for all products supported by this Agreement must be in effect without default on the part of any party prior to the signing of this Agreement. C. DEFINITIONS 1, Software Upgrades - Software upgrades encompass new capabilities/features that serve to improve software performance, or to enhance any function currently supported by STANTEC software together with related documentation updates. 2. Telephone Support - Telephone support is the provIsion of technical consuitation, including: remote installation assistance; assistance in the use of STANTEC software products; and, remote assistance in error isolation and correction. Telephone support only applies to STANTEC software programs licensed for use by the CLIENT. D. SOFTWARE SUPPORT SERVICES 1, Under this Agreement, the CLIENT will receive during Ihe MAINTENANCE PERIOD software upgrades and associated documentation updates to ST ANTEC software programs which were licensed for use by the CLIENT. The costs of shipping and handling of software upgrades and associated documentation are included in the annual fee as described in Exhibit "A". 11/00 //-5t 10f5 ~ "' 2, During the "Principal Period of Support" defined in Attachment "A", attached hereto and incorporated herein by reference, ST ANTEC will provide the CLIENT support services to keep the software performing in accordance with its written specifications. If support service is requested by CLIENT to be performed outside the Principal Period of Support, such service will be provided at the applicable ST ANTEC per call rates and terms then in effect. 3. Subject to the terms of this Agreement, the CLIENT is entitled to telephone support during the MAINTENANCE PERIOD. 4. In the event problems cannot be resolved through telephone consultation, STANTEC will provide on-site assistance as mutually deemed necessary on a time and materials basis pursuant to Attachment "B" attached hereto and incorporated herein by reference. Such time and materials charges will be paid by CLIENT in addition to the annual fee described herein if problem is determined to be in the data client has edited/input. 5. Maintenance of and upgrades to custom software will be charged to the CLIENT on a time and materials basis pursuant to Attachment "B". Such charges are in addition to the amounts prescribed by Exhibit "A". STANTEC will provide the CLIENT a non-binding written estimate of the cost of custom programming and will obtain approval from the CLIENT before commencing and such work. E. EXCLUSIONS FROM STANTEC SUPPORT SERVICES Support service provided under this Agreement does not assure uninterrupted operation of the software. The following services are outside the scope of ST ANTEC support services provided hereunder and the CLIENT may incur charges, on a time and materials basis, in addition to the support fee prescribed herein, if support services are required for any of the following reasons: 1. Failure to continually provide a suitable installation environment including. but not limited to, the failure 10 provide adequate electrical power, air conditioning or humidity control, or the CLIENT's improper use, management or supervision of the equipment including, without limitation, the use of supplies, disc packs, and cartridges; 2. Any cause external to the software adversely affecting its operability or serviceability which shall include, but not be limited to fire, fiood, water, wind, lightning, and transportation, neglect or misuse; 3. System hardware failure; 4. Use of the software for purposes other than that for which it is designed; 5. Customized features made to the base software program released by STANTEC, Upon review by STANTEC, said customized features may be eligible for support at an additional fee or on a time and materials basis as mutually agreed upon by ST ANTEC and the CLIENT; 6, Alterations to the software by non ST ANTEC personnel. If persons other than ST ANTEC personnel change any support service on any software covered by this Agreement, and as a result thereof, any support service by ST ANTEC is required to restore the software to good operating, such support service will be provided at the applicable ST ANTEC rates for time and materials then in effect. F. ACCESS TO SOFTWARE 1. CLIENT will provide ST ANTEC with full and free access to the software to provide the services hereunder, within normal business hours, as defined in Attachment "A". 2. Should CLIENT have modem access or add modem access during the term of this Agreement, CLIENT will provide modem access to the computer on which the software is operating to authorized ST ANTEC support representatives for such time as is deemed necessary by 11/00 //-55 20f5 'J . STANTEC. Client's telephone modem remote access expenses will be paid by the CLIENT, These modem access expenses are in addition to the support fee described herein, G. FEES The annual support fees shall be set forth in Exhibit A of the Agreement. The total annual fees shall be due and payable upon receipt of ST ANTEC's invoice and shall be paid semi-annually in arrears. Any amount not paid within forty-five (45) business days of the date of receipt of the invoice shall bear interest at the rate of eighteen percent (18%) per annum until payment has been received by STANTEC. If CLIENT fails to make payment within forty-five (45) business days of receipt of the invoice, all extended support will be paid by CLIENT at STANTEC's then current time and materials fees. H. TERMINATION 1. STANTEC will notify the CLIENT at least 60 days in advance of the expiry of the five year Extended Client Support Services Agreement. If the CLIENT wishes to continue receiving support after that date, a new Extended Client Services Agreement and fees will be negotiated at that time. 2. Should the CLIENT elect not to renew support service on at the end of Year 5 stated in the Agreement or terminate support as provided above, and then later elect to reinstate support services, CLIENT agrees to pay STANTEC's Extended Client Support re-instatement fees, if any, as negotiated and mutually agreed upon by both parties at that time. I. DISCLAIMER· CLIENT'S RESPONSIBILITIES 1. It is the responsibility of the CLIENT to ensure that all of its files are adequately duplicated and documented, STANTEC will not be responsible for the CLIENT's failure to duplicate and document its files, or for the cost of reconstructing data stored on disc files, tapes, memories, etc., lost during the course of performance of maintenance service or hardware failure. 2. ST ANTEC is not responsible for any failure to render service due to strikes. Neither party shall be held responsible for any delay in performance hereunder arising out of causes beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, strikes, embargoes, acts of God, inability to secure transportation facilities or other causes beyond the control of either party. 11/00 //-£?> 30f5 ,)' ... Attachment A The principal period of support is 9:00 a.m. to 5:00 p.m. Pacific Standard Time Monday to Friday excluding the following observed holidays. ST ANTEC CONSULTING INC. 1999-2000 Holiday Schedule 1999 Observance January 1, 1999 May31,1999 July 5, 1999 September 6, 1999 November 25, 1999 December 24, 1999 Holiday New Year's Day Memorial Day Independence Day Labour Day Thanksgiving Day Christmas Day 11/00 2000 Observance January 3, 2000 May 29, 2000 July 4, 2000 September 4, 2000 November 23, 2000 December 25, 2000 //-5'7 40f5 '" .... Attachment B EXTENDED CLIENT SUPPORT Time and Material Fees Schedule I. Time is billed at the rate of $200.00 per hour, one (1) hour minimum. II. Material is billed for all expenses plus fifteen (15) percent, (other than time covered in Section I.), to include but not be limited to: travel; lodging; meals; communication; and consumable supplies mutually deemed necessary to provide requested CLIENT assistance. 11/00 ;;-58 50f5 ~ '" .. Exhibit D SOFTWARE LICENSE AGREEMENT TERMS AND CONDITIONS 1. SCOPE This License Agreement (hereinafter referred to as 'SLA') shall apply to the rental, lease and/or license of the proprietary computer software product(s) specified in Paragraph 1 herein. For purposes of this Agreement, the term 'PRODUCT' shall mean that specific proprietary computer software product (including programs, documentation and any subsequent updates) specified as follows: Software Name Number of Seats Work Mananement Annlication IWMA\ 25 Seats Infrastructure Manaaement Aoolication 20 Seats IMA SanitarvSewer InventarvModule 10 Seats IMA Storm Drain Inventorv Module 10 Seats IMA ROW Inventorv Module 10 Seats IMA Sunnlemental Data Module 5 Seats IMA-GIS Interface Module 25 Seats Renort Writer!Crvstallnterface Module) 25 Seats IMA Closed Circuit Television ICCTV\ Module 10 Seats IMA Roads Module 10 Seats 2. LICENSE The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold. STANTEC hereby grants to, and the CLIENT hereby accepts, subject to the terms and conditions specified herein, nontransferable and nonexclusive license to use the PRODUCT exclusively in the CLIENT's business, for the CLIENT's benefit and on CLIENT operated computing equipment. The CLIENT expressly agrees to use the PRODUCT for its own internal operations only and not to allow the PRODUCT to be re-marketed, shared, assigned or used in any manner whatsoever by any other party. The PRODUCT shall be used by the CLIENT at City of Chula Vista offices, including but not limited to, the following locations: 276 Fourth Avenue. 1800 Maxwell Road in Chula Vista This license and the PRODUCT may be shared or used concurrently on different computers as authorized to do so herein. The PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. The CLIENT assumes full responsibility for the condition and effectiveness of the operating environment in which the PRODUCT is to function. The CLIENT shall use the PRODUCT for internal purposes only. The CLIENT shall not copy or duplicate the PRODUCT without the prior written consent of STANTEC, except that the CLIENT may copy the PRODUCT once, only to ensure adequate back-up in support of the CLIENT's ¡ 1/00 / / ~ 5;9 100 , . I' .. use of the PRODUCT. The CLIENT shall not provide, transfer, assign, rent, lease, lend or otherwise make available the PRODUCT or any part or copies in any form to any third party, except as may be permitted in writing þy STANTEC. The CLIENT may not copy the printed materials accompanying the PRODUCT. 3. TITLE Title to the PRODUCT and any reproduction thereof, all property rights therein, and all materials supplied to the CLIENT under this Agreement shall remain the sole property of STANTEC. All copyright, patent, trade secret and other intellectual and proprietary rights in the PRODUCT are and remain the valuable property of ST ANTEC. 4. NON-DISCLOSURE The CLIENT understands and agrees that the PRODUCT constitutes proprietary information and trade secrets of STANTEC. The CLIENT agrees to keep confidential and to exercise its Þest efforts to prevent and protect the PRODUCT, or any part thereof, from disclosure to any person other than the CLIENT's employees having need for disclosure incident to the CLIENT's use of the PRODUCT. 5. LIMITATIONS ON REVERSE ENGINEERING. DECOMPILATION AND DISASSEMBLY Reverse engineering, decompilation or disassemþly of the PRODUCT is prohiÞited, except and only to the extent that such activity is expressly permitted Þy applicaÞle law notwithstanding this limitation, 6. YEAR 2000 COMPLIANCE Stantec warrants that the currently supported releases of the PRODUCT will: a) correctly handle date information Þefore, during and after 1 January 2000, accept date input, provide date output and perform calculations on dates, including leap year calculations; Þ) function according to the documentation, during and after 1 January 2000, without changes in operation associated with the advent of the new century; and c) store and provide output of date information in ways that are unambiguous as to century when configured and used according to the documented instructions, provided that the hardware, software, firmware, and other computing facilities used in comÞination with the PRODUCT properly exchange date and other data with the PRODUCT; and d) the currently supported releases of the Product will perform in accordance with product documentation for a period of twelve months from the date of acceptance of the Product Þy the City. Upgrade and new releases will perform in accordance with product documentation for a period of 12 months from the data of acceptance of the upgrades/new releases, Þy the City. 7. RESTRICTED USE The PRODUCT will Þe used Þy the CLIENT to process or analyze data collected within the jurisdiction of the CLIENT for the CLIENT's internal purposes and no other. The output from the PRODUCT may Þe provided to a third party who is doing design work for the CLIENT for the period of the working arrangement. Under no circumstances shall the CLIENT use the 1\/00 / I - !pO 20f3 · .... .. PRODUCTS to provide services, to any third party, related to infrastructure data, needs or evaluation analysis. 8. TERM This AGREEMENT is effective from the date of its execution by City. Said execution shall occur after Stantec has executed the Agreement. This Agreement shall remain in force until terminated by either party as provided herein, However, the terms and conditions of this AGREEMENT under Paragraphs 3 and 4 shall continue in full force and effect and shall survive the termination of this AGREEMENT and any Schedule(s) that become a part of this AGREEMENT. I/---(c;/ 300 11/00 · 'II <4' Exhibit E ESCROW AGREEMENT WHEREAS, Consultant/Licensor agrees to deposit in escrow a copy of the source code and all related documentation (hereinafter referred to as the "Source Code") for the Product; and as listed under Item 1 of Ihe Software License Agreement (SLA1, and WHEREAS, the herein parties agree that City shall be entitled to obtain possession of the Source Code and all revisions thereof under circumstances herein set forth; NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledge, the parties agree as follows: 1. Deposits The Escrow Agent agrees to obtain from the City a copy of the Source Code, as described in SLA (appended hereto and made a part hereof by this reference) and all revisions thereof, as hereinafter set forth. 2. Representations of Consultant/Licensor Consultant/Licensor hereby represents and warrants that: (a) the material described in the aforesaid SLA constitutes the Source Code and documentation for the Product licensed to County/Licensee under the aforesaid Main Agreement; (b) the Source Code delivered to the Escrow Agent is in a form suitable for reproduction by computer and/or photocopy equipment, and consists of a full source language of the program or programs comprising the Product and where available all relevant documentation, and (c) the Consultant/Licensor will promptly supplement the Source Code delivered hereunder with all revisions, corrections, enhancements or other changes so that the Source Code constitutes a human readable program for the most current release of the Product. 3. Term This Escrow Agreement shall remain in effect during the term of said Main Agreement and any Software Maintenance Contract between County/Licensee and Consultant/Licensor, Termination hereof is automatic upon delivery of the deposited Source Code to County/Licensee in accordance with the provisions hereof. Notwithstanding the foregoing the Escrow Agent may give 120 days notice of termination of this Agreement to the other parties (the date between the date of delivery of the notice and the expiration of this Agreement is herein referred to as the ''Termination Period"). If another Source Code Escrow Agreement that is substantially the same as this Agreement and that has been accepted as a replacement by the County/Licensee (which acceptance shall not be unreasonably withheld), a default shall be deemed to have occurred under paragraph 4 and this agreement shall remain in force until such time as the Escrow Agent's duties under paragraph 5 are completed. The Escrow Agent shall have no obligation to ascertain whether another Escrow Agreement has been entered into or accepted. 4. Default 07/99 /1... ~;L.- 10f3 · .. 'I j A default by Consultant/Licensor shall be deemed to have occurred under this Escrow Agreement upon the occurrence of any of the following, and upon 30 days written notice to the City: (a) if Consultant/Licensor has availed itself of, or been declared bankrupt. (b) if Consultant/Licensor has ceased its ongoing business operations, or has ceased maintenance or other support of the Software, (c) If (a) or (b) occurs, the Consultant shall inform the City in writing 30 days in advance. 5. Notice of Default County/Licensee shall give written notice to Escrow Agent and Consultant/Licensor of the occurrence of a default hereunder. Unless within thirty (30) days thereafter Consultant/Licensor files with the Escrow Agent its affidavit executed by a responsible executive office stating that no such default has occurred or that the default has been cured, then the Escrow Agent shall upon the thirty- first (31st) day deliver to County/Licensee in accordance with County/Licensee's instructions the entire Source Code with respect to the Product then being held by Escrow Agent. If such an affidavit is filed with the Escrow Agent, the Escrow Agent shall not deliver the Source Code to the County/Licensee until directed to do so by the Consultant/Licensor and County/Licensee jointly, or until ordered to do so pursuant to any court proceedings initiated by the parties of this agreement. 6. Escrow Liability Escrow Agent shall not, by reason of its execution of this Escrow Agreement, assume any responsibility of liability for any transaction between Consultant/Licenser and County/Licensee, other than the performance of its obligations, as Escrow Agent, with respect to the Source Code and held by it in accordance with this Escrow Agreement. The Escrow Agent shall not be responsibie for any act or failure to act on its part except in the case of its own willful default. The Counly/Licensee and the Consultant/Licensor jointly and severally indemnify and agree to indemnify and hold the Escrow Agent harmless from any and all losses, damages, claims, liabilities, judgements and other costs and expenses of every kind and nature which have not resulted from the Escrow Agent's own willful default and which may be incurred by Ihe Escrow Agent by reason of its acceptance of, and its performance under this Agreement, including, without limitation, legal fees either paid to retained attorneys or amounts representing the fair value of legal services rendered. 7. Confidentiality Except as provided in this Escrow Agreement and except as required by due process law, Escrow Agent agrees that it shall not divulge or disclose or otherwise make available to any third person whatsoever, or make any use whatsoever, of the Source Code, without the express prior written consent of Consultant/Licensor. 8. Assignment Neither this Escrow Agreement, nor any rights, liabilities or obligations hereunder may be assigned by any party hereunder without the prior written consent of both of the other parties. 9. Notice 07/99 J / -?3 20f3 .. .. I" Any notice or demand, which mayor must be given or made by a party hereto, under the terms of this contract or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To CONSUL TANT/LlCENSOR: Stantec Consulting Inc. 8211 S 48th Street Phoenix, Arizona 85044-5355 USA Attention: Dick Dorwart To COUNTY/LICENSEE: To ESCROW AGENT: Pavey, Law Barristers & Solicitors 19 Cambridge Street Cambridge, Ontario Canada N1 R 3R8 Attention: Brian Law Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 10. Remedies It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy of any party herein for any default in any respect by another party, but such right or remedy shall be considered to be in addition to any olher right or remedy hereunder or allowed by law, equity, or statute. 11. Compliance with Laws The laws of the State of California shall govern all questions and interpretations concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the State of California and any litigation involving the Escrow Agent the appropriate venue and jurisdiction will be those courts located within the California, Litigation courts involving Consultant/Licensor and County/Licensee will be in the appropriate court within the State of California. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. Compensation The County/Licensee agrees to pay the Consultant/Licensor the one time fee of $500.00 dollars to cover the Escrow related costs, 07/99 11-?1 3 of 3 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH CCG SYSTEMS, INC. FOR AN ADDITIONAL $40,800 FOR CONTINUED UPGRADE AND EXPANSION OF THE PUBLIC WORKS OPERATIONS' FLEET MANAGEMENT SYSTEM WHEREAS, the Operations Division proposes to expand the City's new Fleet Management System (FMS) to include fleet services for Transit by adding nine additional concurrent users; and WHEREAS, the Operations Division has used a separate Fleet Management System to track maintenance costs of the City's fleet; and WHEREAS, the software program was developed in 1978 and ran on the City's main frame computer which was phased out; and WHEREAS, the vendor who supplied, implemented and maintains the current FMS, CCG Systems, Inc., also sells and is uniquely qualified to provide additional client software that will allow fleet services for Transit to be tracked by the current system and was determined by staff to be the most cost effective and appropriate approach to meet the City's needs; and WHEREAS, because no other vendors can complete the additions and upgrades to the existing systems, staff recommends waiving, as impractical, the normal consultant selection process under Section 2.56.070 of the Chula Vista Municipal Code; and WHEREAS, the cost of the FMS for the initial phase was $86,200 and an additional $40,800 is needed for continued upgrade and expansion of the Public Works Operations' Fleet Management System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does waive the consultant selection process as impractical and approve the First Amendment to the Agreement with CCG Systems, Inc. for an additional $40,800 for continued upgrade and expansion of the Public Works Operations' Fleet Management System, a copy of which shall be kept on file in the office of the City Clerk. . BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said First Amendment on behalf of the City ofChula Vista. Presented by Approved as to form by John P. Llppllt Director of Public Works J:\attomey\reos\CCG 1st J / ~ ~~ DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dot,d o/Í4{;Z- J / ~ (p~ ·. . . DRAFT First Amended & Restated Agreement between City of Chula Vista and CCG Systems, Inc. for the Purchase, Installation, Expansion, and Maintenance of the Public Works Operations' Fleet Management System This agreement ("Agreement"), originally dated November 9, 1999 for the purposes of reference only, and now as amended and restated dated June 1, 2002 and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Whereas, a fleet management system (FMS) is an automated system for collecting and tracking maintenance costs and other data about the City's fleet; and, Whereas, the Public Works Department/Operations Division (Division) has used a fleet management software system since 1978 to track the maintenance costs of the City's fleet, which is housed on the City's mainframe computer and is being phased out, is not Y2k compliant, is not Windows-based, and has limited capabilities and needs to be replaced to account for the City's growth; and, Whereas, the City of Fremont used a formal RFQ bid process to select CCG Systems, Inc. (Consultant) and its Faster system; and, Whereas, the Division proposes to expand the fleet management software system to include fleet services for Transit. Whereas, in accordance with Chula vista Municipal Code Section 2.56.140 and Council Resolution No. 6132, the Purchasing Agent is authorized to participate in cooperative bids with other governmental agencies for the purchase of materials or services of common usage; and Whereas, Consultant warrants and represents that they experienced and staffed in a manner such that they are and prepare and deliver the services required of Consultant to are can City fmsagmtccgsystems.doc 5/23/02 Page 1 j/-iP1 .' within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. fmsagmtccgsystems.doc 5/23/02 Page 2 /I-(pg ,f E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, 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. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage (1) Certificates of Insurance Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required fmsagmtccgsystems.doc 5/23/02 Page 3 /1-~1 " In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. fmsagmtccgsystems.doc 5/23/02 page 4 /1- '70 .' 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4 . Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the fmsagmtccgsystems.doc 5/23/02 Page 5 //-'71 ,< City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a. governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FpPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries fmsagmtccgsystems.doc 5/23/02 Page 6 /1-1;;µ , . of any property which may be the subject matter of the Defined Services, ("prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. . Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the fmsagmtccgsystems.doc 5/23/02 Page 7 ;1_ '73 , . right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same, without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in fmsagmtccgsystems.doc 5/23/02 Page 8 1/-1f , . Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants". 12. OWnership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. This does not include Faster's source code and data structures. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. fmsagmtccgsystems.doc 5/23/02 Page 9 1/ - r'15 .' Upon request by City, Consultant shall meet and confer in good faith with City for the. purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. fmsagmtccgsystems.doc 5/23/02 Page 10 11-r¡!P · . D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula vista. [end of page. next page is signature page.] fmsagmtccgsystems.doc 5/23/02 Page 11 /1-'77 , . Signature Page to First Amended & Restated Agreement between City of Chula Vista and CCG Systems, Inc. for the Purchase, Installation, and Maintenance of the Public Works Operations' Fleet Management System IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated:l'.a1 1(<fI.- , 2002 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk as to form: Dated: CCG Systems, Inc. By: Nina R. cCoy, President Exhibit List to Agreement fmsagmtccgsystems.doc 5/23/02 Page 12 11-18 ( x Exhibit A. Terms and Conditions x ) Exhibit B. Software Maintenance Agreement ( x Exhibit C. Software License Agreement ( x ) Exhibit D. Deliverables and Milestones (including Schedule A) fmsagmtccgsystems.doc 5/23/02 Page 13 J I; 19 Exhibit A to Agreement between City of Chula Vista and CCG Systems, Inc. 1. Effective Date of Agreement: November 9, 1999 Effective Date of First Amended and Restated Agreement: June 1, 2002 2. City-Related Entity: (x) City of Chula vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: CCG Systems, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: CCG Systems, Inc. 612 Colonial Avenue Norfolk, VA 23507 Voice Phone (800) 753-2783 Fax (757) 625-2545 7. General Duties: Consultant shall install a new fleet management system (FMS) for 25 concurrent users, which includes purchase, installation, implementation, data loading, and training. In addition, Consultant shall also install a fuel interface, convert data from the City's current FMS, as fmsagmtccgsystems.doc 5/23/02 Page 14 J / -t tJ needed, install a single carpool user module, provide on- site training to train trainers and users, and provide follow-up training. ín addition, Consultant shall provide free maintenance for a period of one year after the acceptance testing, per Exhibit U B" . 8. Scope of Work and Schedule: A. Detailed Scope of Work: i. Provide a new Fleet Management System (FMS) that is Y-2k compliant, and Windows-based, and that can be linked to the City's Financial Accounting System (IFAS). The FMS will track maintenance costs, service requests, backlogs of work, types of work performed, hours spent per job and per person, costs per job for labor, materials, and equipment, purchase prices, and annual replacement costs, for example. B. Date for Commencement of Consultant Services: ( x ) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: FMS System Software - 10 concurrent seats with Windows NT Platform, with fuel interface and one single carpool user module Deliverable No.2: Installation and Implementation of FMS Deliverable No.3: Validated Data Loading for FMS Deliverable No.4: Training for FMS -Work Process Session Design-? n~y~ -System Administrators-? n~y~ -Users-4 days -Train the Trainer-4 days -Follow-up Training-4 days Deliverable No.5: FMS System Software - 15 additional concurrent seats with Windows NT Platform Deliverable No.6: Installation and Implementation of FMS - 3 days on site (including T/L allotment)- No additional Fuel Interface or data conversions are included. fmsagmtccgsystems.doc 5/23/02 page 15 fi-F/ Deliverable No.7: User Training for FMS - Session 1 3 days on site (including T/L allotment) Deliverable No.8: User Training for FMS - Session 2 3 days on site (including T/L allotment) D. Date for completion of all Consultant services: .Tnnø ~n. ?OOi. nr nrnn ~("'O,..ørr;:¡nf"'ø nf ;:¡,11 Qørui("'løQ 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: None 11. Compensation: A. (x) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the not to exceed amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase, per Exhibit D NnT Tn F.y~~~n Fee for Said Phase 1. Installation manual Pre-installation site visit, Data conversion definition, Definition for fuel interface 30% of contract $ 86,200 2. Installation and implementation Of FMS and System Administrator Instruction 30% of contract $86,200 3. Completion of Initial training 20% of contract fmsagmtccgsystems.doc 5/23/02 Page 16 JJ-g~ $86,200 4a. Site goes Live 10% of contract $86,200 4b. Follow-up Training(as needed) and Acceptance of System 10% of contract $4,800 4c. Billing Extract and Accounting Interface $750 per day, not to exceed $8,000 4d. Data Conversions $500 per table $86,200 Subtotal (1-4d) 5. FMS System Software - 15 additional concurrent seats $27,000 6. Installation and Implementation of FMS - 3 days on site $4,600 7. User Training for FMS - Session 1 3 days on site $4,600 8. User Training for FMS - Session 2 3 days on site $4,600 Total First Amendment (5-8) $40,800 $127,000 Contract total Software Maintenance Service: Year 1 Included (one year following acceptance by the City of the first 10 user licenses) $5,500 $5,500 Year 2 Year 3 Years 4 & 5 include all 25 user licenses Year 4 Year 5 $10,000 $10,825 Service Total: $31,825 B. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive fmsagmtccgsystems.doc 5/23/02 Page 17 /1- g:3 .. II ,¡. hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. 13. Contract Administrators: City: Robert Beamon, Principal Management Analyst, 1800 Maxwell Road, Chula Vista, CA 91911 (619) 397-6048 Consultant: Jeannine Youngs, CCG Systems, Inc. 612 Colonial Avenue, Norfolk, VA 23507 Voice Phone (800) 753-2783 or (757) 623-1700 x 105 Fax (757) 624-2545 14. Liquidated Damages Rate: ) $ per day. ) Other: fmsagmtccgsystems.doc 5/23/02 Page 18 II*' ~Lf· 0' . 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: Based on % completion of phases B. Day of the Period for submission of Consultant's billing: Every four weeks 19. Security for Performance ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: Retention Release Event: ( ) Completion of All Consultant Services, except for ongoing Annual Maintenance of Software fmsagmtccgsystems.doc 5/23/02 Page 19 /1-85 I Schedule A Basic Services · FASTER C/SBaslc System SOftware lit 1 Year Warranty - Windows NT Platform FASTER Server Software FASTER qSCllent Software -10 @ $1,200 each Motor Pool Module (Optional) Fuel Interface (Optional) Total Software Costs $ 12,000.00 $ 12,000.00 $ 7,200.00 $ 1.800.00 $33,000.00 · Project Management Given the size of your organization and the scope of the installation, we ..recommend a professional Project Management Team to consist of project manager, system installer, and trainer. All will partner with you during the entire Implementation and training process. The Project Manager will act as liaison and coordinate implementation activities on- and off-site. Total Cost: $10,000.00 · Initial Installation and System Administrator Instruction The purpose of this visit is to install the FASTER software on a stabilized network, test all connections and response times, set up the program files and structure the units, and to provide initial instruction for Chula Vista's designated FASTER System Administrator. Four (4) days on site @ $750 per day EslimatedRoundtrip Airfare between Norfolk and Chula Vista Living Allotment (4 days @ $200 per day) Total Cost Initial Installation - Option I $ 3,000.00 $1,000.00 $ 800.00 $4,800.00 · On-Site training for Chula Vista staff - Session 1 - Train the Trainer The purpose of this visit will be to conduct concentrated train-the-trainer sessions for Chula Vista staff who have been identified as FASTER system on site trainers. Prior to training, an outline and schedule will be developed. We recommend: Four (4) days on site at $750 per day Estimated Roundtrip Airfare Living Allotment (4 days @ $200 per day) Total Cost $3,000.00 $1,000.00 $ 800.00 $4,800.00 · On-Site Training for Chula Vista Staff - Session 2 - User Training The purpose of this visit will be to conduct specific training for the fieet personnel in preparation for going live on the FASTER CIS System. Prior to training, an outline and schedule will be developed. We recommend: Four (4) days on site at $750 per day Estimated Roundtrip Airfare Living Allotment (4 days @ $200 per day) Total Cost $3,000.00 $1,000.00 $ 800.00 $4,800.00 /1- ¡It; ., . · On-Site Training - Session 3 - Follow Up Training Though not required, you may want to consider budgeting for follow-up training to take place 3 - 6 months after software installation. Experience shows that fleet personnel utilize the system more effectively, and fleet management achieves better results because of it. We recommend: Four (4) days on-site at $750 per day EsttmatedRoundtrip Airfare Living Allotment (4 days @ $200 per day) Total Cost $3,000.00 $1,000.00 $ 800.00 $4,800.00 Additional Services · Annual Support Services After First Year Support services are renewable annually at 20% of the total cost of all the software products, interfaces, and customizatlons. FASTER Server FASTER - Client Software - 10 @ $200 each Motor Pool Module Fuel Interface Total Annual Support Costs $2,000.00 $2,000.00 1,200.00 $ 300.00 $5,500.00 · Total: Basic Software and 1 &t Year Wammty, Project Management, Installation, Training, Travel and Uvlng Allotments: $67,700.00 · Billing Extract and Accounting Interface $ 750 per day. not to exceed $8,000 Our fee for this type of customization is $750 per day upon delivery and acceptance of a fully operational interface. FASTER CIS is designed with a standard billing cost extract that can be run for a billing period and captures revenue and expense data along with other specific costing identifiers. The purpose of this extract Is to provide site personnel with a central source of accounting information. This extract Is standard with the FASTER CIS Software System. In addition, FASTERfCS provides a standard bll/lng repottthat meets the needs of sites where total billing for a piece of equipment Is made to a single account code. This report Is sorted by Department, Account Code and Equipment Number. If this report does not meet your site's specific needs, there are options: 1) site personnel with database experience can create a specialized report or export file to interface with your accounting system; or, 2) CCG Systems, Inc. can create the file for you. Our fee for this type of customlzatlon Is $750 a day. We will provide a full estimate after a file definition layout reviewed and finalized. · Data Conversions Cost to be determined according to tables below The conversion process begins during the pre-installation phase of Implementation and involves several progressive tasks. 1. When data is converted from one system to another, it must be interpreted and mapped to the replacement system. CCG Systems, Inc. has developed a thorough data mapping / /- g1 .. . process to perform this function. The process begins with guidance and information about the FASTER Data Fields. Then, a data mapping form is completed to ensure that all fields are properly mapped and converted from the existing system to the FASTER System. This Is extremely important to ensure data conversion is accurate and valid. 2. Transfer Media: Email can be used for files less than 10 Megabytes. For larger flies, we can accept a zip drive, 1 Gig J/JIZ. drive, or CD. Other media are not acceptable. 3. Once the data has been mapped, CCG Systems offers two options for data conversion. As a gUide to estimating the cost of conversion of data from a system other than FASTER, the following pricing worksheet has been prepared. Data is converted into tables in the FASTER system, and a separate conversion program must be written for each table and each table must be converted Individually. Pricing is made on a per table basis, according to the FASTER tables that must be populated with converted data. There are two acceptable forms of data files and pricing estimates are provided for each. » ~: Data supplied in an EXCEL spreadsheet Is much simpler to work with and the preferred source of data. Each site Is supplied with a sample excel sheet which they mayor may not use to provided the data. The excel sheet must be accompanied with a complete description of the data fields and explanation of the layout along with a data mapping fonn which will assist the technician. There are needs to logically convert data fields (make decisions for the placement of old fields into a new fields) and the data mapping fields are used to make these decisions. » ASŒI Fixed Length Fonnat: Data supplied In an ASŒI file is more difficult to convert and consumes more time In preparing the data for conversion. The data definitions, file layouts, and data mapping fonns are required to execute conversions. Many times, there are fields included in ASŒI Files which are empty or which will not be used. It is better if these are removed from the file or at least identified. FASTER Table Desa1ptlon EXCEL ASCII The field names for each of the tables are provided on Price for Price for the attached sheet. table table Eauipment Master This is descriptive data for the Master Record In CIS 500.00 1,000.00 Infonnatlon EHEADER Table Equipment This descriptive data for the COMMUNICATIONS 500.00 1,000.00 Master EQUIPMENT Master Record in CS Infonnation EHEADER Table Equipment PM schedules This is information which fills the PM schedules for the 500.00 1,000.00 EPM Equipment PM table. The definition for this conversion Table should include the intended FASTER PM Codes for the maDDino of data. Eoulpment Warranty If equipment warranty Information is available for 200.00 300.00 conversion, the definition for this conversion should EWARRAN1Y Include the Intended FASTER Warranty codes. Table 1/'--8g .. "..., Equipment Meters: The conversion of odometers to the EMffiR Table. If 200.00 300.00 EMETER replacements of old meters are included, this should be Table Included in the definition. Equipment History: This information is converted to FASTER CIS in 1,000.00 1,500.00 summary only. Summary means the piece of EHISTORY equipment with total dollars for the months and years. Table Parts Master This Is descriptive data for the Master Record In CIS. 500.00 1,000.00 information. PHEADER Table Parts Warranty This is information converted Into the FASTER Part 200.00 300.00 informatIon Record for warranties. PWARRANTY Table Parts History: This information Is converted to FASTER CIS in 1,000.00 1,500.00 PHISTORY summary only. Summary means part numbsr with Table summ~totals bv month and~ar. 11. T Codes: Each code is a SlIparate conversion and should be quoted seDarately. 100.00 150.00 11. TABLE DPN. M1O. EOC. Makes. Models. PTC. Fuel TVDes. etc. per code per Table code Work Order Summary: The unique structure of the FASTER CIS repair code design ( built upon entry from multiple tables) Work WCOST Order Detail is not an option. Work Qrder Summary 1,000.00 1500.00 Table means that the total cost of a Work Order with WHEADER associated equiDment numbsr will bs posted to a Table sDedally marked and dated Work order In FASTER CIS. ~ Work Order Converted Number, ~ Equipment Numbsr, ~ Date and time ~ Total Cost User Reference ReId These conversions are the most difficult and Involve the Conversions: most amount of time In figuring out what Is being 100.00 150.00 converted. A complete definition of what the information per User per UserRef represents and Its format should bs included. Each Item Reference User Table to bs converted as User Reference should bs quoted Field Reference separately. Field Motor Pool Module ~ Department 10 Number Qnb:;. ~ Department Name 250.00 500.00 ~ Address Motor Pool Department ~ Phone Tables þ> FAX þ> Web site þ> email Motor Pool This table Is related to a specific entry in the Module Only: department table. There cannot bs a coversion of accounts without a conversion of Department 500.00 1,000.00 Motor Pool Account Information. Tables þ> Department 10 (related to Department Table ~ Account ID þ> Point of Contact >- Address >- City þ> State / / - gq .. ,I·"'·" I ~» Zip , Phone Description . NOTES I. All application software costs include one set of documentation. Additional copies can be made at your location or they can be purchased from CCG. 2. Training and follow-up training are vital to maintaining a high level of proficiency within your operation. Including additional on-site training days in your yearly support services is one way to maximize your staff's potential. The cost of training/consulting Is $750 per day plus travel and living. 3. It is necessary that when a NElWORKED version of FASTER has been selected that preparation for the FASTER installation include a fully operational network. 4. All prices quoted in this price estimate are guaranteed for 120 days. Payment Schedule (For Both Basic and Additional Services) Invoiced at the issuance of PO. Invoiced at the Installation of the software Invoiced at the completion of the initial training Invoiced at the acceptance of the system 30% of total contract 30% of total contract 20% of total contract 20% of total contract Summary of Costs for First Year: Software Project management Installation Initial Training Follow Up Training $33,000.00 $10,000.00 $ 4,800.00 $ 4,800.00 $ 9.600.00 Total first year Conversion Special customlzatlon $62,200.00 $TBD $TBD After the first year, costs will consist of: Annual Support Service For quoted Products and Service Annual Support Services for additional products and special customlzation $5,500.00 $TBD Quoted prices will remain In effect through 1999. /J-qO fI 'II',".'" August 28, 2001 City of Chula Vista CCG Systems, Inc, To provide the management control ofinformation for fleet services in the Transit Division as described, there are two options available to the City of Chula Vista. These two options are discussed below. Pricing will be provided in detail following. The available network connectivity available for the 9 additional client workstations will have a LAGRE impact on the decision. Speed from the Server to the clients must meet the minimurn requirement of a Tlline for Full aUI "FAT" Clients or for communication speed at 56K(128kps) or below, the City would have to purchase and utilize Microsoft Terminal Server, Dial up modems will not vrovide sufficient communication speed and can only be used with Citrix Metarrame, Therefore; the first discussion and decision is what kind of network connectivity and inrrastructure will be available for Transit. OPTION 1 - Company Code used in Existing system with increased license. Using the existing same database, FASTER Fleet Maintenance Software, and PC that exists at the City of Chula Vista and increasing the client licenses by 9. TIlls option would require the set up of a separate company in the FASTER table file now being used where all of the Transit Equipment would be assigned. The company code is used through out the application as a top level ofthe security and accounting hierarchy. Users would be given permission to only their company (example: TRANSIT would be Company - TR) and eliminate them rrom accessing information rrom other companies (City of Chula Vista - CTY). The two companies access the same table file and will have to share the coding system. The same codes (makes and model, equipment class, repair codes etc.) will display in both the City and Transit. Transit codes will need to be added to the system for classes, repairs, makes, models, etc. While this rnay meet your needs, Reporting through the standard reports allows anvone who runs r<worts to run them for ANY companv, Therefore; anyone rrom Transit who access the standard reports can run any report with information about Chula Vista. Those sites. have chosen this option and require maximized limitation of information between companies have rewritten the FASTER Standard reports to limit access for a single company. Only the limited reports are listed on the menu therefore limiting their information to a single company for which the report is written. However, the Chula Vista users will have access to both City and Transit information. cca can rewrite selected reports for the City at $1,000 a day or $125 per hour and will provide a quote upon a specific list of identified reports. If personnel rrom Chula Vista were to obtain Crystal Reports Professional 8 report writer and participate in CCG Systems, Inc. Regional Reports training, they should be able to rewrite reports on their own. //-11 .. .. ..~ ."" August 28, 2001 City of Chula Vista CCO Systems, Inc. OPTION 2 - Separate System This option would be separate installation of the FASTER Fleet Maintenance Software System on a separate PC with a separate database a separate FASTER Server Software and 9 Clients set up specifically to serve Transit. The codes would be designed for use by Transit. There would not be any security issues or cross over access to the system, Access to each system by Chula Vista management would be through a different FASTER Clients. They can be set up on the same machine however, each time access is changed ftom the City to Transit and back to the City system the Gateway would need to be rebooted and registry entry changed on the client. If the clients were set up on two separate PC's (different machines), access would be immediate without shutting down. There are challenges with each option. Please call me with questions or speak with Nat West or Nina McCoy. After talking the three of us thought to meet your needs a Option 2 would be your best alternative. Pricing For Chula Vista OPTION 1 - Company Code used in Existing system with increased license FASTER Client Software 9 x 1,800 $16,200 Project Management set up and Installation of Clients: There is a requirement that all PC's for the additional clients are connected to the network prior to arrival. 3 days on site at $1,000 a day plus T/L allotment of$I,600 $4,600 User Training - Session 1. 3 days on site at $1,000 a day plus T/L allotment of$I,600 $4,600 User Training - Session 2. 3 days on site at $1,000 a day plus T/L allotment of$I,600 $4,600 Estimated costs for report writing, It is difficult to detennine the cost for this service until the reports needed are identified. I am guessing not to exceed $15,000. Summary of Costs Option 1 Software PM/Install Session 1 Session 2 16,200 4,600 4,600 4,600 I/-qr · iii" '" August 28,2001 City of Chula Vista CCG Systems, Inc, Report Writing Not to exceed 15,000 --- -- Total $45,000 The Annual Support Services due upon next renewal would increase $5,700. Option 2 - Separate System TIris would be a full implementation of the FASTER System for 9 Clients with applied customer discounts. FASTER Server Software FASTER Client Software 9 x 1,800 , $18,000 discounted $5,000 $16,700 Proiect Management: $5,000 Installation of Clients: There is a requirement that the Server, database and all the PC's for the additional clients are connected to the network prior to arrival. 4 days on site at $1,000 a day plus T/L allotment of $1 ,800 $5,800 User Traininl! - Session I. 3 days on site at $1,000 a day plus T/L allotment of$I,600 $4,600 User Training - Session 2, 3 days on site at $1,000 a day plus T/L allotment of$I,600. $4,600 Total $41,200 Summary of Costs Option 2 Software PM Installation Session I Session 2 21,200 5,000 5,800 4,600 4,600 ---- Total $41,200 Annual Support Services after the first year would be 4,200. I/-qø COUNCIL AGENDA STATEMENT Item: I~. Meeting Date: 6/18/2002 ITEM TITLE: Resolution approving the Memorandum o£ Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation o£ the DASH (Dynamic After School Hours) after school recreational program, and the STRETCH (Sale Time for Recreation, Enrichment, and Tutoring for CHildren) extended school day educational program; and authorizing the Mayor to execute the MOU. SUBMITTED BY: Deputy City Manager Palmer'C~,J REVIEWED BY: City Manager ~ (4/5ths Vote: Yes No X ) The current MOU between the City and the Chula Vista Elementary School District, in eflect until June 30th, 2002, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is currently of£ered at eight district schools. The MOU also authorizes the operation o£ a structured sports and recreation program called DASH (Dynamic After School Hours), at 18 district schools. The budget £or FY 2002-03 is based on the proposed expansion of the DASH Program from eighteen to twenty-one sites, ensuring that, at this time, all elementary schools within the City of£er a free after school program. (Note: The Chula Vista Boys and Girls Club currently operates an after school program at Feaster-Edison; the South Bay Family YMCA currently operates after school programs at Castle Park, Chula Vista Learning Community Charter, Rohr, and Vista Square Elementary Schools.) The intent of this report is to present an updated MOU between the City and the Chula Vista Elementary School District for FY 2002-03. STAFF RECOMMENDATION: That Council approve the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the DASH (Dynamic After School Hours) after school recreational program, and the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for CHildren) extended school day educational program; and authorizing the Mayor to execute the MOU. BOARDS/COMMISSIONS RECOMMENDATIONS: n/a Item: I ~ . Page 2 Meeting Date: 6/18/2002 DISCUSSION: The STRETCH and DASH programs have been deemed a great success, recognized by both the League of California Cities and the American School Board Journal for their excellence and innovation. Satisfaction surveys collected in April, 2002, from parents, students, and school personnel also indicate that constituents are highly supportive of and pleased with both programs. The City and the District are now ready to enter into a new Memorandum of Understanding for FY 2002-03 (Attachment A). The new MOU, which has been prepared in conjunction with the City Attorney's office, authorizes: . An expansion of DASH from 18 to 21 elementary school sites. These sites will include: Allen, Arroyo Vista (new in 2002-03), Casillas, Chula Vista Hills, Clear View, Cook, Discovery (new in 2002-03), EastLake, Halecrest, Heritage (new in 2002-03), Hilltop, Kellogg, Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers, Rosebank, Tiffany, and Valle Lindo Elementary Schools. . Continuation of the STRETCH program at seven elementary school sites, including Harborside, Lauderbach, Lorna Verde, Montgomery, Mueller, Otay, and Rice Elementary Schools. (Note: STRETCH was formerly offered at Los Altos school in San Diego. This site's after school program will be taken over by another agency. Existing STRETCH Youth Leaders will be reassigned to two Chula Vista sites, allowing us to serve additional students there.) As in previous MOUs, the City will recruit, hire, train and supervise staff to conduct both STRETCH and DASH. The District will actively promote communication, cooperation and coordination among and between school personnel and city personnel. FISCAL IMPACT: The proposed FY2002-03 budget for STRETCH and DASH is $1,272,757. The City will provide $432,765 (plus in-kind expenses), the Elementary School District will provide $500,000 and the State will provide (via the District) $339,992. These funds will be appropriated as part ofthe FY2002-03 budget. ,," /' / cJ- ./. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU WHEREAS, in FY 1998/99 the City entered into a unique partnership with the Chula vista Elementary School District, the purpose of which was to examine the city's existing after school program offerings and, with District input, to revamp them based on individual school needs and priorities; and WHEREAS, the current Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District, in effect until June 30th, 2002 authorizes the operation of the STRETCH Program (Safe Time for Recreation, Enrichment and Tutoring for Children) with its emphasis on literacy, and arts enrichment, at eight district schools; and the DASH Program (Dynamic After School Hours), a structured sports and recreation program at 18 district schools; and WHEREAS, the budget for FY 2002-03 is based on the proposed expansion of the DASH Program from 18 to 21 sites ensuring all elementary schools within the city will offer a free after school program; and WHEREAS, an updated MOU between the City and the Chula vista Elementary School District for FY 2002-03 is presented for approval. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the Chula vista Elementary School District regarding joint operation of the DASH (Dynamic After School Hours) after school recreational program, and 1 /;2 ~3 the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for Children) extended school day educational program, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOU. Presented by Approved as to form by David Palmer Deputy City Manager j:\attorney\reso\STRETCH AND DASH 2 /;2 - 'I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHVLA VISTA ELEMENTARY SCHOOL DISTRICT This MOD is entered into by the Mayor of the City of Chula Vista and the Superintendent of Chula Vista Elementary School District. This is an agreement to operate an after school recreational program ("DASH" - Dynamic After School Hours), and an extended school day educational program (STRETCH - Safe Time for Recreation, Enrichment ançl Tutoring for CHildren) in Chula Vista Elementary School District schools in FY 2002-2003. The parties agree that the Chula Vista Elementary School District's responsibilities shall be to: o Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating school sites, in particular to principals, PT As and School Site Councils. o Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. o Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. o Provide a staff liaison with the City as a key contact. o Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. o Provide the City of Chula Vista $839,992 in FY 2002-2003 towards the cost of operating the DASH and STRETCH Programs, payable within 30 days of receipt of four quarterly City of Chula Vista invoices of $209,998 each, on 7/15/02, 10/15/02, 1/15/03, and 4/15/03. The parties agree that the City ofChula Vista's responsibilities shall be to: o Provide a Library Department Manager to oversee and coordinate the DASH and STRETCH Programs' activities, in cooperation with District staff. o Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating staff. o Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. o Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. o Operate the DASH Program at the following 21 District Schools: Allen, Arroyo Vista (new in 02-03), Casillas, Chula Vista Hills, Clear View, Cook, Discovery Charter (new in '02-03), EastLake, Halecrest, Heritage (new in '02-03), Hilltop, Kellogg, Page 1 of 1 /~-5 Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers, Rosebank, Tiffany, and Valle Lindo Elementary Schools. . 0 Recruit, hire, and train 47 part-time DASH Leaders, under the supervision of 2 full- time DASH Supervisors. o Operate the STRETCH Program at the following 7 District Schools: Harborside, Lauderbach, Loma Verde, Montgomery, Mueller, Otay, and Rice Elementary Schools. o Recruit, hire, and train 7 part-time, benefited STRETCH School Site Coordinators, and 26 part-time Youth Leaders, under the supervision of a full time STRETCH Supervisor o Provide individual participating schools with detailed terms of agreement regarding specific program hours, staffing, programming, shared use of facilities, etc. o Contribute the following: $432,765 in STRETCH/DASH budgeted general funds; a .5 FTE Library Administrative Assistant ($19,000, in-kind); City wide overhead (human resources, payroll, finance, MIS, purchasing, and other City Departments) - in kind. . o Act as fiscal agent for the combined District and City funds the duties of which include but are not limited to budgeting, appropriating, expending, tracking, and reporting funds. The parties agree that a joint decision-making panel shall continue to govern the DASH and STRETCH Programs. The panel is comprised of the following District and City employees: Chula Vista Elementary School District: Assistant Superintendent for Community and Govemment Services District Director of Early Intervention City of Chula Vista Deputy City Manager/Chula Vista Public Library Director Educational Services Manager The parties further agree to hold harmless each other against any and all claims asserted or liability established for damages or injuries, including death, to any person or property, including an officer, agent or employee of one of the parties, which arise from or are connected with or are caused or claimed to be caused by the negligent acts or omissions of the District or the City in carrying out the terms of this agreement; provided, however, that no duty to hold harmless one party shall arise or exist regarding the established sole negligence or willful misconduct of that party. CHULA VISTA ELEMENTARY CITY OF CHULA VISTA SCHOOL DISTRICT By: By: Date: Date: Page 2 of2 / ,!)_~ COUNCIL AGENDA STATEMENT Item: ~ ~' Meeting Date: 06/18/02 ITEM TITLE: Resolution Authorizing the Re~irector to execute Permits to Agencies providing services and utili/z,~/~ffice ~)ace at Norman Park Senior Center SUBMITTED BY: Buck Martin, Director of Recreatio REVIEWED BY: City Manager~'~c 5ths Vote: Yes No X ) Since the renovation of Norman Park Center in 1993, the City has issued and renewed multi-year permits to several social service agencies, allowing them to utilize office space at Norman Park Center. These agencies provide valuable community services, many of which target the senior population. The City does not charge rent for this use, but does require each agency to reimburse the City for a pro-rate share of the utility costs. Three-year permit renewals have been prepared and signed by each agency. STAFF RECOMMENDATION: That the Council approve the Resolution authorizing the Recreation Director fo execule Permits to Agencies providing services and utilizing office space at Norman Park Center. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Upon completion of the Norman Park Center renovation, the City allowed four social service agencies, which provide special services and program to senior citizens, to utilize the office space on the second floor of the facility. The four agencies are: · Lutheran Social Services of Southern California (Caring Neighbor and Shared Housing); · Greater San Diego Meals on Wheels; · Senior Citizen's Legal Services; and · San Diego County- Aging and Independence Services - Adult Protective Services. Under the original agreements, each agency is required to reimburse the City for a pro-rated portion of the facility's utility costs and to provide their own telephone service. The facility use permits for the four agencies are now up for renewal and new three-year permits have been negotiated which continue the original terms. All four agencies have been providing services at a satisfactory level and their programs are popular with the senior citizen community. FISCAL IMPACT: The tour agencies annually reimburse the City for approximately $4,000 in utility costs. This represents approximately 15% of the Norman Park Center utilities budget. The revenue from the agencies is budgeted in the FY 02/03 budget. Attachments: A - Permit- Lutheran Social Services B - Permit - San Diego Meals on Wheels C - Permit - Senior Citizens Legal Services D - Permit - San Diego County - Aging and Independence Services ! NORMAN PARK SENIOR CENTER PERMIT This permit is granted as of the latest date appearing opposite the signatures of the respective parties hereto, by and between LUTHERAN SOCIAL SERVICES- CARING NEIGHBOR AND SHARED HOUSING, a California nonprofit corporation, (hereinafter referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a municipal corporation (hereinafter referred to as "City"), concerning use of certain portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA 91910-2815. The "Permittee" hereby agrees to the following terms and conditions upon which permission to use the facility is based: I. AREA OF USE - The Permittee shall have permission to use those portions of the Norman Park Senior Center designated on Exhibit "A", attached hereto and made a part hereof by this reference. II. PERMITTED USES - The Permittee shall be required prior to the execution of this permit to submit, in writing, for the approval of the Recreation Department, an outline of the services to be provided to the public by Permittee in connection with the use of the premises described herein. The premises may not be put to any use, which is not specifically authorized in writing by the Director of Recreation. Permittee shall at all times be required to maintain a level of service to the public acceptable to the Recreation Department. III. USE OF MEETING ROOMS - Permittee may use meeting rooms at the Senior Center for activities in connection with the use of permitted space at no additional charge on a reservation, as available basis. IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year, in advance, pay to The Recreation Department of the City of Chula Vista the sum of $1,075.08 for 2002-2003, $1,108.56 for 2003-200q and $1,1q2.0z~ for 2094- 2005 as its prorata share of utility costs. (Sum based on square footage.) City shall refund any unused portion if permittee vacates during the following month and City is able to obtain attendant thereto. V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services, including all costs attendant thereto. VI. TERM - This permit may be terminated by either party upon thirty (30) days written notice. The term of this permit shall be for a period of thirty-six (36) months commencing on July 1, 2002, and terminating June 30, 2005. 2 VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the clients served will be Chula Vista residents. VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: PERMITTEE: Lutheran Social Services 3101 Fourth Ave San Diego, CA 91910 CITY: Director of Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 IX. TAXES - The terms of this permit may give rise to possessory interest for the Permittee. Permittee shall pay all taxes and assessments, including but not limited to possessor,/ interest taxes, which may be levied as a result of the Permittee's occupancy of the permitted areas. X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director of Recreation, has final approval for any major, extraordinary structural maintenance and repair, including exterior painting. The City reserves the right to do any/or approve any and all work of any nature for the preservation, maintenance and operation of the area. The City shall maintain and repair facility at its expense. The Permittee must maintain its portion of the facility in reasonable condition and notify staff of any repairs that need to be addressed by the City. XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its hours of operation from the Director of Recreation. Any changes or modifications in said hours of operation shall also be approved in advance by the Senior Center Director and the Director of Recreation. XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its business in accordance with all laws, ordinances, rules and regulations applicable to such business as set forth by the City of Chula Vista, County of San Diego, State of California, or the Federal Government, including but not limited to those items listed on Exhibit "B", attached hereto, and made a part hereof. XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at Permittee's sole cost and expense, Permittee shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Permittee, 3 comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from Permittee's operations and the use, occupancy, or misuse of the facility or adjoining areas and ways providing protection of at least One Million Dollars ($1,000,000) combined single limit. All insurance required by this provision of this Permit shall be carded only in responsible insurance companies licensed to do business in the State of California and rated A-S or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Permittee agrees that City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Permittee shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Permittee agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Permittee's negligence or intentional acts or those of Permittee's officers, employees, agents or invites in connection with Permittee's use and occupancy of the Facility and its operations, to the maximum extent allowed by law. XIV. PERMITS/CHARGES - Permittee shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required for the use of the Facility for the purposes set forth herein. Further, Permittee agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to use of the Facility, and to protect and hold City harmless from any failure to make any such payment. XV. TRANSFER OR ASSIGNNENT - Permittee shall not assign or transfer this permit, or any interest therein, nor shall this permit be subject to transfer or assignment by any court in any proceeding in which the Permittee is involved without the Director of Recreation's prior written approval of such assignment or transfer. XVL ADA REQUIREMENTS - Permittee will not discriminate on the basis of disability and will provide equal access to any individuals wishing to participate in activities. XV[L NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and local laws regarding compliance of non discrimination against anyone on the basis of race, religion, color, sex, national origin, mental or physical disability. 4 ATrACHMENTS: Exhibit "A" - Facility Map Exhibit "B" - Facility Regulations Exhibit "C" - Furniture IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF THE DATE SET FORTH OPPOSITE THEIR RESPECllVE SIGNATURES. Dated Buck Martin, Director Recreation Department City of Chula Vista Approved as to form: Nora Smyth Deputy City Attorney EXHt'BTT A Permittee shall occupy room number 21 on the second floor of Norman Park Senior Center. Space is 372 sq. ft. EXHIBIT B FACILITY REGULATIONS 1. The Director of Recreation or his/her designated representative will have access to any portion of the building or grounds adjacent thereto 24 hours a day. 2. The public restrooms in the building will be available for public use whenever the facility is open to the public. 3. Permittee must obtain its permission from the Center Director to use the facility any time other than their regularly assigned hours. Permittee is required to give written notice of any change in hours. Permittee shall give written notice of all closure dates to the Center Director. 4. Permittee will maintain the portion of the facility used by the Permittee in a neat and orderly condition. 5. Permittee will be responsible for upkeep and safety of its own equipment and records. 6. Permittee will provide all supplies for their needs in conjunction with use of the facility. 7. The Senior Center Director must approve any furniture/furnishings brought to the premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be tasteful and compliment the existing furniture/furnishings. 8. Permittee or its officers, agents, employees or members will not knowingly interrupt other activities at the facility. 9. Permittee will be responsible for the behavior of its personnel and clientele during its hours of use at the facility, so that its activities are conducted in an orderly and businesslike manner. 10. The consumption of alcoholic beverages is prohibited on the premises. 11. Smoking is prohibited anywhere inside the facility. 12. Each agency shall participate in Social Services Advisory Group meetings. 13. Each agency shall submit a monthly statistical report. 14~ Each agency shall complete a yearly evaluation. 15. No agency shall use Norman Park Senior Center on their letterhead without written permission from the City. *u.1 ~ A!!Suv,~,n~J°l e~n~i~ ~n~n~i~e eholl h~ nnn_nrnflf on~n~i~e t ./' NORMAN PARK SENIOR CENTER PERMIT This permit is granted as of the latest date appearing opposite the signatures of the respective parties hereto, by and between Meals-on-Wheels Greater San Dieqo, Inc. a California nonprofit corporation, (hereinafter referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a municipal corporation (hereinafter referred to as "City"), concerning use of certain portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA 91910-2815. The Permittee hereby agrees to the following terms and conditions upon which permission to use the facility is based: I. AREA OF USE - The Permittee shall have permission to use those portions of the Norman Park Senior Center designated on Exhibit "A", attached hereto and made a part hereof by this reference. II. PERMiTFED USES - The Permittee shall be required prior to the execution of this permit to submit, in writing, for the approval of the Recreation Department Department, an outline of the services to be provided to the public by Permittee in connection with the use of the premises described herein. The premises may not be put to any use, which is not specifically authorized in writing by the Director of Recreation. Permittee shall at all times be required to maintain a level of service to the public acceptable to the Recreation Department. III. USE OF MEETING ROOMS - Permittee may use meeting rooms at the Senior Center for activities in connection with the use of permitted space at no additional charge on a reservation, as available basis. IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year, in advance, pay to the Recreation Department of the City of Chula Vista the sum of $1,664.64 for 2002-2003, $1,716.48 for 2003-2004 and $1,768.32 for 2004- 2005 as its prorata share of utility costs. (Sum based on square footage.) City shall refund any unused portion if permittee vacates during the following month and City is able to obtain attendant thereto. V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services, including all costs attendant thereto. VI. TERM - This permit may be terminated by either party upon thirty (30) days written notice. The term of this permit shall be for a period of thirty-six (36) months commencing on July 1, 2002, and terminating June 30, 2005. VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the clients served will be Chula Vista residents. VIII. NOT[CE - Any notice required or permitted pursuant to this Permit, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: PERHTI-FEE: Heals on Wheels Greater San Diego, Inc. South Bay Division P.O. Box 1933 Chula Vista, CA 91912 C~-Y: Director of Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 IX. TAXES - The terms of this permit may give rise to possessory interest for the Permittee. Permittee shall pay all taxes and assessments, including but not limited to possessory interest taxes, which may be levied as a result of the Permittee's occupancy of the permitted areas. X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director of Recreation, has final approval for any major, extraordinary structural maintenance and repair, including exterior painting. The City reserves the right to do any/or approve any and all work of any nature for the preservation, maintenance and operation of the area. The City shall maintain and repair facility at its expense. The Permittee must maintain its portion of the facility in reasonable condition and noti~/staff of any repairs that need to be addressed by the City. XI. HOURS OF OPERA'r]ON - Permittee shall obtain prior written approval of its hours of operation from the Director of Recreation. Any changes or modifications in said hours of operation shall also be approved in advance by the Senior Center Director and the Director of Recreation. XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its business in accordance with all laws~ ordinances, rules and regulations applicable to such business as set forth by the City of Chula Vista, County of San Diego, State of California, or the Federal Government, including but not limited to those items listed on Exhibit "B", attached hereto, and made a part hereof. XIII. INDEMNIFICA-f[ON AND INSURANCF - Throughout the term of this Permit, at Permittee's sole cost and expense, Permittee shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Permittee, 3 comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from Permittee's operations and the use, occupancy, or misuse of the facility or adjoining areas and ways providing protection of at least One Million Dollars ($1,000,000) combined single limit. Ail insurance required by this provision of this Permit shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-S or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Permittee agrees that City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Permittee shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Permittee agrees that it wilt indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Permittee's negligence or intentional acts or those of Permittee's officers, employees, agents or invites in connection with Permittee's use and occupancy of the Facility and Its operations, to the maximum extent allowed by law. XIV. PERNIITS/CHARGES - Permittee shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required for the use of the Facility for the purposes set forth herein. Further, Permittee agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to use of the Facility, and to protect and hold City harmless from any failure to make any such payment. XV. TRANSFER OR AS$I(~NMENT - Permittee shall not assign or transfer this permit, or any interest therein, nor shall this permit be subject to transfer or assignment by any court in any proceeding in which the Permittee is involved without the Director of Recreation's prior written approval of such assignment or transfer. XVI. ADA REQUIREMENTS - Permittee will not discriminate on the basis of disability and will provide equal access to any individuals wishing to participate in activities. XVII. NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and local laws regarding compliance of non discrimination against anyone on the basis of race, religion, color, sex, national origin, mental or physical disability. 4 ATTACHMENTS: Exhibit "A" - Facility Map Exhibit "B" - Facility Regulations Exhibit "C" - Furniture IN W1TNESS WHEREOF, THE PART[ES HERETO HAVE EXECUTED THIS PERM]T AS OF THE DATE SET FORTH OPPOS1TE THEIR RESPECq-B/E SIGNATURES, Dated Buck Martin, Director Recreation Department City of Chula Vista Approved as to form: Nora Smyth Deputy City Attorney 5 EXHt'BTI' A Permittee shall occupy room number 22 on the second floor of Norman Park Senior Center. Space is 576 sq. lt. EXHIBIT B FACILITY REGULATIONS 1. The Director of Recreation or his/her designated representative will have access to any portion of the building or grounds adjacent thereto 24 hours a day. 2. The public restrooms in the building will be available for public use whenever the facility is open to the public. 3. Permittee must obtain its permission from the Center Director to use the facility any time other than their regularly assigned hours. Permittee is required to give written notice of any change in hours. Permittee shall give written notice of all closure dates to the Center Director. 4. Permittee will maintain the portion of the facility used by the Permittee in a neat and orderly condition. 5. Permittee will be responsible for upkeep and safety of its own equipment and records. 6. Permittee will provide all supplies for their needs in conjunction with use of the facility. 7. The Senior Center Director must approve any furniture/furnishings brought to the premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be tasteful and compliment the existing furniture/furnishings. 8. Permittee or its officers, agents, employees or members will not knowingly interrupt other activities at the facility. 9. Permittee will be responsible for the behavior of its personnel and clientele during its hours of use at the facility, so that its activities are conducted in an orderly and businesslike manner. 10. The consumption of alcoholic beverages is prohibited on the premises. 11. Smoking is prohibited anywhere inside the facility. 12. Each agency shall participate in Social Services Advisory Group meetings. 13. Each agency shall submit a monthly statistical report, 14. Each agency shall complete a yearly evaluation. 15. No agency shall use Norman Park Senior Center on their letterhead without written permission from the City. 16. All social service agencies shall be non-profit agencies. /i ! NORMAN PARK SENIOR CENTER PERMIT This permit is granted as of the latest date appearing opposite the signatures of the respective parties hereto, by and between SENIOR C~T[ZENS LEGAL SERVICES- Elder Law & Advocacy, a California nonprofit corporation, (hereinafter referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a municipal corporation (hereinafter referred to as "City"), concerning use of certain portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA 91910-2815. The Permittee hereby agrees to the following terms and conditions upon which permission to use the facility is based: AREA OF USE - The Permittee shall have permission to use those portions of the Norman Park Senior Center designated on Exhibit "A", attached hereto and made a part hereof by this reference. PERM~TI'ED USES - The Permittee shall be required prior to the execution of this permit to submit, in writing, for the approval of the Recreation Department, an outline of the services to be provided to the public by Permittee in connection with the use of the premises described herein. The premises may not be put to any use, which is not specifically authorized in writing by the Director of Recreation. Permittee shall at all times be required to maintain a level of service to the public acceptable to the Recreation Department. III. USE OF MEIZI~NG ROOMS - Permittee may use meeting rooms at the Senior Center for activities in connection with the use of permitted space at no additional charge on a reservation, as available basis. CONSIDERATION - Permittee shall on or before June 30th of each calendar year, in advance, pay to the Recreation Department of the City of Chula Vista the sum of $1005.72 for 2002-2003, $1037.04 for 2003-2004 and $1068.36 for 2004- 2005 as its prorata share of utility costs. (Sum based on square footage.) City shall refund any unused portion if permittee vacates during the following month and City is able to obtain attendant thereto. v. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services, including all costs attendant thereto. VI. TERM - This permit may be terminated by either party upon thirty (30) days written notice. The term of this permit shall be for a period of thirty-six (36) months commencing on July 1, 2002, and terminating June 30, 2005. 2 VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the clients served will be Chula Vista residents. VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: PERMIT-FEE: Elder Law & Advocacy 270 F Street, Suite #25 Chula Vista, CA 91910 C]TY: Director of Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 IX. TAXES - The terms of this permit may give rise to possessory interest for the Permittee. Permittee shall pay all taxes and assessments, including but not limited to possessory interest taxes, which may be levied as a result of the Permittee's occupancy of the permitted areas. X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director of Recreation, has final approval for any major, extraordinary structural maintenance and repair, including exterior painting. The City reserves the right to do any/or approve any and all work of any nature for the preservation, maintenance and operation of the area. The City shall maintain and repair facility at its expense. The Permittee must maintain its portion of the facility in reasonable condition and notify staff of any repairs that need to be addressed by the City. XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its hours of operation from the Director of Recreation. Any changes or modifications in said hours of operation shall also be approved in advance by the Senior Center Director and the Director Recreation. XTI. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its business in accordance with all laws, ordinances, rules and regulations applicable to such business as set forth by the City of Chula Vista, County of San Diego, State of California, or the Federal Government, including but not limited to those items listed on Exhibit "B", attached hereto, and made a part hereof. XITI. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at Permittee's sole cost and expense, Permittee shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Permittee, comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from 3 Permittee's operations and the use, occupancy, or misuse of the facility or adjoining areas and ways providing protection of at least One Million Dollars ($1,000,000) combined single limit. All insurance required by this provision of this Permit shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-S or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Permittee agrees that City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Permittee shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Permittee agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Permittee's negligence or intentional acts or those of Permittee's officers, employees, agents or invites in connection with Permittee's use and occupancy of the Facility and its operations, to the maximum extent allowed by law. XIV. PERMITS CHARGES - Permittee shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required for the use of the Facility for the purposes set forth herein. Further, Permittee agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to use of the Facility, and to protect and hold City harmless from any failure to make any such payment. XV. TRANSFER .OR ASSIGNMENT - Permittee shall not assign or transfer this permit, or any interest therein, nor shall this permit be subject to transfer or assignment by any court in any proceeding in which the Permittee is involved without the Director of Recreation's prior written approval of such assignment or transfer. XVI. ADA REQUIREMENTS - Permittee will not discriminate on the basis of disability and will provide equal access to any individuals wishing to participate in activities. XVII. NON DISCRIM[NA'I-[ON- Permittee will abide by all applicable Federal, State and local laws regarding compliance of non discrimination against anyone on the basis of race, religion, color, sex, national origin, mental or physical disability. 4 ATTACHMENTS: Exhibit "A" - Facility Map Exhibit "B" - Facility Regulations Exhibit "C" - Furniture IN WITNESS WHEREOF, THE PART[ES HERETO HAVE EXECUTED THIS PERMIT AS OF THE DATE SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES. Dated Buck Martin, Director Recreation Department City of Chula Vista Approved as to~orm: Deputy City Attorney EXHIBIT A Permittee shall occupy Conference room number 2 on the second floor of Norman Park Senior Center. Space is 228 sq. lt. EXHIBIT B FACiLiTY REGULATIONS 1. The Director of Recreation or his/her designated representative will have access to any portion of the building or grounds adjacent thereto 24 hours a day. 2. The public restrooms in the building will be available for public use whenever the facility is open to the public. 3. Permittee must obtain its permission from the Center Director to use the facility any time other than their regularly assigned hours. Permittee is required to give written notice of any change in hours. Permittee shall give written notice of all closure dates to the Center Director. 4. Permittee will maintain the portion of the facility used by the Permittee in a neat and orderly condition. 5. Permittee will be responsible for upkeep and safety of its own equipment and records. 6. Permittee will provide all supplies for their needs in conjunction with use of the facility. 7. The Senior Center Director must approve any furniture/furnishings brought to the premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be tasteful and compliment the existing furniture/furnishings. 8. Permittee or its officers, agents, employees or members will not knowingly interrupt other activities at the facility. 9. Permittee will be responsible for the behavior of its personnel and clientele during its hours of use at the facility, so that its activities are conducted in an orderly and businesslike manner. 10. The consumption of alcoholic beverages is prohibited on the premises. 11. Smoking is prohibited anywhere inside the facility. 12. Each agency shall participate in Social Services Advisory Group meetings. 13. Each agency shall submit a monthly statistical report. 14. Each agency shall complete a yearly evaluation. 15. No agency shall use Norman Park Senior Center on their letterhead without written permission from the City. !,5. Ail social se~¥ice agencies shall be non-profit agencies. NORMAN PARK SENIOR CENTER PERMIT This permit is granted as of the latest date appearing opposite the signatures of the respective parties hereto, by and between SAN DIEGO COUNTy- AREA. AGENCY ON AGING- ADULT PROTECTIVE SERVICES, a San Diego County Agency, (hereinafter referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a municipal corporation (hereinafter referred to as "City"), concerning use of certain portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA 91910-2815. The 'Permittee" hereby agrees to the following terms and conditions upon which permission to use the facility is based: I. AREA OF USE - The Permittee shall have permission to use those portions of the Norman Park Senior Center designated on Exhibit "A", attached hereto and made a part hereof by this reference. II. PERMITTED USES - The Permit-tee shall be required prior to the execution of this permit to submit, in wdting, for the approval of the Recreation Department Department, an outline of the services to be provided to the public by Permittee in connection with the use of the premises described herein. The premises may not be put to any use, which is not specifically authorized in writing by the Director of Recreation. Permittee shall at all times be required to maintain a level of service to the public acceptable to the Recreation Department Department. III. USE OF MEETING ROOMS - Permittee may use meeting rooms at the senior Center for activities in connection with the use of permitted space at no additional charge on a reservation, as available basis. IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year, in advance~ pay to the Recreation Department of the City of Chula Vista the sum of $255.19 for 2002-2003, $263.13 for 2003-2004 and $271.08 for 2004-2005 as its prorata share of utility costs. (Sum based on square footage.) City shall refund any unused portion if permittee vacates during the following month and City is able to obtain attendant thereto. V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services, including all costs attendant thereto. vi. TERM - This permit may be terminated by either party upon thirty (30) days written notice. The term of this permit shall be for a pednd of thirty-six (36) months commencing on July 1, 2002, and terminating ~lune 30, 2005. VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the clients served will be Chula Vista residents. VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows; PERI~11-Fl-EE: County of San Diego Aging & Independence Services 9335 Hazard Way, Suite 100 San Diego, CA 92123 CT[Y: Director of Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 IX. TAXES - The terms of this permit may give rise to possessory interest for the PermJttee. Permittee shall pay all taxes and assessments, including but not limited to possessory interest taxes, which may be levied as a result of the Permittee's occupancy of the permitted areas. X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director of Recreation, has final approval for any major, extraordinary structural maintenance and repair, including exterior paintJng. The City reserves the dght to do any/or approve any and all work of any nature for the preservation, maintenance and operation of the area. The City shall maintain and repair facility at its expense. The Permittee must maintain its portion of the facility in reasonable condition and notify staff of any repairs that need to be addressed by the City. XI. HOURS OF OPERATION - Permittee shall obtain pdor written approval of its hours of operation from the Director of Recreation. Any changes or modifications in said hours of operation shall also be approved in advance by the Senior Center Director and the Director of Recreation. LAWS. ORDINANCES. RULES AND REGULATIONS - Permittee shall conduct its business in accordance with all laws, ordinances, rules and regulations applicable to such business as set forth by the City of Chula Vista, County of San Diego, State of California, or the Federal Government, including but not limited to those items listed on Exhibit "B", attached hereto, and made a part hereof. XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at Permittee's sole cost and expense, Permittee shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Permittee, comprehensive, broad form, general commerdal liability insurance against claims and liability for personal injury, death, or property damage arising from 3 Permittee's operations and the use, occupancy, or misuse of the facility or adjoining areas and ways providing protection of at least One Million Dollars ($1,000,000) combined single limit. All insurance required by this provision of this Permit shall be carded only in responsible insurance companies licensed to do business in the State of California and rated A-S or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Permittee agrees that City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the dght of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Permittee shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Permittee agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Permittee's negligence or intentional acts or those of Permittee's officers, employees, agents or invites in connection with Permittee's use and occupancy of the Facility and its operations, to the maximum extent allowed by law. XIV. PERMITS CHARGES - Permittee shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required for the use of the Facility for the purposes set forth herein. Further, Permittee agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to use of the Facility, and to protect and hold City harmless from any failure to make any such payment. XV. TRANSFER OR ASSIGNMENT - Permittee shall not assign or transfer this permit, or any interest therein, nor shall this permit be subject to transfer or assignment by any court in any proceeding in which the Permittee is involved without the Director of Recreation's prior written approval of such assignment or transfer. XVI. ADA REOUI[REMENTS - Permittee will not discriminate on the basis of disability and will provide equal access to any individuals wishing to participate in activities. XVII. NON DISCRJMJNAT~ON- Permittee will abide by all applicable Federal, State and local laws regarding compliance of non discrimination against anyone on the basis of race, religion, color, sex, national origin, mental or physical disability. 4 ATTACHMENTS: Exhibit "A" - Facility Map Exhibit "B" - Facility Regulations Exhibit "C" - Furniture IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF THE DATE SET FORTH OPPOSI-I'E THEIR RESPECTIVE SIGNATURES. Dated Buck Martin, Director Recreation Department City of Chula Vista Approved as to form: Nora Smyth Deputy City Attorney EXH~BTT A Permittee shall occupy room number Workstation A on the second floor of Norman Park Senior Center. Space is 88.3 sq. ft. EXHIBIT B FACILITY REGULATIONS 1. The Director of Recreation or his/her designated representative will have access to any portion of the building or grounds adjacent thereto 24 hours a day. 2. The public restrooms in the building will be available for public use whenever the facility is open to the public. 3. Permittee must obtain its permission from the Center Director to use the facility any time other than their regularly assigned hours. Permittee is required to give written notice of any change in hours. Permittee shall give written notice of all closure dates to the Center Director. 4. Permittee will maintain the portion of the facility used by the Permittee in a neat and orderly condition. 5. Permittee will be responsible for upkeep and safety of its own equipment and records. 6. Permittee will provide all supplies for their needs in conjunction with use of the facility. 7. The Senior Center Director must approve any furniture/furnishings brought to the premises and add to Exhibit C/Fumishing List. All furniture/furnishings must be tasteful and compliment the existing furniture/furnishings. 8. Permittee or its officers, agents, employees or members will not knowingly interrupt other activities at the facility. 9. Permittee will be responsible for the behavior of its personnel and clientele during its hours of use at the facility, so that its activities are conducted in an orderly and businesslike manner. 10. The consumption of alcoholic beverages is prohibited on the premises. 11. Smoking is prohibited anywhere inside the facility. 12. Each agency shall participate in Social Services Advisory Group meetings. 13. Each agency shall submit a monthly statistical report. 14. Each agency shall complete a yearly evaluation. 15. No agency shall use Norman Park Senior Center on their letterhead without written permission from the City. 16, All social service agencies shall be non-profit agencies. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECREATION DIRECTOR TO EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING OFFICE SPACE AT NORMAN PARK SENIOR CENTER WHEREAS, since the renovation of Norman Park Center in 1993, the City has issued and renewed multi-year permits to several social service agencies, allowing them to utilize office space at Norman Park Center; and WHEREAS, these agencies provide valuable community services, many of which target the senior population; and WHEREAS, the city does not charge rent for this use, but does require each agency to reimburse the City for a pro-rata share of the utility costs; and WHEREAS, the facility use permits for the Lutheran Social Services of Southern California, Greater San Diego Meal on Wheels, Senior citizen's Legal Services and San Diego County-Aging and Independence Services-Adult Protective Services are up for renewal and new three-year permits have been negotiated which continue the original terms; and WHEREAS, all four agencies have been providing services at a satisfactory level and their programs are popular with the senior citizen community. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby authorize the Recreation Director to execute Permits to Agencies providing and utilizing office space at Norman Park Senior Center. Presented by Approved as to form by , Yì 6\,(l ç-012- Buck Martin Director of Recreation John M. Kaheny City Attorney j;\attorney\reso\Norman Park permits / S -;).(; CITY COUNCIL AGENDA STATEMENT ITEM NO.: / ~ MEETING DATE: 06/18/02 ITEM TITLE: CONSIDERATION OF THE OTAY RANCH VILLAGE SIX-MCMILLIN AFFORDABLE HOUSING AGREEMENT RESOLUTION APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED TO OTAY RANCH VILLAGE SIX BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~(~ REVIEWED BY: CITY MANAGER ~ p~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND Plan for the Project by Council Resolution Number 2002-022. Condition number 134 of the SPA conditions of approval require that McMillin Otay Ranch, LLC (the "Developer") enter into an Affordable Housing Agreement with the City prior to recordation of its first final map for purposes of further implementing its affordable housing obligation for the project, as defined in the Affordable Housing Plan of the SPA Plan. To comply with this condition, an Agreement for Otay Ranch Village Six-McMillin has been prepared for Council's consideration and approval. The Final Maps, Subdivision Agreements, and Supplemental Subdivision Improvement Agreements for those properties within Village Six under McMillin's ownership will be considered by the City Council in the near future. RECOMMENDATION That Council adopt the resolution approving the Affordable Housing Agreement for Otay Ranch Village Six-McMillin and authorizing the Mayor to execute such Agreement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The City's State-mandated Housing Element, which was adopted by Council in December 2000, requires the provision of housing for all economic groups and distribution of affordable housing PAGE 2, ITEM NO.: *~ MEETING DATE: 06/18/02 developments throughout the City's jurisdiction. The City's strategy to implement this mandate is to require 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for Iow and moderate-income families (5% Iow and 5% moderate) and to balance affordable housing development throughout the City. The primary objective of this policy is to increase affordable housing opportunities in the new planned communities in the eastern part of the City. Based on a total of 694 residential housing units which are currently allowed to be constructed within Otay Ranch Village Six under McMillin Otay Ranch, LLC's ownership (the "Project"), the developer has an obligation to provide 35 units affordable to Iow income households and 35 affordable to moderate income households within the project. In order to ensure satisfaction of this obligation, the City has prepared an Agreement for Otay Ranch Village Six-McMillin for Council's consideration and approval. The proposed terms of the Agreement for Otay Ranch Village Six-McMillin meets the requirements of the City's Housing Element of the General Plan. Developer has agreed to all terms. Satisfaction of Affordable Housinq Obliqation The Otay Ranch Village Six-McMillin Agreement is expected to be implemented through several possible actions: 1) Use of existing credits; 2) Construction of units; and/or 3) Deferral of the obligation. Low Income Housing Credits: McMillin has available a total of 29 unit credits. The Developer may apply the 17 affordable housing unit credits created through the development of the Cordova Village affordable apartment community in I~ancho Del Rey to satisfy the Developer's affordable housing obligation; provided however, Developer shall first pay the City the amount of $14,000 for each affordable housing unit credit. This fee shall be paid on or before the issuance by the City of the 356~h building permit for the Project. Additionally, the Developer may, with the City's approval, be entitled to obtain credit for any units created in excess of the affordable housing obligation for this SPA ("Surplus Units"). A total of twelve Surplus Units were created through the development of the Teresina at Lomas Verdes apartment community located in Otay Ranch Village One. Construction of Units: In order to satisfy, in part, the Developer's Obligation with regard to Iow income housing, Developer may construct Iow income housing units equal to at least five percent of the total number of the Project's residential units less any credits granted. Such units may be provided through a combination of housing types that may include rental housing, "for-sale" housing, second dwelling units or other forms of housing. Should Developer chose to satisfy, in part, its obligation through the use of second dwelling units, Developer agrees to use no more than a six (6) unit credit towards such obligation. In order to receive a one unit credit towards the Developer's affordable housing obligation, the second dwelling unit must have in place deed restrictions which will require the properly to be certified as occupied by an eligible Iow income household and rented at a rate affordable to a Iow income household of one and a half persons. Developer may opt to have no income or rental rate PAGE 3, ITEM NO.: /~:'/ MEETING DATE: 06/18/02 restrictions for the property, provided that the Developer shall receive a 0.5 credit towards satisfaction of the Developer's affordable housing obligation. The Iow income accessory second dwelling units would be located in the northwestern area (Blue Phase) of the planned community within the areas identified in the Otay Ranch Village Six Development Phasing Plan as Neighborhoods R1 and R3. The moderate-income housing units will be located in Neighborhood R10. Developer shall commence construction of qualified Iow income housing units required by the Proiect, on or before the issuance by the City of the 356~h building permit for the Project. Deferral of Obligation: Developer may request deferring satisfaction of some or all of the affordable housing obligation to an identified future Otay Ranch Village. In considering the deferral of the obligation, the City must find that such new construction of units would present an unreasonable hardship and the public interest would be served by allowing some or all of the affordable housing units associated with the Project to be produced or operated at a future Otay Ranch Village. Anticipated Affordable Housinq Project It is anticipated that the Developer will exercise their right to use those available housing credits. Therefore, the Developer's remaining obligation is six (6) affordable housing units (35 required units less a credit of 29 units). The Developer may chose to satisfy this requirement through the construction of accessory dwelling units on or before the issuance by the City of the 356~h building permit for Otay Ranch Village Six. Should accessory dwelling units be proven to be an unmarketable product type, the Developer may request to have their obligation deferred to a future Otay Ranch Village. CEQA Compliance The proposed Agreement for the provision of affordable housing for Otay Ranch Village Six-McMillin has been reviewed for compliance with CEQA. The proposed Agreement is a mechanism for implementation of affordable housing within the prescribed densities and maximum unit count of the Otay I~anch Village Six-McMillin General Development Plan and SPA plan. Approvol and execution of the Agreement would not, therefore, result in the construction of any housing beyond that anticipated in the GDP and SPA plans and the environmental review documents previously certified for those plans. Therefore, no additional CEQA action is necessary. FISCAL IMPACT The developer has paid all costs associated with the processing of the Affordable Housing Agreement. ATTACHMENTS 1. Affordable Housing Agreement for Otay I~anch Village Six-McMillin (H~N ES) Jz\COMMDE'~STAFF REP\08 07 01 \Al 13 SM~ ^ff Hsg Agr.doc [6/12/02; 12:22 PM] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED TO OTAY RANCH VILLAGE SIX BETWEEN THE CITY AND MCMILliN OTAY RANCH, LLC AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, a condition of approval for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan required McMillin Otay Ranch, LLC (the "Developer") to enter into an agreement with the City of Chula Vista to guarantee the construction and delivery of housing units affordable to low and moderate income households prior to recordation of Developer's first final map for Otay Ranch Village Six; and WHEREAS, to comply with this condition, the City has prepared an Affordable Housing Agreement for the Otay Ranch Village Six Planned Community for City Council's consideration and approval; and WHEREAS, on February 10, 1998, the City and Developer executed an Affordable Housing Agreement (Doc No. 1998-0115872) as recorded by the San Diego County Recorder's Office for the Otay Ranch Village One Sectional Planning Area (SPA). Section 2.b.i. of the said Agreement provides that the Developer may apply the seventeen (17) affordable housing unit credits created through the development of the Cordova Village affordable apartment community as referenced in the "Amended and Restated Rancho Del Rey SPA III Affordable Housing Agreement" approved by the City Council by Resolution No. 18547 ("Rancho Del Rey") to satisfy the Developer's affordable housing obligation; provided however, Developer shall first pay the City the amount of $14,000 for each affordable housing unit credit. Each affordable housing unit credit is equivalent to one unit of affordable housing. WHEREAS, Section 3 of the said Agreement recorded as Doc No. 1998- 0115872 provides that the Developer may, with the City's approval, be entitled to obtain credit for any units created in excess of the affordable housing obligation for Otay Ranch Village One SPA ("Surplus Units"). The extent to which the Developer is entitled to credit by the City for the Surplus Units shall be governed by the City's consideration of the contributions to the Surplus Units by the Developer, the City or other public agencies, level of affordability of the Surplus Units, and concentration of affordable housing within the neighborhood of the Surplus Units. A total of twelve Surplus Units were created through the development of the Teresina at Lomas Verdes apartment community located in Otay Ranch Village One. J¡.f-L/ WHEREAS, this Agreement implements affordable housing requirements and impacts previously analyzed in the certified EIR for the Otay Ranch GDP and SPA Plan, therefore, no additional action is required under CEQA. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that this City Council does hereby approve in the form presented an Affordable Housing Agreement related to Otay Ranch Village Six under Developer's ownership, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that Developer may utilize seventeen (17) affordable housing credits created in satisfaction of the obligation of Rancho del Rey SPA III upon payment of $14,000 per affordable housing unit credit. This fee shall be paid on or before the issuance by the City of the 356th building permit for the Project. BE IT FURTHER RESOLVED that Developer may receive credit for the Surplus Unit after consideration of certain factors by the City as outlined in the Rancho Del Rey Agreement. The City Council of the City of Chula Vista finds that no direct City, Redevelopment Agency or other public sector contribution was given for the development of the twelve (12) Surplus Units created within the Teresina at Lomas Verdes apartment community. The Surplus Units have achieved a greater level of affordability than normally required by providing housing for persons at fifty percent of the Area Median Income. The Surplus Units are located within an apartment community that provides the balance of the housing units as unrestricted with regard to income and rent thus avoiding an unacceptable concentration of affordable units. Therefore, the City has determined that those Surplus Units are available to further satisfy Developer's obligation within the Otay Ranch Village Six planned community. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Chris Salomone Community Development Director [Hines] J:IHOMEICOMMDEVIRESOSICC Resa OTR McMillin Aft Hsg Agr / Lj--5 2 DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL John M. eny City At omey Dated: b/;cR/()::J.... / ' /'I-~ CITY CLERK ) ) ) ) ) ) ) ) ) ) ) DRAFT Recording Requested by: When Recorded, Mail to: CITY OF CHULA VISTA Attn: Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 AFFORDABLE HOUSING AGREEMENT [OTAY RANCH VILLAGE SIX-MCMILLIN] This Affordable Housing Agreement ("Agreement") is made as of 2002, by and between McMillin Otay Ranch, LLC, a Delaware Limited Liability Company ("Developer"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts: A. The City of Chula Vista Housing Element established the City's "Affordable Housing Policy" which requires 10% of each housing development of 50 or more units to be affordable to low and moderate income households, with at least one half of those units (5% of project total units) being designated for low income households ("Affordable Housing Obligation"). (The Chula Vista Housing Element of the General Plan, Page IIIA.) B. Developer owns 141.3 acres of that certain real property, as shown on Exhibit "A", and located in the portion of the City of Chula Vista (referred to herein as "Project"). The Project is more particularly described in Exhibit "B" (Legal Description) which is attached hereto and incorporated herein by this reference. C. On October 23,2001, the City approved an Amended General Development Plan for the Project, by Resolution Number 2001-362, which required compliance with the City's Housing Element ofthe General Plan. On January 22, 2002, the City approved Ordinance No. 2851 adopting the Otay Ranch Village Six Sectional Planning Area Plan-Planned Community District Regulations. D. On January 22, 2002, the City approved the Otay Ranch Village Six Sectional Planning Area (SPA) Plan for the Project by Council Resolution Number 2002-022. Condition number 134 of the SPA conditions of approval require that Developer enter into an affordable housing agreement with the City prior to recordation of its first final map for purposes of further implementing its Affordable Housing Obligation for the project, as such is defined in the Affordable Housing Plan of the SPA Plan. Such Plan provides for the construction of 694 total dwelling units within the Developer's ownership interest, with a requirement for five percent of 1 /Lj- 1 Council Resolution No. 2002- these units being designated for low-income households and five percent for moderate-income households. E. On January 22,2002, the City approved the Otay Ranch Village Six SPA Plan, by Council Resolution Number 2002-022. Condition number 134 of the Village Six SPA approval requires that Developer enter into an affordable housing agreement with the City prior to recordation of its first final map for purposes of further implementing its Affordable Housing Obligation for the project. F. On February 10, 1998, the City and Developer executed an Affordable Housing Agreement (Doc No. 1998-0115872) as recorded by the San Diego County Recorder's Office for the Otay Ranch Village One Sectional Planning Area (SPA). Section 2.b.i. of the said Agreement provides that the Developer may apply the 17 affordable housing unit credits created through the development of the Cordova Village affordable apartment community as referenced in the "Amended and Restated Rancho Del Rey SPA III Affordable Housing Agreement" approved by the City Council by Resolution No. 18547 ("Rancho Del Rey") to satisfy the Developer's affordable housing obligation; provided however, Developer shall first pay the City the amount of $14,000 for each affordable housing unit credit. Each affordable housing unit credit is equivalent to one unit of affordable housing. Section 3 of the Otay Ranch Village One Affordable Housing Agreement provides that the Developer may, with the City's approval, be entitled to obtain credit for any units created in excess of the affordable housing obligation for this SPA ("Surplus Units"). A total of twelve Surplus Units were created through the development of the Teresina at Lomas Verdes apartment community located in Otay Ranch Village One. The extent to which the Developer is entitled to credit by the City for the Surplus Units shall be governed by the City's consideration of the following criteria: a. The Developer's contribution, if any, to the Surplus Units; b. The City's contribution, if any, to the Surplus Units for which the City may require reimbursement; c. Other public sector contribution, if any, to the Surplus Units; d. The level of affordability achieved by the affordable housing project; and e. The concentration of affordable housing units within the neighborhood that the Surplus Units are planned. NOW THEREFORE, in consideration of the mutual promises described herein, and other good and valuable consideration, the parties agree as follows: 2 /1-f 1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms shall mean: a. "Low income housing" means housing affordable to a household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size, as determined annually by the U.S. Department of Housing and Urban Development (RUD). Household size is calculated by the number of persons residing at the same unit as their primary residency. b. "Moderate income housing" means housing affordable to a household of persons who claim primary residency at the same unit with combined incomes between 80% and 120% of the area median income (adjusted annually) based on household size as determined annually by the u.s. Department of Housing and Urban Development (RUD). Household size is calculated by the number of persons residing at the same unit as their primary residency. The range of income levels described in the above defined terms may change trom time to time in accordance with changes to federal, state and local laws. c. "Affordable housing" means housing for which the rentlhousing payment paid by an income qualified household shall not exceed a specified traction of the gross monthly income, adjusted for household size, for the following classes of housing: 1. Extremely low-income, rental or for-sale units: thirty (30%) percent of the gross monthly income, adjusted for household size, at thirty (30%) percent of the county median income; 11. Very low-income, rental and for-sale units: thirty (30%) percent of the gross monthly income, adjusted for household size, at fifty (50%) percent of the county median income; 111. Low-income, rental and for-sale units: thirty (30%) percent of the gross monthly income, adjusted for household size, at eighty (80%) percent of the county median income; and, IV. Moderate-income, rental and for-sale units: thirty (30%) percent of the gross monthly income, adjusted for household size, at one hundred twenty (120%) percent of the county median income. Should subsidized financing and/or other offsets to development costs from a public agency be proposed and obtained, the affordable housing expense shall be dictated by such program or granting Agency. If no affordable housing expense is specified, the affordable monthly rent! housing payment shall be established in accordance with Section 50053 and 50052.5 of the California Health and Safety Code, respectively. 3 / ¿j- 9 d. "Developer's Obligation" means the Developer's obligation to provide 10% of the total number of residential units constructed within the Project as low and moderate income housing, with at least 5% consisting of low income housing units, as more particularly set forth in GDP, SPA and this Agreement. Based upon the total number of units in the SPA Plan within Developer's ownership, the Affordable Housing Obligation for this Project is determined to be thirty-five low income units and thirty-five moderate income units (694 total number of the Project's residential units times five percent as low income and five percent as moderate income housing units). Such obligation will be satisfied by applying the requirements set forth in this Agreement. e. "Regulatory Agreement" means a City-approved agreement imposing certain covenants, terms, and conditions on all or any portion of the Project relating to the acquisition, construction, equipping, operation, and occupancy of a residential development providing affordable housing units for low and/or moderate income households to ensure that such development will be developed, owned, and operated in accordance with this Affordable Housing Agreement. 2. Satisfaction of Affordable Housing Obligation. Performance under this Agreement satisfies the Developer's Affordable Housing Obligation as applied to the land covered by the Otay Ranch Village Six SPA Plan by reason of the approvals of the Otay Ranch Tentative Subdivision Map, Chula Vista Tract OZ-03, and any other applicable approval. a. Moderate income housing units. In order to satisfy Developer's Obligation with regard to moderate income housing, Developer agrees to construct five percent of the total number of the Project's residential units as moderate income housing units. The Developer shall commence construction of 70% of the total number of qualified moderate income housing units required by the Project, on or before the issuance by the City of the 356th building permit for the Project ("Initial Phase"). Developer shall thereafter diligently pursue completion of construction of the Initial Phase with construction of the Initial Phase to be completed no later than one year from the date of commencement of construction of said units. Thereafter, the Developer shall commence construction of the remaining number of qualified moderate income housing units required by the Project, on or before the City's issuance of the 48Znd building permit for the Project ("Remaining Phase"). Developer shall diligently pursue completion of construction of the Remaining Phase with construction of the Remaining Phase to be completed no later than one year from the date of commencement of construction of said units. Commencement of construction shall mean the Developer has obtained a build permit for that first residential unit or first building providing units affordable to moderate income households. The Developer may deliver 100% of the qualified moderate-income housing units (construct both the Initial phase and Remaining phase) at the time of the Initial Phase. Developer shall provide the City an annual report documenting the progress Developer has made toward meeting Developer's Obligation for moderate income housing. 4 /'-I-If) b. Low income housing unit credits. In order to satisfy, in part, Developer's Obligation with regard to low income housing, Developer may utilize seventeen (17) affordable housing credits created in satisfaction of the obligation of Rancho del Rey SPA III and as indentified in both the Otay Ranch Village One Affordable Housing Agreement and the Amended and Restated Rancho Del Rey SPA III Affordable Housing Agreement and upon payment of$14,000 per affordable housing unit credit. This fee shall be paid on or before the issuance by the City of the 356th building permit for the Project. The City finds that those affordable housing credits created through twelve (12) Surplus Units in Teresina at Lomas Verdes are available to further satisfy Developer's obligation pursuant to Section 3 of the Otay Ranch Village One Affordable Housing Agreement. The City has determined that no direct City, Redevelopment Agency or other public sector contribution was given for the development of those Surplus Units. The Surplus Units provide a greater affordability, housing for persons at fifty percent of the Area Median Income, than that required. The Surplus Units are located within an apartment community that provides the balance of the housing units as unrestricted with regard to income and rent. c. Low income housing units. In order to satisfy, in part, Developer's Obligation with regard to low income housing, Developer agrees to construct low income housing units equal to at least five percent of the total number of the Project's residential units less any credits granted in conformance with Section 2.b. of this Agreement. Such units may be provided through a combination of housing types that may include rental housing, "for-sale" housing, second dwelling units or other forms of housing. Should Developer chose to satisfy, in part, its obligation through the use of second dwelling units constructed in compliance with State and local requirements and regulations, Developer agrees to use no more than a six (6) unit credit towards such obligation. In order to receive a one unit credit towards the Developer's affordable housing obligation, the second dwelling unit must have in place deed restrictions which will require the property to be certified as occupied by an eligible low income household and rented at a rate affordable to a low income household of one and a half persons. Developer, in their sole discretion, may opt to have no income or rental rate restrictions for the property, provided that the Developer shall receive a 0.5 credit towards satisfaction of the Developer's affordable housing obligation for each accessory second dwelling unit constructed. The Developer shall commence construction of 70% of the total number of qualified low income housing units required by the Project, on or before the issuance by the City of the 356th building permit for the Project ("Initial Phase"). Developer shall thereafter diligently pursue completion of construction of the Initial Phase with construction of the Initial Phase to be completed no later than one year from the date of commencement of construction of said units. Thereafter, the Developer shall commence construction of the remaining number of qualified low income housing units required by the Project, on or before the City's issuance of the 482nd building permit for the Project ("Remaining Phase"). Developer shall diligently pursue completion of construction of the Remaining Phase with construction of the Remaining Phase to be completed no later than one year from the date of commencement of construction of said units. Commencement of construction shall mean the Developer has obtained a build permit for 5 /ij-// that first building providing units affordable to and restricted for occupancy by low income households. The Developer may deliver 100% of the qualified low income housing units (construct both the Initial phase and Remaining phase) at the time of the Initial Phase. d. Deferral of Obligation. Developer may request in writing deferring satisfaction of some or all of the Affordable Housing Obligation to an identified future Otay Ranch Village in which Developer has ownership. Such request must be submitted to the Director of Community Development and approval of such request is at the sole discretion of the City Council. In considering the deferral of the Obligation to a future Otay Ranch Village, the City must find that such new construction of units would present an "unreasonable hardship to the developer" in light of such factors as, but not limited to, project size, site constraints, market competition, difficulty in integrating due to significant price and product disparity, developer capability, and financial subsidies available. Upon a determination by the City that development of affordable housing within the Project presents an unreasonable hardship, the City must then additionally find that the public interest would be served by allowing some or all of the affordable housing units associated with the Project to be produced or operated at a future Otay Ranch Village. The public interest finding shall be made when staff rrom the City Manager's Office, City Attorney's Office, Community Development Department, and Planning and Building Department reach consensus that the deferral of some or all of Developer's obligation advances the City's housing goals and the relative advantages of the alternative affordable housing site/project substantially outweighs the disadvantages. e. Completion of construction. For purposes of paragraph 2(a) and 2(c) of this Agreement, construction shall be considered completed when final inspection of the low or moderate housing unit has been completed and occupancy and utility clearances have been issued in writing by the City. f. Minor delays. The thresholds described herein for commencing construction of low and moderate income housing units are based upon the current phasing proposals for the Project as shown on the Tentative Map. City and Developer acknowledge that changes to the Project may be required rrom time to time which could have a minor or insubstantial impact on the timing of construction of the low or moderate income housing units. Accordingly, changes to the Project that could result in a delay of less than three months in the construction of such units may, in the City's sole discretion, be considered minor or insubstantial by the City's Community Development Director and made without amendment to this Agreement. All other changes shall require a written amendment to this Agreement. 3. Duty to Identify. Developer shall construct the affordable housing units at the site(s) as identified on Exhibit "D". Such sites were selected based upon the size of the lots necessary to accommodate an accessory second dwelling unit. 6 /'1-/:;2. 4. Duty to Implement Affordable Housing Program. Developer shall cause the Affordable Units to be developed, marketed, rented/sold in accordance with the City's goals, policies and programs contained in the Housing Element of the General Plan and the Affordable Housing Program Implementation Guidelines, and the Project's Sectional Planning Area (SPA) Affordable Housing Plan, as they may be adopted and amended rrom time to time, the terms and conditions of which are hereby incorporated by this reference. In the event that there is an inconsistency between this Agreement and the City's affordable housing policies (collectively the "Affordable Housing Policies"), this Agreement shall control and the parties agree, as City deems necessary, to seek any appropriate modifications to the Affordable Housing Policies to create consistency with the terms and conditions hereof. 5. Demand to Build. Notwithstanding the provisions of paragraph 2 of this Agreement, if the City reasonably believes that the Developer will not reach the building permit thresholds described in paragraph 2 (which would trigger the construction of the low income housing units) or not complete construction of the moderate income housing units, the City shall have the right to demand that Developer construct a proportional amount of low and/or moderate income housing units relative to the total number of residential building permits that have been issued for the Project. The City shall provide the Developer with the written demand to construct the units within a reasonable period of time for the Developer to commence construction of said units. Developer shall complete construction of the low and/or moderate income housing units, as required by this paragraph, within one year of the commencement of construction of the units so demanded. The duty contained in this paragraph is non-cumulative to the duty in paragraph 2 with the City providing the Developer with the appropriate amount of credit for completed construction. 6. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential unit within any residential development within the Project that has not been released in accordance with paragraph 8 herein if the Developer is not in compliance with the terms and/or obligations of this Agreement. 7. Development-Permits, Maps and Documents. Developer shall at its sole expense, cause the preparation and diligent processing of all permits, agreements, plans, maps, and other documents, including but not limited to, market strategy plans, design development plan, and any amendments to the Project's General Development Plan and Section Planning Area Plan that may be necessary to meet the Developer's Obligation in the time rrames set forth herein, or shall cause such actions to occur. City and Developer agree to cooperate with each other in processing Developer's permits for the Project. Any umeasonable delay caused by City in this regard that is not caused by the fault of the Developer shall not be cause for City declaring Developer in default hereunder and Developer's performance schedule may be extended for a period of time equal to such delay provided that Developer has used, and continues to use, its best efforts to cause Project completion in a timely manner. 7 /4-/3 8. Release. a. If Developer transfers any portion of the Project which is subject to the burden of this Agreement, upon request by the Developer or its assignee, the City will release the portion so transferred of the burden of this Agreement as to such assigned portion if such portion has either complied with the requirements of this Agreement or if the Director of Community Development, in the Director's sole discretion, determines that other land within the Project will accommodate Developer's Duty to build low income housing units. b. Upon the sale of any individual unit to a homebuyer, the parties agree that such unit shall be released rrom the provisions of this Agreement. Such release shall not limit or modify in any way Developer's duty to build. c. City further agrees to timely consider any request for release by Developer pursuant to (a) above. When such release is granted, Developer and City agree to amend Exhibit C to identifY those other sites to accommodate the affordable housing units in place of those sites originally identified and subsequently released of such burden. d. In the event that a parcel is to be released pursuant to the provisions of paragraphs (a) or (b) above, the parties agree to execute and record such documentation as is reasonably required by a reputable title insurance company to evidence such release. All costs related to any such release shall be paid by Developer or its assignee; City shall have no responsibility of such costs. e. Upon the recordation of a City-approved regulatory agreement imposing affordable housing covenants with respect to all or any portion of the Project, unless such Regulatory Agreement otherwise expressly provides, the provisions of this Affordable Housing Agreement shall no longer be applicable to such portion of the Project, and the recordation of the Regulatory Agreement shall operate to release such portion of the Project rrom the terms hereof. f. The release of a portion of the Project from the terms of the Affordable Housing Agreement shall in no way alter the obligations of the Developer under the Affordable Housing Agreement with respect to other portions of the Project which shall continue in full force and effect until such time as Developer satisfies, in full, Developer's obligation hereunder. 9. Subordination and Notice. a. Subordination. Developer shall enter into subordination agreements with all lien holders having any interest in the Project to ensure that the provisions of this Agreement bind such lien holders should they take title to all or part of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property. Developer shall deliver to the City the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or before the issuance of the first building permit for the Project. b. Notice. Developer shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of real property within the Proj ect, excluding however, a buyer of an individual housing unit. 8 /1/--/'1 10. General Provisions. a. Authority of Signatories. The individuals signing this Agreement on behalf of the City warrant that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of the City in accordance with a duly adopted resolution of the City Council of the City and (ii) this Agreement is binding upon the City in accordance with its terms. Developer and each individual signing this Agreement on behalf of Developer warrants that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of Developer, and (ii) this Agreement is binding upon the corporation in accordance with its terms. b. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. c. Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective administrators or executors, successors and assigns. Developer hereby subjects the Project to the covenants, reservations and restrictions set forth in this Agreement. The Developer and the City hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the developer's successors in title to the Project; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. e. Modifications. No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. f. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. g. Attorney's fees and costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. 9 - / i.l- / ~ i. Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. j. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records ofthe County of San Diego. k. No Third party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Developer. I. Incorporation of Recitals. The recitals set forth herein are part of this Agreement. m. Assignment. The obligations of the Developer under this Agreement shall not be assigned in whole or apart, without the express written consent of the City in its sole discretion. Any unapproved assignment shall be null and void. (Next page is Signature Page) 10 /1./-- //¡P SIGNATURE PAGE TO AFFORDABLE HOUSING AGREEMENT OTA Y RANCH VILLAGE SIX - MCMILLIN IN WITNESS WHEREOF, City and Developer have executed this Agreement this day of , 2002. CITY OF CHULA VISTA MCMILLIN OT A Y RANCH, LLC, a Delaware Limited Liability Company By: By: McMILLIN OT A Y RANCH, LLC, a Delaware Limited Liability Company, its mrn'~ng mõ,b~ .[ J BY:~ f?o~JJII-J .4. 1C6Jf./"1Ö'l- Vl"6. ,~~,.. Shirley Horton, Mayor Attest: Name: Title: Susan Bigelow City Clerk By: Cl6_ ~¡ ( Approved as to form by Name: I\,;,~..:>"...s: € WCCAOÇ<:¡S: Title: '\J I~ fk£~; I'e &)'Í City Attorney Approved as to form by Attorney for Developer 11 / '1-/1 Council Resolution No. 2002- EXHIBIT A ~Otay Ranch Vicinity Map F=-~J i L"'!li"S ¡ I H ui::; 1\::;)"::1 --3 -.-:¡ p- I CJ1ttana~ ~\...Å . - - -tJ21101 A-I JtI-/~ EXHIBIT B DESCRIPTION OF SUBJECT PROPERTY All the certain real property located in the City of Chula Vista, County of San Diego, State of California, described as follows: B-1 / LJ-j c¡ EXHIBIT C Potential Affordable Housing Sites A-1 Potential Location of Low Income "Accessory Second Units" to satisfy McMillin's low-income requirement. A 2 Location of units to satisfy McMillin's - 35 un~ Moderate Income requirement. B-1 Potential Location of Low Inco.me "Accessory Second Units" to satisfy Qtay Ranch Company's low-income requirement. í.__ " " 1'1\ B-2 Potentjallocation of un~s to satisfy Otay Ranch Co,s 67 Moderate Income requirement. ~..""'""",,,,¡,' '-~::'\:~ :".... \ ~ , II <,', \\ :¡'~ ! Iii. .; I l- i '1/ '/l /I " B-2, :/1 R·9b ruN".' ~ I R-1A_2 : I·, .- , I ¡' //'1=;:' /i . '" If' i " ./..,,,,,,,,.1.: ':, J,~." \\:./ \:, ;-: ~ - :- ~'¡".( ~""" . ~ '<'C'" ~... R-9a R-11/S·2 œ -..-- Bird1RoG Village Six OUy Ranch G.nera¡ o.v.lopment Plan , lena I'1omIng ;:;:;"--=rf'" : ~ ~\¡"'...J 11.''''01 C-l /i.f-po COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 06/18/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the first amendment of the agreement between the City of Chula Vista and Marion B. Borg, and authorizing the Mayor to execute amendment to said agreement. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager O'/ (4/5ths Vote: Yes No X ) The item before the City Council is a request to approve the first amendment to an existing contract with Marion B. Borg Environmental Consulting for environmental consulting services related to mitigation monitoring, and reporting preparation of environmental documents and the coordination and oversight of the preparation of environmental documents for eastern Chula Vista master planned community projects. The first amendment amount is not to exceed $74,260. RECOMMENDATION: That the City Council adopt the Resolution of the City Council of the City of Chula Vista approving the first amendment of the agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting and authorizing the Mayor to sign on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The continuing services of Marion Borg Environmental Consulting is needed to continue working on the environmental review of projects such as the Eastlake Village Center North Shopping Center, Eastlake "Land Swap" property and San Miguel Ranch. Due to her work to date on these issues, consultant is experienced in the area in which her continued services are needed in order for the City to complete its work on these projects in a timely manner. Consultant's services have been reviewed by staff to date and have been found to be satisfactory. Continuity of work on major projects in the City will be assured through an amendment to Consultant's present agreement. Page 2, Item No.: Meeting Date: 06/18/02 Consultant Services Marion B. Borg, Environmental Consulting In October 2001, the City entered into a contract with Marion B. Borg Environmental Consulting for the purpose of mitigation monitoring to insure applicant's compliance with master planned community projects such as the San Miguel Ranch final EIR mitigation measures. The consultant additionally prepared and will continue to prepare environmental documents such as initial studies, negative declarations and mitigated negative declarations for projects in eastern Chula Vista. Additionally, she will provide oversight and coordination of environmental documents such as environmental impact reports for eastern Chula Vista master planned community projects. The City Manager executed the original agreement since the contract amount was for $49,500. The amendment is before Council because the first amendment is in excess of $50,000. The resolution will authorize the Mayor to execute the first amendment to the agreement. Scope of work The detailed scope of work for Marion B. Borg Consulting is set forth in the amendment. FISCAL IMPACT: Developer reimbursements will fund the $74,260 currently proposed for approval. Attachments 1. Original Contract with Marion B. Borg Environmental Consulting dated October 2001. J:\Planning\Rosemarie\Jim\COUNCIL AGENDA STATEMENT Marni.doc Parties and Recital Page(s) Agreement bet~veen City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services This agreement ("Agreement"), dated/~'- ,~'"-~:// , for the purposes of reference only, and effective as of the date last executed unless another date is other,vise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, para~aph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the expertise of an Environmental Consultant is necessary and requires the hiring ora Consultant; and WHEREAS, the Consultant is currently on the City's list of certified environmental consultants; and WHEREAS, implementation of the Planning & Building Department's work plan necessitates the expertise of an environmental consultant and requires the hiring of an environmental consultant; and WHEREAS, the Consultant has demonstrated the ability to perform mitigation monitoring, and the preparation of environmental documents while working as a Temporary Expert Professional for the City of Chula Vista; and WHEREAS, the Consultant is uniquely familiar with the City's environmental process and procedures; and WHEREAS, it is in the City's best interest to waive the City's formal bidding process as well as impractical, in that the City is in immediate need of an experienced environmental consultant; and WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this contract based on the firm's experience and expertise with environmental impact assessment, resource management and mitigation monitoring within this region. 9/26/01 Page d:\Planning\MARILYN\MBBContractrevised.doc WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in Page 2 9/26/01 d:\Planning\MARlLYN\MBBContractrevised.doc the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, 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. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance 9/26/01 Page 3 J:\Planning\MARlLYN\MBBContractrevised.doc Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to 9/26/01 Page 4 J:\Planning\MARlLYN\MBBContractrevised.doc achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph t 1, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 9/26/01 Page 5 J:\Planning\MARILYN\MBBContractrevised.doc Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant-~vill not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 9/26/01 Page 6 d:\Planning\MARILYN\MBBContractrevised.doc E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney- fees) arising from the sole negligence or sole willful misconduct of the City its officers, employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions, those claims arising from the negligence or willful Page 7 9/26/01 j:\Planning\MARILYN\MBBContractrevised.doc misconduct of City its officers, employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than *vould have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9/26/01 Page 8 J:\Planning\MARILYN\MBBContractrevised,doc 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and other~vise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Page 9 9/26/01 j:\Planning\MARILYN\MBBContractrevised,doc 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, 9/26/01 Page 10 O:\Planning\MARILYN\MBBContractrevised.doc modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 9/26/01 Page J:\Planning\MARIkYN\MBBContractrevised.doc Signature Page to Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting for environmental consulting services 1N WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2001 City of Chula Vista by: ~-'~-~ David D. Rowlands, Jr. City Manager Attest: Susan Bigelow, City Clerk Approved as to form: Jo~hn 1~! I~tl~y, City Attorney Dated: q///) ~///0 / Mahon B. Borg Enviornmental Consulting Marion B. Borg, Owner Exhibit List to Agreement (X) Exhibit A. Page 12 9/26/01 j:\Planning\MARILYN\MBBContractrevised.doc Exhibit A to Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting 1. Effective Date of Agreement: October 5, 2001 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Marion B. Borg Environmental Consulting. 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 9/26/01 Page 13 j:\Planning\MARILYN\MBBContractrevised.doc 6. Place of Business, Telephone and Fax Number of Consultant: 16110 Country Day Road Poway, CA 92064 Telephone (858) 676-7987; Fax Number (858) 676-0646 7. General Duties: Under the direction of the Environmental Review Coordinator Marion B. Borg Environmental Consulting wilt function as an Environmental Consultant acting as an extension of the Environmental Review Section staff on various projects. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The primary responsibility of the Environmental Consultant will be to provide environmental review and assessment support to City staff pertaining to environmental projects as identified and approved by the Environmental Review Coordinator. At the direction of City staff, tasks will include but are not limited to: a. Mitigation Monitoring: Verification of Applicant's compliance with the San Miguel Ranch Final EIR (EIR 97-02) Mitigation Monitoring and Reporting Program (MMRP) and associated agreements as they relate to the MMRP including but not limited to reviexv of grading plans, improvement plans, revegetation&abitat enhancement plans and Final Maps; preparation of environmental documents (i.e., Initial Studies, Negative Declarations/ Mitigated Negative Declarations and Addendums) necessary for the implementation of the San Miguel Ranch Sectional Planning Area (SPA) plan, site visits, meetings with the applicant, team meetings and any other activity deemed necessary by the Environmental Review Coordinator to assure Applicant's compliance with the FSEIR for San Miguel Ranch (EIR 97-02); and b. Preparation of Environmental Documents: As deemed necessary by the Environmental Review Coordinator, preparation of environmental documents including Initial Studies, Negative Declarations, Mitigated Negative Declarations and Addendums to previously prepared documents for projects within, but not limited to the Planned Communities located in Eastern Chula Vista including the Otay Ranch and EastLake; and c. Coordination and Oversight of the Preparation of Environmental Documents: As directed by the Environmental Review Coordinator, coordinate the preparation of City environmental documents such as Environmental Impact Reports and Supplemental Environmental Impact Reports including preparation of Notices of Preparation, review of screen check drafts, coordination of public review of documents, preparation of staff reports to 9/26/01 Page 14 J:\Planning\MARlLYN\MBBContractrevised.doc / ')7 / ? Planning Commission and City Council, review of draft Findings of Fact and any necessary statements of overriding considerations and mitigation monitoring reporting program related to the environmental document. All tasks associated with this contract shall be coordinated with and have prior authorization by the Environmental Review Coordinator who will be overseeing administration of the contract. All work performed by the environmental Consultant shall be performed to the satisfaction of the City's Environmental Review Coordinator. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: N/A Deliverable No. 1: Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: April 1, 2002 9. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: All applicable previous environmental documentation the Environmental Review Coordinator deems relevant to each assigned task for each project. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. 9/26/01 Page 15 J:\Planning\MARILYN\MBBContractrevised.doc For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ., payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ 9/26/01 Page 16 J:\PIanning\MARtLYN\MBBContractrevised.doc ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) {X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $49,500.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation ~vithout Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $49,500 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein-shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 9/26/01 Page 17 O:\Planning\MARlLYN\MBBContractrevised.doc Rate Schedule Category of Employee Hourly of Consultant Name Rate Project Manager Marion B. Borg $90.00 (X) Hourly rates may increase annually by 3% for services rendered after January 2002. 1.2. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate (X) Reports, not to exceed $ Cost + 15% (X) Copies, not to exceed $ Cost + 15% (X) Travel, not to exceed $ $0.32/mile (X) Printing, not to exceed $_ Cost + 15% (X) Postage, not to exceed $ Cost + 15% (X) Delivery, not to exceed $__ Cost + 15% ( ) Long Distance Telephone Charges, not to exceed $ : N/A (X) Other Actual Identifiable Direct Costs: Cost +15% not to exceed $ : 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting 14. Liquidated Damages Rate: N/A ( ) $__ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X ) Not Applicable. Not an FPPC Filer. 9/26,01 Page 18 O:\Planninfl\MARlLYN\MBBContractrevised.doc ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: 9t26/01 Page 19 J:\Planning\MARlLYN\MBBContractrevised.doc (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $_ ( ) Other Security: Type:_ Amount: $ (X) Retention. -If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Environmental Review Coordinator. ( ) Other: 9/26/0I Page 20 d:\Planning\MARlLYN\MBBContractrevised.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITYOF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO SAID AGREEMENT WHEREAS, on October 5, 2001 the City approved a $49,500 Agreement with Marion B. Borg Environmental Consulting for consulting services related to mitigation monitoring, the preparation of environmental documents and the coordination and oversight of the preparation of environmental documents; and WHEREAS, the services of Marion B. Borg Environmental Consulting are still needed; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time fÌames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a Vista does hereby approve the First Amendment to the Agreement with Marion B. Borg Environmental Consulting for consulting services related to mitigation monitoring, the preparation of environmental documents and coordination and oversight of the preparation of environmental documents. BE IT FURTHER RESOLVED that the City Council of the City of Vista does hereby authorize the Mayor to execute said First Amendment to the Agreement between the City and Marion B. Borg Environmental Consulting. Presented by: Approved as to form by: Robert Leiter Planning and Building Director ~ .. j¡Y\SûJ~ Jo Kaheny City At omey H:\Attomey\reso for Marui Borg Contract I ,;;,- ;;.. 3 DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ John M. Kaheny City Attorney Dated: 6-12-02 First Amendment to the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting Services /5-;;) 'I DRAFT FIRST AMENDMENT to the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals This First Amendment is effective as of April 2, 2002 by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, Cîty and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordination and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, Exhibit A, item 8D required Consultant to complete all services by April I, 2002; and WHEREAS, Exhibit A, item llC required Consultant to complete all services for $49,500 including all materials, and other "reimbursable" ("Maximum Compensation"); and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to previous work in this project area NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30, 2003 2. Exhibit A, item IIC (I) of the Original Agreement, entitled Compensation, IS hereby amended to read as follows: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the defined services herein required of Consultant for $74,260 including all Materials, and other "reimbursables" ("Maximum Compensation"). / S ...;;>.5 1 3. All other terms and conditions of the Original Agreement not specifically modified by this First Amendment shall remain in full force and effect. SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its tenns: City ofChula Vista Marion B. Borg Environmental Consulting Dated: B~6-~ Marion B. Borg Dated: (þ /!;}/() .J- / I By: Shirley Horton, Mayor Approved as to fonn: John M. Kaheny, City Attorney J:\Planning\Rosemarie\Jim\Mami Contract.doc / 5 -¿;¡.~ 2 CHUI. AVISTA COUNCIL AGENDA STATEMENT Item [~ Meeting Date 6/18//2002 ITEM TITLE: Resolution Ratifying Submittal of a Regional Used Oil Block Grant Application to the California Integrated Waste Management Board· SUBMITTED BY: Special Operations Manager ~ REVIEWED BY: City Manager~[fp ',)~ (4/5tbs Vote: Yes_ No~ BACKGROUND: The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers· Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Block grants are distributed to applicants based on population, approximately $0.43 per person for used oil and $.024 per person for used oil filters. If the City does not apply for a grant in this cycle, the funds that are allocated for the City will either be distributed among the applicants in this year's competitive grant cycle or transferred to the state's general fund. The City has received approximately $1,200,000 in grant funds from 1994 through 2002. The grants are funding used oil public education and recycling programs designed to reduce or eliminate the contamination of the local watershed caused by improper disposal of used oil. This block grant would provide up to $132,679 of additional funds for each of the next three fiscal years to allow the City to continue the primary components of the existing programs through the 2004/2005 fiscal years· RECOMMENDATION: Adopt the resolution as requested by the State. BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed and approved the program design as part of the original grant application. This application funds the same program services for three additional years. DISCUSSION: This application for a used oil block grant requests approximately $132,679 to continue the program funded by the previous used oil grants. The proposed program is briefly outlined in the State's new abbreviated application (Attachment A). This application is a "regional application" that includes Chula Vista, Imperial Beach and National City. Page 2, Item /6 Meeting Date 6/18/2002 Imperial Beach and National City will provide letters from their respective cities documenting their interest in participating in the South Bay Used Oil program. This block grant application provides funds to continue technical assistance and provide new supplies for the forty (40) State certified used oil and oil filter-recycling centers established under the previous grants. The program also provides funding to continue the curbside collection programs in Chula Vista and Imperial Beach. These funds may also be used to assist other South Bay participants that may wish to start curbside use oil programs during the grant cycle. This grant application will also fund the state required public education program. That public education program will allow the City to continue local newspaper advertising, portable displays, point of purchase displays, public service announcements, the used oil and household hazardous waste hotline and billing insert activities. The point of purchase displays provide tear-off sheets with the name, hours and location of used oil recycling centers and are placed at retail outlets that sell motor oil but do not accept used oil for recycling. The used oil interns currently replenish point of purchase displays at approximately 200 stores in the South Bay each month. There is at least one mobile display promoting the South Bay used oil and household toxic waste programs in each of the participating cities. The interns move the displays to a different high traffic business each month to increase public exposure to the program. The program places about six advertisements promoting the program in local papers each year. The interns also distribute posters and premiums such as recycled content pencils, pens, pencil pouches, key chains, oil funnels and bottles at special events and school visits. The total grant request is up to $132,679. No local matching funds are required by the State and none are recommended. A portion of the grant funds are used to fund up to three (3) used oil-recycling interns, and a portion of a clerical support position. Additionally, a portion of the funds, depending on availability and level of grant funding, are used to fund other Conservation Program staff costs as appropriate. FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. When the grant is awarded, staff will return to Council to appropriate the funds for the 2002/2003 fiscal year. The grant funds will be appropriated separately for each additional fiscal year as part of the budget process. This grant provides funds in advance and allows the City to cover any costs required by the program's implementation. mtm:used oil blkgnt02.cas Attachments 2002/2003 Used Oil Recycling Block Grant Application RECYCLE Application Due Date: Postmarked on or before March 28, 2002 USED ()IL Electronic copies of the application can be found at the CIWMB's website: www.ciwmb.ca.gov/usedoil]grants/block/ Applicant: (Ifa regional program, list lead agency first and add/cross out jurisdictions that are no longer participating) Chuta Vista, Imperial Beach and National City. Maximum Total Grant Amount $132,679 Address: 276 Fourth Avenue New Address: (If changed) Chula Vista, CA 91910 Primary Contact: Mike Hice New Primary Contact: (If changed) Printed Name of Primary Contact Printed Name of Primary Contact Title: Solid Waste Specialist Title: Phone: (619) 476-5384 Phone: E-Mail address: mhice~ci.chula-vista.ca.us E-Mail address: Fax: (619) 585-5716 Fax: Signature Authority: David D. Rowlands, Jr. New Signature Authority: (If changed) Printed Name of Signature Authority Printed Name of Signature Authority Title: City Manager Title: Phone: (619) 691-5031 Phone: E-Mail address: drowlands~ci.chula-vista.ca.us E-Mail address: Fax: (619) 409-5884 Fax: Consultant: (If applicable) New Consultant: (If applicable and/or changed) Contact Name: Contact Name: Phone: Phone: E-Mail address: E-Mail address: Fax: Fax: Co-Operative Project: (If applicable) Percentage (%) or Flat Amount to Lead Agency: Lead Agency: Project: Grant Spending Projections Please identify the activities you plan to implement with your fiscal year 2002/2003 Used Oil Recycling Block Grant funds. The amounts you indicated are only estimates you will not be held to these amounts. The grand total must match the total grant amount listed on the front page. Permanent Collection Facility Subtotal $ 13,179__ Non-Certified collection Centers $ Small Quantity Generators $ Certified Collection Centers $__7,179 Agricultural Collection $ Filter Collection $~6,000 Airport Project $ Hauling/Recycling $ Marina Project $ HHW Permanent Facility $ Other $ Temporary or Mobile Collection Subtotal $ Hauling/Recycling $ Small Quantity Generators $ Temporary Events $ Agricultural Collection $ Filter Collection $ Other $ Residential Collection Subtotal $ 10,000__ Hauling/Recycling $ Curbside Collection $ Curbside Collection $__10,000 __ Other $ Door-to-door Collection $ Publicity. and Education Subtotal $ 74,500__ Public Education $ 20,000__ Video $ School Education $ Television $ Containers $ 12,000__ Ne~vspaper $ 3,500__ Radio $ Direct Mail $ Special Events $___2,000 __ Utility Insert $ Transit Ads $ Newsletter $ 3,500 __ Brochure $ 2,500 __ Other POP $ 31,000 __ Stormwater Mitigation Program Subtotal Stormwater Mitigation $ Other $ Load Checking Subtotal $ Load Checking $ Other $ Personnel/Other Subtotal $ 35,000 __ Personnel $ Other $ Co-Operative Project Subtotal $ Grand Total $ 132,679 __ Certification I declare, under penalty of perjury, that all information submitted for the CIWMB's consideration for allocation of grant funds is true and accurate to the best of my acknowledge and belief. ~,~ ~ City Manager /~.~ d']/~ June 10, 2002 Signature of Person Authorized by Resolution Title Date City of National City Office .of the City Manager 1243 National City Boulevard, National City, CA 91950 (619) 336-4240 Tom G. McCabe - City Manager March 28, 2000 California Integrated Waste Management Board Financial Assistance Branch 8800 Cai Center Drive Sacramento, 'CA 95826 Dear Board Staff: The City of National City is dedicated to reduci.ng the impacts of improperly disposed of used oil and household haTardous wastes on our local watershed, land and air. City of National City further recognizes that the South Bay Used Oil Project has worked diligently to provide a broad range of used oil recycling services including: curbside collection, drop-off, point of purchase, education/advertising, school education and a variety of other marketing and public education activities. The City of National City wishes to continue participating in the South Bay Used Oil Recycling Project. City of National City authorizes the City of Chula Vista to submit an application for all available funds under the California Oil Recycling Enhancement Act and all available Household H~7~rdous Waste grants under the California Integrated Waste Management Act for the period of 2000/2003. We understand that as the lead agency for the South Bay Used Oil Project, Chula Vista will equitably and efficiently use the combined Used Oil Block Grant Funds and any future regional Oppommity Grant or Household H~?ardous Waste Grant funds to develop and implement a comprehensive regional approach to used oil recycling and household hazardous waste for all its member cities. We further understand that the City of Chula Vista will work with our jurisdiction to develop and implement a program that will meet any special needs of our jurisdiction during the grant cycle and prior to any future applications authorized by this letter. We are confident that we can work with Chula Vista and the other members of the region to provide an efficient and effective -program that the Board and our respective cities will take pride in. Sincerely, City Manager /~. _ ~ City of Imp Califo erial Beach, mia ~AGER Apdl4,2000 California Integrated Waste Management Board (C1WMB) Financial Assistance Branch 8800 Cai Center Drive Sacramento, CA 95826 Dear ClWMB Board Staff The City of Imperial Beach is dedicated to reducing the impacts of improperly disposed used oil in our community and our local watershed, tand and air environments. The City of Imperial Beach recognizes that the South Bay Used Oil Recycling Project has worked diligently to provide a broad range of used oil recycling services including: curbside collection, drop-off, point of purchase education/advertising, school education and a variety of other marketing and public education activities. The City of Imperial Beach wishes to continue participation in the South Bay Used Oil Recycling Project. The City authorizes the City of Chula Vista to submit an application for all available funds under the California Oil Recycling Enhancement Act under the California Integrated Waste Management Act for the period of 2000/2003. We understand that the lead agency for the South Bay Used Oil Recycling Project, the City of Chula Vista will equitably and efficiently use the combined Used Oil Block Grant funds and any future Regional Opportunity Grant to develop and implement a comprehensive regional approach to used oil recycling for all its member cities. Additionally, we further understand that the City of Chula Vista will work with our jurisdiction to develop and implement a program that will meet any special needs of our jurisdiction during the grant cycle, and prior to any future applications authorized by this letter. Also a resolution has been submitted to our council in support of this grant and upon approval will be submitted to the Board. We are confident we can work with the City of Chula Vista and other members of the region to provide an efficient and effective that the Board and our respective cities will take pride in. .~Sincerely, City Manager HAL RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHULA VISTA RATIFYING SUBMITTAL OF A REGIONAL USED Oil BLOCK GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and rnaintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant for itself and on behalf of the following participating jurisdictions will enter into an agreement with the State California for implementation of a regional used oii collection program. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby ratify the submittal of a regional Used Oil Block Grant application on behalf of the Cities of Chula Vista, Imperial Beach and National City to the California Integrated Waste Management Board. BE IT FURTHER RESOLVED that the City Manager, or its designee, is heeby authorized and empowered to execute in the name of the participating jurisdictions all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant applications. Presented by Approved as to form by Michael Meacham Special Operations Manager ~ J:/attomey/reso/Used oil grant /(p -1 COUNCIL AGENDA STATEMENT Item ~ ' Meeting Date Ju~ ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Assistant City Manager Powell '~ REVIEWED BY: City Manager ~/~ - (4/5ths Vote: Yes No~L) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a quarterly basis since mid- 2001. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to require participation in solid waste service and eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance also allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property Page 2, Item_ [~ Meeting Date June~ owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In May 2002, City Council approved 79 midyear liens on properties valued at $8,570. Since then, Pacific Waste Services has identified and submitted an additional 398 delinquent accounts valued over $47,073 to the city for collection. Through the City's preliminary collection efforts, 303 accounts have been resolved, and the remaining 95 accounts valued at $10,645 are now being submitted for midyear liens (listing available at the City Clerk's office). The account status and property ownership on these accounts have been verified by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges by June 17, 2002 to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Page 3, Item_ Meeting Date ~ Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, an estimated $165,000 should be collected in FY 01-02. These funds would then be forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should recognize an estimated $15,000 increase in Franchise Fees, $3,000 in AB939 fees, and $11,000 in late charges for FY01-02. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in October, 1998, the City Council amended Chapter 8.24 of the Chula vista Municipal Code to establish collection methods for delinquent solid waste service accounts to be placed on the property tax bill for collection; and WHEREAS, the ordinance states upon notification property owners, a public hearing is set for solid service accounts which are over sixty days delinquent; and of the waste WHEREAS, at the hearing, the consider the delinquent accounts together protests by interested parties; and City Council is to with any objections or WHEREAS, at the conclusion of the hearing, the city council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, a public hearing on delinquent assessments was properly noticed for June 18, 2002, at which all protests or objections presented were considered by the city Council; and WHEREAS, staff is recommending that the city Council approve the final listing of delinquent solid waste service accounts as submitted and that these charges be forwarded to the County for placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared by June 17, 2002, as a result of the public hearing set for June 18, 2002, will be removed from the list prior to the submittal of these charges to the County. City of protests approve, by staff NOW, THEREFORE, BE IT RESOLVED the City Council of the Chula vista does hereby (1) overrule any and all or objections presented at the public hearing and (2) with respect to the delinquent account list presented and on file in the office of the City Clerk, assessing /1-if delinquent solid waste service charges as liens upon the respective parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill unless cleared by June 17, 2002. Presented by Approved as to form by JX~~ () CJ.ty Attorney Robert Powell Assistant city Manager J:\attorney\reso\solid waste delinquency 2 ¡rJ-5