HomeMy WebLinkAboutAgenda Packet 2002/10/22 CITY COUNCIL AGENDA
October 22, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUIA VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
October 22, 2002 6:00 P.M.
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
· OATHS OF OFFICE:
Manuel Soto - Cultural Arts Commission
Francisco Rios Parks and Recreation Commission
· PRESENTATION BY DONALD EPPS, CAMPAIGN ACCOUNT REPRESENTATIVE
FOR UNITED WAY, OF AN "EXCELLENCE 1N GIVING" AWARD TO CITY
MANAGER ROWLANDS, RECOGNIZING CHULA VISTA'S LEADERSHIP
CONTRIBUTORS FOR THE 2001 CAMPAIGN
· PRESENTATION BY MARILYN PONSEGGI, ENVIRONMENTAL REVIEW
COORDINATOR, REGARDiNG THE HONORABLE MENTION AWARDED TO
THE CITY FROM THE ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS,
SAN DIEGO CHAPTER, FOR THE POGGI CANYON/OLYMPIC PARKWAY
CREEK RESTORATION PLAN
· PRESENTATION BY ADVOCATION, INC. REGARDING THE 2002 LEGISLATIVE
SESSION HELD IN SACRAMENTO
· PRESENTATION BY PORT COMMISSIONER HALL OF A STATUS REPORT
REGARDING PORT DISTRICT ISSUES
CONSENT CALENDAR
(Items 1 through 22)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmernber, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak 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 M1NUTES of October 8, 2002.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from John McCann, Member of the Planning Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post immediately according to Maddy Act requirements.
B. Letter from Carmen Clifton, Fundraising Committee Member for Southwestern
College requesting financial assistance for the Southwestern College Concert
Choir to perform in Paris, France at the Magnificent Notre Dame Cathedral,
American Cathedral and Chartres Cathedral.
Staff recommendation: Council refer this request to the Visual and Performing
Arts Task Force for consideration at their next meeting.
3. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTiNG
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS, VISTAS AND LAND SWAP), AUTHORIZING THE LEVY
OF A SPECIAL TAX 1N IMPROVEMENT AREA A AND IMPROVEMENT AREA B
OF SUCH COMMUNITY FACILITIES DISTRICT (SECOND READING AND
ADOPTION)
On September 10, 2002, Council held a public heating and adopted resolutions to form
and establish Community Facilities District No. 06-I (CFD 06-I), declaring the necessity
to incur bonded indebtedness for each improvement area, and amending the boundary
map. On September 17, 2002, a special election of eligible property ownei's was held in
the City Attorney's office for the purpose of voting on the formation of CFD 06-I.
Adoption of the proposed ordinance continues the formal proceedings by authorizing the
levy of special taxes within CFD 06-I. (Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. CONSIDERATION OF AMENDMENTS TO THE PUBLIC WORKS DEPARTMENT
BUDGET BY ADDING TWO STORM WATER COMPLIANCE INSPECTOR
POSITIONS, ONE SENIOR MAINTENANCE WORKER AND ONE NEW
MAINTENANCE WORKER I/II FOR THE STORM WATER PROGRAM (Director of
Public Works)
Staff recommendation: Council continue this item to the meeting of November 5, 2002.
5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATiNG
$59,312 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND
FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING
ADDITIONAL STAFF, SUPPLIES, AND CONTRACT COSTS FOR THE PARK
MAINTENANCE SECTION OF PUBLIC WORKS (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda 10/22/02
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATING
$18,250 FROM THE UNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND FOR EQUIPMENT FOR THE PARK
MAINTENANCE SECTION OF PUBLIC WORKS (4/5THS VOTE REQUIRED)
On April 11, 2000, City Council approved the establishment of a maintenance level for
City parks and other property, and a commensurate staff/acreage ratio for the turnover of
recent and future park development and other City property. Consequently, three
Gardener I positions were approved during the two-year budget process for Fiscal Years
2001-2003 for the turnover of 37.25 acres of additional parklands and the new Public
Works Center landscaped areas. However, due to the unanticipated turnover of an
additional 14.20 acres of landscaped areas for the current fiscal year, the Park
Maintenance Section is requesting additional staff and equipment in order to provide the
maintenance levels adopted by Council. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD
UTILITIES ALONG QU1NTARD STREET, FROM THIRD AVENUE TO ORANGE
AVENUE, AND SETT1NG A PUBLIC HEARING FOR THE FORMATION OF
UTILITY UNDERGROUND DISTRICT NUMBER 140 FOR NOVEMBER 12, 2002
AT 6:00 P.M.
On July 1, 2002, Underground Utility Advisory Committee meetings were held at the site
to determine the proposed boundary of an underground utility district for the conversion
of existing overhead utilities. The district's limits extend along Quintard Street, f~om
Third Avenue to Orange Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL
INSTALLATIONS AT THE INTERSECTIONS OF MEDICAL CENTER DRIVE AND
MEDICAL CENTER COURT/WlLDAUER STREET (TF-296) AND MEDICAL
CENTER DRIVE AND EAST NAPLES STREET/EAST NAPLES COURT (TF-297)
On October 2, 2002, the Director of Public Works received sealed bids from three
electrical contractors for this project. The scope of work includes the installation of fully
actuated traffic signal systems and other items necessary to complete the projects.
(Director of Public Works)
Staff recommendation: Council adopt the resolution and award the contract to HMS
Construction, Inc., in the amount of $89,681. ·
Page 3 - Council Agenda 10/22/02
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT TO DION INTERNATIONAL TRUCKS,
1NC., 1N THE AMOUNT OF $245,485 FOR ONE VACUUM SEWER
COMBINATION TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE
CITY OF SAN DIEGO
The City of Chula Vista is participating in a current City of San Diego bid from Dion
International Trucks, Inc., for the purchase of one vacuum combination truck. The City of
Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132
authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. There are no vendors in the
City of Chula Vista that normally furnish this type of heavy equipment. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT
PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN
OTAY RANCH VILLAGE SIX)
Adoption of the resolution approves the form of an acquisition/financing agreement
setting forth the terms by which the public improvements shall be financed by
Community Facilities District No. 2001-2. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR
THE REAL PROPERTY NEEDED FOR FIRE STATION NO. SEVEN, LOCATED AT
THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE
TWO OF OTAY RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN,
INC., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND
CONSTRUCT FIRE STATION NO. SEVEN, LOCATED AT THE SOUTHEAST
CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE TWO OF OTAY
RANCH 1N EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council previously approved Capital Improvement Program project no. PS-150,
which involves the construction of a completed and fully functional 12,000 square-foot,
four-bay fire station including the facilities and site work required to provide fire service
to the eastern territories of the City. The project has been bid and is ready to begin the
final design and construction phase. Adoption of the resolution approves the purchase of
the real property and awards Rudolph and Sletten, Inc. a design build agreement for Fire
Station No. Seven. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda 10/22/02
11. RATIFICATION OF PROPOSED APPOINTMENTS TO FILL EIGHT POSITIONS
ON THE GENERAL PLAN UPDATE STEER1NG COMMITTEE
In July 2002, Council took its initial action to authorize formation of a Steering
Committee and three Subcommittees for the General Plan Update. Staff was to work
through the General Plan Management Team (GPMT) to recommend membership
appointments for ratification by the City Council. Membership for the Subcommittees
was ratified by Council on September 10, 2002. Staff is now returning for ratification of
eight Steering Committee positions. The eight positions were advertised for
approximately one month, and staff has since reviewed the list of interested candidates
with the GPMT, and received its recommendations. (Director of Planning and Building)
Staff recommendation: Council accept the report and ratify the proposed steering
committee members.
12. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 2.41.040, 2.41.050, AND 2.41.060 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE VOT1NG MEMBERSHIP OF THE
NATURE CENTER BOARD OF TRUSTEES
The recent creation of the advisory board for the Nature Center set the voting
membership at nine members based on the former membership of the Bayfront
Conservancy Trust. This amendment sets the voting membership at a minimum of five
with a maximum of nine in order to afford the Council greater flexibility in making
appointments and still meet quorum requirements for conducting commission business.
(Nature Center Director)
Staff recommendation: Council place the ordinance on first reading.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH SOUTH BAY VOLKSWAGEN FOR THE
DONATION OF A VOLKSWAGEN BEETLE TO THE CITY'S LIBRARY
DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO PROMOTE
AWARENESS ABOUT THE DEPARTMENT AND ITS PROGRAMS
South Bay Volkswagen has approached the Library Depamnent about a partnership
whereby the dealership will donate a Volkswagen Beetle and accompanying materials to
the department for one year, to use in a "South Bay Book Bug" program to promote
awareness about the department and its programs. In return, South Bay Volkswagen will
receive recognition as the "South Bay Book Bug" sponsor. Staff recommends approval
of an agreement with the dealership. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
Page 5 - CouncilAgenda 10/22/02
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE SAN
DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE
1N THE AMOUNT OF $48,500 FOR CELEBRATE CHULA VISTA, $15,000 FOR
THE ARTURO BARRIOS INVITATIONAL AND $15,000 FOR TASTE OF THE
ARTS BY THE BAY
This spring, the San Diego Unified Port District (Port District) received funding requests
to partially fund five events or programs in Chula Vista, three of which were submitted
by the City. The Port District granted Chula Vista a lump sum of $78,500, which City
Council allocated at its August 20, 2002 meeting, among three events - Celebrate Chula
Vista, Arturo Barrios Invitational, and Taste of the Arts. The Port District requires that
the City enter into formal agreements, which stipulate conditions and City requirements
for receipt of the approved funding. Adoption of the resolution approves those
agreements for the three events. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING RECLASSIFICATION OF TWO PROGRAMMEPdANALYST
POSITIONS TO LEAD PROGRAMMER/ANALYST, REMOVING THE
ACCOUNTANT AND SENIOR PROCUREMENT SPECIALIST CLASSIFICATIONS
FROM CHULA VISTA EMPLOYEES ASSOCIATION (CVEA), AND ADDING
ACCOUNTANT TO THE CONFIDENTIAL UNIT, AND SENIOR BUYER TO THE
MIDDLE MANAGEMENT GROUP, EFFECTIVE NOVEMBER 1, 2002
The recommendation for reclassification of the Programmer/Analyst positions is based on
the level of job duties and responsibilities, which support more appropriate classification
at the lead level. Similarly, the Senior Procurement Specialist classification should be
Middle Management in recognition of the management duties assigned to that
classification. The recommended reassignment of the Accountant classification to the
Confidential Unit is the result of the positions' involvement in sensitive labor relations
activities and actual/potential supervision of positions in the Confidential Unit. (Director
of Human Resources)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING FUNDS FROM THE WORKERS' COMPENSATION
CONTiNGENCIES ACCOUNT TO THE iNSURANCE PREMIUM ACCOUNT TO
COVER THE INCREASED PREMIUM FOR EXCESS WORKERS COMPENSATION
INSURANCE
The public entity workers' compensation insurance market in California is in a state of
turmoil as a result of September l lth and recent legislative changes regarding the
provision of benefits in California. Premiums have increased 227.3% over the
2001/2002 policy. This unprecedented increase requires the reallocation of already
appropriated workers' compensation contingency funds to cover the cost of the premium
for Fiscal Year 2002/2003. (Director of Human Resources)
Staffrecommendation: Council adopt the resolution.
Page 6 - Council Agenda 10/22/02
17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND
PAGEANTRY CORP AND THE CHULA VISTA HIGH SCHOOL FOR THE
CREATIVE AND PERFORMING ARTS TO CONDUCT THE SIXTH ANNUAL
BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND
WAIVING CITY FEES FOR POLICE SERVICES
The Chun Vista High School Band and Pageantry Corp, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct an
organized band review on Saturday, November 9, 2002. (Chief of Police, Director of
Human Resources, Director of Public Works)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, OTAY PROJECT, L.P. (APPLICANT), AND WIMMER YAMADA
CAUGHEY (CONSULTANT) FOR LANDSCAPE ARCHITECTURAL SERVICES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Otay Ranch Company proposes to develop a Neighborhood Park within the Otay
Ranch Village One West project in satisfaction of the parkland obligation for the Village
One West project. (Director of Building and Park Construction)
Staffrecommendation: Council adopt the resolution.
19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, OTAY PROJECT, L.P. (APPLICANT), AND VAN DYKE LLP
(CONSULTANT), FOR LANDSCAPE ARCHITECTURAL SERVICES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Otay Ranch Company proposes to develop a neighborhood park within the Otay
Ranch Village Six project in satisfaction of the parkland obligation for the Village Six
project. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
20 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED TO IMPROVEMENT AREA A OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF
TERRITORY TO IMPROVEMENT AREA A OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
Page 7 - Council Agenda 10/22/02
McMillin Otay Ranch and Otay Ranch Company have requested that the City conduct
proceedings to consider the annexation of territory into Improvement Area A of the
formation of Community Facilities District No. 97-2 [(Preserve Maintenance District)
(CFD 97-2)]. The conditions of approval of the tentative map for Village Six McMillin
Otay Ranch and Village Six Otay Ranch Company require that said annexation be
completed prior to issuance of the first production home building permit. CFD 97-2 was
formed in 1998 and funds the maintenance of areas that have been conveyed to the
preserve in accordance with the Otay Ranch Resource Management Plan. The City has
retained the services of MuniFinancial as special tax consultant and Best, Best and
Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of
the resolutions initiates the formal proceedings for the annexation to CFD No. 97-2,
Improvement Area A. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
21 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATiNG $210,000 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND TO THE DRA1NAGE FACILITIES MASTER PLAN PROJECT
(DR154), AND APPROPRIATING $315,000 FROM THE AVAILABLE FUND
BALANCE OF THE TRUNK SEWER RESERVE FUND TO THE WASTEWATER
MASTER PLAN (SW223) (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG AN AGREEMENT WITH PBS&J, FOR THE PREPARATION OF A
WASTEWATER MASTER PLAN AND A DRAINAGE FACILITIES MASTER PLAN
FOR THE CITY OF CHULA: VISTA AND AUTHORIZiNG THE MAYOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
Since the current Wastewater Master Plan was prepared, the City has experienced a
significant mount of growth and has also adopted several land use changes. It is
necessary as part of the current General Plan update to update the City's Wastewater
Master plan and Drainage Facilities Master Plan. This update will analyze the City's
wastewater collection and drainage systems to determine the infi'astructures' ability to
support the City for the next 20 years. The master plans will identify system deficiencies,
recommend capital improvement projects and develop financing plans to fund the needed
infrastructure. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIViNG IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT
TO HMS CONSTRUCTION, IN THE AMOUNT OF $115,314 FOR THE
INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT
VARIOUS LOCATIONS 1N THE CITY OF CHULA VISTA FOR FISCAL YEAR
2000/2001, FISCAL YEAR 2001/2002 AND FISCAL YEAR 2002/2003 (PROJECT TF-
279)
Page 8 - Council Agenda 10/22/02
On September 11, 2002, the Director of Public Works received sealed bids fi.om five
electrical contractors for this project. It includes the installation of nme internally
illuminated street name signs on traffic mast arms and forty-seven internally illuminated
street name signs on traffic signal standards. It also includes the rewiring of existing
intersections at four locations: Third Avenue and 'G Street, Second Avenue and 'F'
Street, Bonita Road/'E' Street and Flower Street and only the west leg for Third Avenue
and 'K' Street. (Director of Public Works)
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 future 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.
23. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 08M (VILLAGE SIX - MCMILL1N OTAY RANCH AND THE OTAY
RANCH COMPANY - HEARING CONTINUED FROM OCTOBER 8, 2002 - Director
of Public Works)
Staff recommendation: Council continue the public heating to the meeting of
November 5, 2002.
24. CONSIDERATION OF AMENDMENTS TO CHAPTERS 19.04 AND 19.48 OF THE
MUNICIPAL CODE PERTAINING TO COMMUNITY PURPOSE FACILITIES
(CONTINUED FROM OCTOBER 8, 2002)
The proposed Municipal Code amendments would allow private non-profit recreational
facilities as a conditionally permitted use in the designated Community Purpose Facilities
land use designation, amend the interim uses section to modify the criteria to allow
interim uses, and establish a new definition of "community purpose facilities." (Director
of Planning and Building)
Staff recommendation: Council conduct the public heating and place the following
ordinance on first reading:
Page 9 - Council Agenda 10/22/02
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTERS 19.04 AND 19.48 OF THE CHULA VISTA
MUNICIPAL CODE
25. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY
ORDINANCE MODIFYING THE EXISTiNG TELEGRAPH CANYON SEWER
PUMPED FLOWS DEVELOPMENT IMPACT FEE AND A RESOLUTION TO
ACCEPT THE PUMPED SEWER DEVELOPMENT IMPACT FEE ENGINEERING
STUDY PREPARED BY PBS&J
Adoption of the proposed resolution and ordinances approves the modification to the
Telegraph Canyon Sewer Pumped Flows Development Impact Fee fund to include the
addition of the Poggi Canyon Basin Sewer Interceptor to the list of approved Facilities in
Ordinance No. 2582. These modifications will allow the City to use either the Telegraph
Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer
service to developments within the pumped flow basin until the completion of the Salt
Creek Gravity Sewer Interceptor. It would also result in the decrease of the Development
Impact Fee from $560 to $180 per Equivalent Dwelling Unit. Furthermore, Council is
also being asked to change the name of the development impact fee from "Telegraph
Canyon Sewer Pumped Flows Development Impact Fee" to "Pumped Sewer
Development Impact Fee". The proposed urgency ordinance enables the City to collect
the fee during the 60-day waiting period before the regular ordinance becomes effective.
(Director of Public Works)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution and urgency ordinance and place the ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A REPORT PREPARED BY PBS&J RECOMMENDING THE
UPDATE OF THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE TO ADDRESS CAPACITY CONSTRAiNTS
ON THE TELEGRAPH CANYON TRUNK SEWER
B. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2582 TO ADD THE POGGI CANYON BASIN
SEWER iNTERCEPTOR AS ONE OF THE FACILITIES FINANCED BY THE
TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT
IMPACT FEE AND TO CHANGE THE NAME TO PUMPED SEWER
DEVELOPMENT IMPACT FEE
C. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDiNANCE 2582 TO ADD THE POGGI
CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE FACILITIES
FiNANCED BY THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE AND TO CHANGE THE NAME TO
PUMPED SEWER DEVELOPMENT IMPACT FEE (4/5THS VOTE
REQUIRED)
Page 10 - Council Agenda 10/22/02
26. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A
CONDITIONAL USE PERMIT ALLOWING FOUR ADDITIONAL 10-FOOT
DIAMETER SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE
EXISTING CHULA VISTA CABLE FACILITY LOCATED AT 706 'F' STREET
Approval of this permit brings the existing antennas into conformance with the Chula
Vista Municipal Code. The site currently contains six permitted satellite dish antennas, a
small equipment storage building, four satellite dish antennas and a 40-foot antenna
tower erected without permits. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOUR
ADDITIONAL 10-FOOT DIAMETER SATELLITE DISHES AND A 40-FOOT
ANTENNA TOWER TO THE EXISTING CHULA VISTA CABLE FACILITY
LOCATED AT 706 'F' STREET
27. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY ON
PORTIONS OF ASSESSORS PARCEL NUMBERS 571-050-21, 571-050-22, AND
571-050-24 (502, 510, AND 646 'H" STREET) IN CONNECTION WITH
CONSTRUCTION OF THE 'H' STREET ROAD IMPROVEMENT AND
BEAUTiFICATION PROJECT
The 'H' Street Road Improvement and Beautification project is intended to improve the
quality and appearance of 'H' Street from Broadway to Interstate 5, and to provide an
enticing entryway to the City's downtown and waterfront areas. The beautification
portion of the project includes reconstructed sidewalks, pedestrian-scale lighting, entry
monuments, street trees, and shrubs. As part of the same project and at the same time,
extensive roadway improvements will be constructed along the same segment of 'H'
Street. (Director of Community Development)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC NECESSITY TO
ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF ASSESSORS
PARCEL NUMBERS 571-050-21, 571-050-22, AND 571-050-24 (502, 510,
AND 646 'H' STREET) IN CONNECTION WITH THE CONSTRUCTION OF
THE 'H' STREET ROAD IMPROVEMENT AND BEAUTIFICATION
PROJECT, AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE
SAID RIGHTS-OF-WAY AND POSSESSION OF THE PROPERTY IN THE
MANNER PROVIDED BY LAW
Page 11 - Council Agenda 10/22/02
ACTION ITEMS
Thc items listed in this section of the age,ida are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. 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.
28. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING A SEARCH
AND RESCUE CANINE FROM THE NATIONAL DISASTER SEARCH DOG
FOUNDATION
The National Disaster Search Dog Foundation has awarded a search and rescue canine to
the Fire Department. The National Disaster Search Dog Foundation provides
professionally trained disaster search dogs to Urban Search and Rescue firefighter
handlers at no cost. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A SEARCH AND RESCUE CANINE FROM THE NATIONAL
DISASTER SEARCH DOG FOUNDATION AND AMENDING THE FISCAL
YEAR 2003 FIRE DEPARTMENT BUDGET TO ADD RELATED PROGRAM
SERVICES AND APPROPRIATING FUNDS THEREFOR FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/STHS VOTE
REQtnRED)
29. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FXSCAL
YEAR 2003 BUDGET TO ADD ONE FIRE ENG1NEER TO THE FIRE
DEPARTMENT AND TO RE-ESTABLISH THE FIRE EXPLORER PROGRAM
The Fire Department is requesting the advanced hiring of one Fire Engineer position and
re-establishment of the Chula Vista Explorer Program to address department recruitment
and training needs. The addition of this position was intended to coincide with the
opening of Fire Station 7, scheduled to open in September 2003. Advance hiring will
permit the department to begin the recruitment and training process for new positions
associated with Fire Station 7 and anticipated department turnover. The goal of the fire
explorer program is to introduce young men and women to fire service. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET TO ADD ONE FIRE
ENGINEER TO THE FIRE DEPARTMENT, RE-ESTABLISH THE F1RE
EXPLORER PROGRAM AND APPROPRIATE FUNDS THEREFOR FROM
THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/5THS
VOTE REQUIRED)
Page 12 - Council Agenda 10/22/02
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
30. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
31. MAYOR'S REPORTS
A. Ratification of appointment to the Safety Commission - John Willett
B. Ratification of appointment to the Child Care Commission - Kimberly Appleget
32. 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).
33. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One Case
ADJOURNMENT to a Regular Meeting of November 5, 2002, at 4:00 p.m. in the Council
Chambers.
Page 13 - Council Agenda 10/22/02
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 8, 2002 4:00 P.M.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:13 p.m.
in the Council conference room located in City Hall, 276 Fourth Avenue, Chula Vista,
Califomia.
ROLL CALL:
PRESENT: Councilmembers Davis, Padilla, Rindone, and Salas
ABSENT: Mayor Horton
1. INTERVIEWS FOR PARKS AND RECREATION COMMISSION VACANCY (1)
The Council interviewed the following applicants for one vacancy:
Robert Thomas
John Willett
Francisco Rios
Thomas Wheeler
ACTION: Councilmember Salas moved to appoint Francisco Rios to the Parks and
Recreation Commission. Councilmember Davis seconded the motion and it
carded 4-0, with Mayor Horton absent.
ORAL COMMUNICATIONS
There were none.
ADJOURNMENT
At 5:08 p.m., Deputy Mayor Padilla adjourned the meeting to the Regular Meeting of October 8,
2002, at 6:00 p.m. in the Council Chambers.
Lorraine Bennett, Deputy City Clerk
RECEIVED
Dat~: October 4, 2002
To: O~ce o~e Ci~ Clerk
From: Jo~ McC~n, Piing Co~issioner
Re: Resignation
To the City Clerk of Chula Vista:
This letter is to serve as my formal resignation as Planning Commissioner for the City of
Chula Vista. Due to my being elected to the City Council, City roles will not allow me to
serve on the Planning Commission and the City Council at the same time.
I have enjoyed my years of service on the Planning Commission and look forward to
working for the citizens of Chula Vista as a Councilman.
Sincerely,
ann
OCT 1~ 2002
Supefime.de.t/tr~ide~t COUNCIL OFFICES
CHULA VISTA. CA
David J. Agosto
Dear Mayor Horton and Council Members,
Southwestern College Concert Choir has launched its biggest quest in its Musical History, This
year the choir of sixty-five students is invited to sing in Paris France at the Magnificent Notre
Dame Cathedral, American Cathedral and Chartres Cathedral.
Last year the concert choir was invited to perform in this American Celebration of Music, but the
disaster of September 11th prevented them from fulfilling their plans.
On October 6, 2002 the choir had its pop concert, perfect for the kickoff of their fundraising
which is already under way.
The students are proud to represent the Chula Vista community and the only choir in the State
of California to this international event.
We are asking the Council to please consider in supporting your Community College in
donating funds in order for the students to accomplish their goal.
Thank you for your Consideration.
Student Characteristics
· 52% of the students are working either full-time or part-time
· 75%of all students are district residents (Bonita, Chula Vista, Coronado, Imperial
Beach, National City, San Ysidro and So Dan Diego)
· 5.8% of the students are U. S. Veterans.
· 18% if the students have identified themselves as being the first in their family to attend
college
Sincerely yours,
Carmen Clifton Fundraising Committee
cc: Contact Information
Dr. Terry Russell
Director of Coral Activities
SWC (619) 421-6,700 Ext 5679
Southwestern Community4~olleg¢ DistaSct,~0O Otay Lakes Road, Chula Vista, CA 91910-7299, (619) 421-6700, Fax (619) 482-6413, TrY (619) 482-6470, wx~v. swc.c¢.ca.us
The $oul'hwes~'ern College Concerl' College Cho/r
will be representing San Diego County, California, and the United
States as Ambassadors of Music at the Music Celebrations
Tnternational Festival in Paris, France. Venues
include Notre Dame (right), Chartres, and
American Cathedrals.
We Need Your Support//
Your business can support the choir as a whole or "adopt" an
individual singer.
SWC will feature your place of business in all Concert Programs
throughout the year. In addition, if you like, our choir (or a smaller
core group) will perform for you and your business at any upcoming
functions you may be hosting.
If you have any questions, please contact Carmen Clifton (479-0260) or Barry Smith
(482-1191). Thank You!
Donations can be mailed to (and made out to): SWC Vocal Music Trust
900 Otay Lakes Road
Chula Vista, CA 91910-7299
Attn: Dr. Terry Russell
Name: ~
Address:
Donation: Thank You!
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.~A~STM
ACTING AS THE LEGISLATIVE BODY OF COMIV[~I~'FACILITIES
DISTRICT NO. 06-I (EASTLAKE - WOODS, VIS~'~"~ID LAND SWAP)
AUTHORIZING THE LEVY OF A SPECIAL I~X IN IMPROVEMENT
AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has initiated proceedings, held a public hearing, conducted an election
and received a favorable vote from the qualified electors authorizing the levy of separate
special taxes in separate improvement areas of a community facilities district, all as authorized
pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7
of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO.
06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) ('the "District") and the
improvement areas therein are designated as IMPROVEMENT AREA A and
IMPROVEMENT AREA B (individually, an "Improvement Area" and collectively, the
"Improvement Areas").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 06-I (EastLake - Woods, Vistas and Land Swap), does
hereby ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize (a)
the levy of special taxes on taxable properties located in Improvement Area A pursuant to the
Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Improvement Area A Rate and
Method") and (b) the levy of special taxes on taxable properties located in Improvement Area
B pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit
"B" attached hereto and incorporated herein by this reference (the "Improvement Area B Rate
and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within
Improvement Area A and Improvement Area B for the then current tax year or furore tax
years; provided, however, the special tax to be levied in Improvement Area A shall not exceed
the maximum special tax authorized to be levied pursuant to the Improvement Area A Rate and
Method and the special tax to be levied in Improvement Area B shall not exceed the maximum
special tax authorized to be levied pursuant to the Improvement Area B Rate and Method.
SECTION 3. The special taxes herein authorized to be levied within the Improvement
Areas, to the extent possible, shall be collected in the same manner as ad valorem property
taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a
direct billing procedure for any special taxes that cannot be collected on the County tax roll or
may, by resolution, elect to collect the special taxes at a different time or in a different manner
if necessary to meet its financial obligations.
SECTION 4. The special taxes authorized to be levied in each Improvement Area shall
be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and
Highways Code of the State of California, which lien shall be a continuing lien and shall
secure each levy of the special tax. The lien of the special tax shall continue in force and
effect until the special tax obligation is prepaid, permanently satisfied and canceled in
accordance with Section 53344 of the Government Code of the State of California or until the
special tax ceases to be levied by the City Council in the manner provided in Section 53330.5
of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30)days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J :/attorney/ord/CFD 06-1
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/22/02
ITEM TITLE: Consideration to amend the Public Works Department budget by adding
two Storm Water Compliance Inspectors positions, one Sr. Maintenance
Wroker and one new Maintenance Worker I/II for the Storm Water
Program
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~~{~ ~/ (4/5ths Vote: Yes No X )
RECOMMENDATION: It is recommended that this item be continued to the meeting of
November 5, 2002.
J:~ENGINEER~AGENDA~npdesAdditionalStaff&Equipmentjg cont'd.doc
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/22/02
ITEM TITLE: Resolution Amending the FY 02-03 budget by appropriating
$59,312 from the un-appropriated balance of the General Fund for the
remainder of the current fiscal year and approving additional staff,
supplies, and contract costs for the Parks Maintenance Section of Public
Works.
Resolution Amending the FY 02-03 budget by appropriating
$18,250 from the un-appropriated balance of the Public Facilities DIF
Fund for equipment for the Park Maintenance Section of Public Works
SUBMITTED BY: Director o£Public Works ~ ~
REVIEWED BY: City Manager ~ ~,~- (4/5 Vote: Yes X No )
On April 11, 2000, City Council approved the establishment of a maintenance level for City
parks and other property and a commensurate staff/acreage ratio for the turnover of recent and
future park development and oth~.r~City property. Consequently, three (3) Gardener I positions
were approved during the two-year budget process for FY 2001-2003 for the remover of 37.25
acres of additional parklands and the new Public Works Center landscaped areas. However, due
the unanticipated turnover of an additional 14.20 acres of landscaped areas for the current fiscal
year, the Park Maintenance Section is requesting additional staff and equipment in order to
provide the maintenance levels adopted by Council.
RECOMMENDATION: That Council:
1) Adopt the Resolution amending the FY 02/03 budget by appropriating $59,312
from the un-appropriated balance of the General Fund and approving the addition
of one (1) Senior Gardener, additional personnel costs ($31,822), supply and
service costs ($1,365), water costs ($19,425) and contract costs ($6,700) for the
Park Maintenance Section of Public Works
2) Adopt the Resolution amending the FY 02-03 budget by appropriating $18,250
from the un-appropriated balance of the Public Facilities DIF Fund for equipment
for the Park Maintenance Section of Public Works
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Page 2, Item~'~
Meeting Date 10/22/02
In April of 2000, City Council adopted the following staff/acreage ratio for Park Maintenance:
· For each acre of parkland turned over to the City, .087 of a staff position must be added
to reach required maintenance levels for all future parklands.
Therefore, the additional staff needed for FY2001-03 was calculated as follows:
37.25 acres x .087 = 3.24 staff required
As a result, three (3) Gardener I positions were approved during the two-year budget cycle for
the turnover of additional parklands. Note that a deficit of .24 staff (3.24 - 3.00) now exists for
the Park Maintenance Section.
The following unanticipated park/landscaped areas have been mmed-over to the City during the
current fiscal year:
· Otay Ranch's Breezewood Pasco Park's slopes~ 4.25 acres
· McMillian's Otay Ranch Breezewood Paseo Park's slopes 2.50 acres
· Public Works Center 7.452 acres
14.20 acres
Therefore, a total of 14.44 acres (.24 + 14.20) have been turned-over to the City during the
current fiscal year. The additional staff required can he calculated as follows:
14.44 acres x .087 - 1.26 additional staff
Staff recommends filling the staffing requirement with a Senior Gardner position, which will
allow the section to form a new four-person crew. The Senior Gardener will provide the lead
role necessary for the creation of this crew. The deficit of .26 staff will be added to the staffing
requirement for the next two-year budget cycle including assessing additional staffing needs
associated with the additional turnover of landscape acres.
Estimated personnel costs are $31,8223 for the remainder of the current fiscal year and $55,3324
annually, thereafter. Safety supplies for the new employee will cost an estimated $1,365s
~ Will be turned-over on January 1, 2003.
2 Landscaped area for the PW Center is 10.95 acres; 3.5 acres were accounted for during the 2-year budget process
(10.95 ac -3.5 ac - 7.45 ac).
~ Assumes a start date of 1/01/02 at Step C and includes all benefits and salary and Ilex plan increases as outlined in
the most recent memorandum of understanding between the City and CVEA.
4 Annual costs include a step increase at one year and include all benefits and a salary increase as outlined in the
most recent memorandum of understanding between the City and CVEA.
~ Includes safety supplies & equipment, laundry & cleaning service, and phone service.
Page 3, Item ~
Meeting Date 10/22/02
annually. A roller ($10,000), miscellaneous equipment ($3,2506) and truck-mounted computer
($5,000) are also requested to outfit the new crew. Furthermore, staff recommends increasing
the Park Maintenance Budget by $19,425 for the remainder of the current fiscal year and
$28,000 annually to cover the increase in water costs for an additional 14.20 acres of landscaped
areas to be maintained.
Fire Stations' #3 and #4. newly landscaped areas contain enhanced decorative plants, large
groundcover areas, a variety of trees and complex irrigation systems that require special attention
and care. Therefore, staff reconunends utilizing a private landscape contractor to maintain these
areas, which will cost approximately $6,700 for the remainder of the current fiscal year and
10,000 annually thereafter.
FISCAL IMPACT:
The total impact to the General Fund is $59,312, including personnel costs ($31,822), service
and supply costs ($1,365), water costs ($19,425), and contract costs ($6,700). The ongoing total
cost is anticipated to increase to $94,697 annually, including personnel costs ($55,332), supply
and service costs ($1,365), water costs ($28,000), and contract costs ($10,000). The total fiscal
impact to the Public Facilities Development Impact Fee Fund for a roller ($10,000),
miscellaneous equipment ($3,250) and truck-mounted computer ($5,000) for outfitting the new
crew will cost $18,250 (a one-time cost).
File: 0330-40-AK
H:\Public Works Operations~A113 Park StaffRequesta.doc
6 Edger ($600); blower ($475); 2 weed-eaters ($400 each); hedge trimmers ($375); roto-tiller ($550); backpack
sprayer ($100); & misc. tools ($350).
A 113 Park Maintenance Appropriations
PART 1 - Personnel, Supply & Service Cost
Ora Kev Obiect
Personnel Services
16783 6001
16783 6201
16783 6221
16783 6231
Supply & Services
16783 6499
16783 6571
16783 6574
16783 6543
16783 6881
Deseriotion
Salary & Wages
Empl BenefiVlife/L TD
Retiremt Cont
Medicare Cont
TOTAL
Laundry & Cleaning
Phane Service
Water
Training
Wearing Apparel
TOTAL
PART 2 - Equipment Cost
57400 7409 Roller
57400 7409 Mise Equipment
57400 7401 Computer Equipment
TOTAL
PART 3 . Contracting Cost
16795 6401 Other Contractual Services
TOTAL APPROPRIATIONS
5-Lf-
Amount
$26,211
2,929
2,301
380
$31,822
$225
640
19,425
150
350
$20,790
$10,000
3,250
5,000
$18,250
$6,700
$77,562
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 02-03 BUDGET BY
APPROPRIATING $59,312 FROM THE UNAPPROPRIATED
BALANCE OF THE GENERAL FUND FOR THE REMAINDER
OF THE CURRENT FISCAL YEAR AND APPROVING
ADDITIONAL STAFF, SUPPLIES, AND CONTRACT COSTS
FOR THE PARK MAINTENANCE SECTION OF PUBLIC
WORKS
WHEREAS, on April 1 l, 2000, City Council approved the establishment of a
maintenance level for City parks and other property and a commensurate staff/acreage ratio for the
turnover of recent and future park development and other City property; and
WHEREAS, consequently, three (3) Gardener I positions were approved during the
two-year budget process for FY 2001-2003 for the tumover of 37.25 acres of additional parklands
and the new Public Works Center landscaped areas; and
WHEREAS, due to the unanticipated turnover of an additional 14.20 acres of
landscaped areas for the current fiscal year, the Park Maintenance Section is requesting additional
staffand equipment in order to provide the maintenance levels adopted by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby amend the FY 02-03 budget by appropriating $59,312 from the unappropriated
balance of the General Fund for the remainder of the current fiscal year and approving the addition
of one (1) Senior Gardner, additional personnel costs ($31,822), supply and services costs ($1,365),
waters costs ($19,425) and contract costs ($6,700) for the Park Maintenance Section of Public
Works.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 02-03 BUDGET BY
APPROPRIATiNG $18,250 FROM THE UNAPPROPRIATED
BALANCE OF THE PUBLIC FACILITIES DIF FUND FOR
EQUIPMENT FOR EQUIPMENT FOR THE PARK
MAiNTENANCE SECTION OF PUBLIC WORKS
WHEREAS, on April 11, 2000, City Council approved the establishment of a
maintenance level for City parks and other property and a commensurate staff/acreage ratio for the
remover of recent and future park development and other City property; and
WHEREAS, consequently, three (3) Gardener I positions were approved during the
two-year budget process for FY 2001-2003 for the turnover of 37.25 acres of additional parklands
and the new Public Works Center landscaped areas; and
WHEREAS, due to the unanticipated turnover of an additional 14.20 acres of
landscaped areas for the current fiscal year, the Park Maintenance Section is requesting additional
staff and equipment in order to provide the maintenance levels adopted by Council.
NOW, THEREFORE, BE iT RESOLVED that the City Council of City of Chula
Vista does hereby amend the FY 02-03 budget by appropriating $18,250 from the unappropriated
balance of the Public Facilities DIF for equipment for the Park Maintenance Section of Public
Works.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/22/02
ITEM TITLE: Resolution Declaring City's intention to underground overhead
utilities along Quintard Street from Third Avenue to Orange Avenue and
setting a public hearing for the formation of Utility Underground District
Number 140 for November 12, 2002 at 6:00 p.m.
SUBMITTED BY: Director of Public Works~/l~y?(~~//
REVIEWED BY: City Manager~)/~"0,~.~ r (4/Sths Vote: Yes No X )
On July 1,2002, Underground Utility Advisory Committee (UUAC) meetings were held at the site
to determine the proposed boundary of an underground utility district for the conversion of existing
overhead utilities. The proposed boundary is shown on attached Exhibit A. The district's limits
extend along Quintard Street from Third Avenue to Orange Avenue.
RECOMMENDATION: That Council approve the resolution declaring the City's intention to
underground overhead utilities along Quintard Street from Third Avenue to Orange Avenue and
setting a public hearing for the formation of Utility Underground District Number 140 for November
12, 2002 at 6.:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Underground Utility Advisory Committee (UUAC), consisting of representatives of SD&E,
Pacific Bell, Cox Communications, Chula Vista Cable and the City, agreed to propose to the City
Council the formation of a district for the conversion of overhead utilities to underground along
Quintard Street, between Third Avenue to Orange Avenue. The proposed utility undergrounding
district along Quintard Street is about l, 100 feet long running from Third Avenue to Orange Avenue
(See Exhibit A). The estimated cost for undergrounding the utilities is $280,000. The Average
Daily Traffic (ADT) count on Quintard Street between Third Avenue and Orange Avenue is
approximately 2,500.
Staff recommends the formation of this conversion district along this section of Quintard Street
because:
1. A Sidewalk Assessment District is in the process to be formed, and is anticipated to be
approved by Council within the next six months.
2. This segment of Quintard Street is classified in the General Plan's Circulation Element as a
Class I1 Collector.
Page 2, Item ~
Meeting Date 10/22/02
3. The undergrounding of existing overhead utilities will contribute to the creation of an
aesthetically pleasing street.
4. Quintard Street serves as connection street between two arterial streets, Orange Avenue and
Third Avenue.
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public
hearing to determine whether the public health, safety, and general welfare requires the
undergrounding of existing overhead utilities within designated areas of the City to give persons the
opportunity to speak in favor of or against the formation of a proposed district to underground
utilities. The purpose of forming the district is to require the utility companies to underground all
overhead lines and to remove all existing wooden utility poles within the District and to require
property owners to convert their service connections to underground.
The conversion work by the property owners involves trenching, backfill and conduit installation
from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a
mechanism that helps property owners with the cost of the conversion work from the distribution
lines to the structure. Said policy provides for the reimbursement of property owners at a rate of $35
per lineal foot of trenching, which is normally sufficient to cover total costs. Exhibit B shows a
reimbursement schedule listing reimbursement amount for all 15 affected properties. The total
reimbursement is approximately $32,500 and is included in the overall cost estimate of $280, 000.
Due to limited timeframe between the Utility Undergrounding project and the construction of street
improvements within the district, the conversion work within private property will be conducted by
SDG&E and the City of Chula Vista. The conversion work by the SDG&E will involve trenching,
backfill and conduit installation from property line to point of connection. The City of Chula Vista
will be in charge of hiring an electrician to performed electric service panel and/or "pull can"
installation. Ali work done by SDG&E and the City of Chula Vista will be borne by SDG&E's
allocation funds (Rule 20-A).
Approval of this resolution will set a public hearing to be held during the City Council meeting of
November 5, 2002 at 6:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the
formation of this district.
Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each
utility company of the time and place of the public hearing at least 15 days prior to the date of the
public hearing. Notice is to be given by mail to all property owners and occupants of properly
located within the boundaries of the proposed district. The City Clerk is required by said section of
the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no
less than five days prior to the date of the public hearing.
Page 3, Item
Meeting Date 10/22/02
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private
property conversion reimbursements as outlined above is estimated to be approximately $280,000.
SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. All staff costs
associated with the formation of this district is not reimbursable from the allocation funds and,
therefore, are borne by the general fund.
Attachment: Exhibit A - Boundary Map
Exhibit B - Reimbursement Schedule
JSEngineer~ADVPLAN~UUDIST\Quintard St\UUD Quintard intent~n.lal.doc
FOURTH AVE
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING CITY'S INTENTION TO UNDERGROUND
OVERHEAD UTILITIES ALONG QUINTARD STREET FROM THIRD
AVENUE TO ORANGE AVENUE AND SETT1NG A PUBLIC HEARING
FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT
NUMBER 140 FOR NOVEMBER 12, 2002 AT 6:00 P.M.
WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the
creation of underground utility districts and requires as the initial step in such procedure the holding
of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication, or similar or associated
service in any such district; and
WHEREAS, on July I, 2002, Underground Utility Advisory Committee (UUAC) meetings
wcre held at the site to determine the proposed boundary of an underground utility district for the
cooversion of existing overhead utilities along Quintard Street from Third Avenue to Orange
Avenue; and
WHEREAS, it has been recommended that such an underground utility district, hereinafter
called "District", be formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers
of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 12th day of November,
2002, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric, communication, or similar
associated service in the District hereinabove described. At such heating, all persons interested shall
be given an opportunity to be heard. Said hearing may be continued from time to time as may be
determined by the City Council.
2. The City Clerk shall notify all affected property owners as shown on the last equalized
assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of
this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the
date thereof.
3. The area proposed to be included in the District is as shown on Exhibit A attached hereto
and made a part hereof by reference.
Presented by Approved as to form by
'7. /Jo,---
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J:\uttorney\reso\UUD Intention 140
2
COUNCIL AGENDA STATEMENT
Item ~7
Meeting Date 10/22/02
ITEM TITLE: Resolution Accepting bids and Awarding Contract for the "Traffic
Signal Installations at the intersection of Medical Center Drive and Medical
Center Court/Wildauer Street (TF-296) and Medical Center Drive and East
Naples Street/East Naples Court (TF-297) in the City of Chula Vista,
Califomia."
SUBMITTED BY: Director of Public Works~'J~q~V
City Manager ~,~ (4/Sths Vote: Yes No X )
REVIEWED
BY:
At 2:00 p.m. on October 2, 2002, the Director of Public Works received sealed bids from three (3)
electrical contractors for the "Traffic Signal Installations at the intersection of Medical Center Drive
and Medical Center Court/Wildauer Street (TF-296) and Medical Center Drive and East Naples
Street/East Naples Court (TF-297) in the City of Chula Vista, California." The scope of work
includes the installation of a fully actuated traffic signal systems and other items necessary to
complete the projects.
RECOMMENDATION:
That Council Accept Bids and Award the Contract for the "Traffic Signal Installations at the
Intersection of Medical Center Drive and Medical Center Court/Wildauer Street (TF-296) and
Medical Center Drive and East Naples Street/East Naples Court (TF-297) in the City of Chula Vista,
California" to HMS Construction, Inc. in the amount of $89,68 1.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The installation of traffic signal systems at the subject intersections was approved and budgeted for
the Fiscal Year (FY) 2001-2002 Capital Improvement Program (CIP). The funding sources for both
intersections are Transportation Development Impact Fee (DIF) and Traffic Signal Funds. These
intersections were ranked first for TF-296 and second for TF-297 on the City's "Traffic Signal
Priority List." To speed up the process for this installation, traffic signal equipment was pumhased
ahead of schedule due to the recent equipment shortages and anticipated delay of delivery.
The work to be done for the two traffic signals will include the installation of controllers, cabinets,
signal standards, mast arms Lighting Emitting Diode (LED) 12" indications, Internally Illuminated
Street Name Signs (IISNS), other signs, meter pedestal, Uninterruptible Power Supply (UPS)
Page 2, Item
Meeting Date 10/22/02
system, luminaires, trenching and conduit, Emergency Vehicle Preemption (EVPE), video detection,
conductors, cables and wire intersections, striping, restoration of existing improvements and the
construction of all appurtenances and other miscellaneous work necessary to make the traffic signal
systems complete and operational.
Bidding Process
Traffic engineering staff recently prepared plans and specifications for these projects. Staffalso
prepared a combined construction cost estimate of $99,520.00 using average unit prices of recently
received bids from contractors on similar types of projects.
On October 2, 2002, staff received bids from the following contractors:
i ~~ l~'-d- - x~=III O-'-~1 n~'~t~
i 3 ! Lekos Electric, Inc.
The low bid, submitted by HMS Construction, Inc., is below the final engineer's estimate of
$99,520.00 by $9,839.00 or approximately 10%. The Contractor has completed recent projects in
the City with a favorable performance.
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).
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (HMS Construction, Inc.) $89,681.00
B. Equipment Costs $125,657.95
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $289,~bTb~--
Page 3, Item '[
Meeting Date l 0/22/02
FUNDS AVAILABLE FOR CONSTRUCTION
i A. TF-296- Traffic Signal Fund $66,000.00
TF-296- Trans DIF Fund $66,000.00
B. TF-297- Traffic Signal Fund $78,500.00
TF-297- Trans DIF Fund $78,500.00
i TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $289,000.00
After completion of construction, annual energy and maintenance costs are estimated to be $3,500.00
for each intersection.
Attaclmaents: Contractor's Disclosure Statement
JSEngineer~AGENDA\TF296-297A 113,micro.doc
Prepared by: Mari Malong
Reviewed by: Majed A1-Ghafry
THE CITY OF CHULA VISTA DISCLOSURE 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 contributions 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 the contract, e.g., owner, applicant, contractor, subcontractor, and 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 (l) 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 identi~ every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
D JALD I.
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~/
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 the/past twelve (12) months to a current
member of the Chula Vista City Council? Yes No. ~/- If Yes, which Counc member?
'
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chub 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 includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No v/ If Yes, which official** and what was
the nature of item provided? -- -
M Ok A6-'b
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal 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 staffmembers.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF Tlq, E CITY OF
CHULA VISTA ACCEPTING BIDS, AND AWARDING
CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATIONS
AT THE INTERSECTION OF MEDICAL CENTER DRIVE
AND MEDICAL CENTER COURT/WlLDAUER STREET (TF-
296) AND MEDICAL CENTER DRIVE AND EAST NAPLES
STREET/EAST NAPLES COURT (TF-297)
WHEREAS, at 2:00 p.m. on October 2, 2002, the Director of Public Works received the
following three sealed bids for the "Traffic Signal Installation at the intersection of Medical
Center Drive and Medical Center Court/Wildauer Street in the City of Chula Vista, Ca. (TF-
296)" and Medical Center Drive and East Naples Street/East Naples Court:
o. Contractor
1 HMS Construction, Inc.
$89,68100
WHEREAS, the low bid, submitted by HMS Construction, Inc., is below the final
engineer's estimate of $99,520.00 by $9.839.00 or approximately 10%; and
WHEREAS, the contractor has completed recent projects in the Ci~ and its perfmmance has
been satisfacto~; and
WHEREAS, 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).
NOW, THE~FORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for "Traffic Signal Installation at the
intersection of Medical Center Drive and Medical Center Cou~/Wildauer Street (TF-296) and
Medical Center Drive and East Naples Street/East Naples Court in the City of Chun Vista, Ca.
(TF-297)" to HMS Construction, Inc. in the amount of $89,681.00.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to fo~ by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/22/2002
ITEM TITLE: Resolution awarding a Purchase Agreement to Dion International
Trucks, Inc., in the mount of $245,485 for one vacuum sewer combination
truck through a cooperative purchase with the City of San Diego
SUBMITTED BY: Director of Public Works ~
Assistant City Manager Powell
REVIEV~ED BY: City Manager ~f~e~'~ (4/5ths Vote: Yes
No
X
)
The City of Chula Vista is participating in a current City of San Diego bid from Dion
International Trucks, Inc. for the purchase of one vacuum combination truck. The City of Chula
Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the
Purchasing Agent to participate in cooperative bids with other government agencies for the
purchase of materials of common usage. There are no vendors in the City of Chula Vista that
normally furnish this type of heavy equipment.
RECOMMENDATION: That the City Council approve the resolution awarding a Purchase
Agreement to Dion International Truck, Inc. in the amount of $245,485 for one combination
vacuum truck.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
On February 21, 2002, the San Diego Regional Water Quality Control Board adopted the new
National Pollutant Discharge Elimination System (NPDES) permit, Order No. 2001-01. Council
on September 17, 2002, in concurrence with the NPDES requirements, approved the
appropriation of $250,000 from the Public Facilities Development Impact Fee Fund for the
purchase of one vacuum combination truck. This resolution is to award the purchase agreement
for that track.
FISCAL IMPACT: The net total cost including taxes is $245,485. Funds of $250,000 have
already been appropriated from the Public Facilities Development Impact Fee Fund (57400-
7406). Therefore, approval of this resolution represents a net savings of $4,515.
File No: 1320-50-DH
OABob\equipmonfiA 113 Combo Cleaner FY03.doo
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CHULA VISTA
AWARDING A PURCHASE AGREEMENT TO DION
INTERNATIONAL TRUCKS, INC. IN THE AMOUNT OF $245,485
FOR ONE VACUUM SEWER COMBiNATION TRUCK THROUGH A
COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO
WHEREAS, on February 21, 2002, the San Diego Regional Water Quality
Control Board adopted the new National Pollutant Discharge Elimination System
(NPDES) permit, Order No. 2001-01; and
WHEREAS, Council on September 17, 2002, in concurrence with the NPDES
requirements, approved the appropriation of $250,000 from the Public Facilities
Development Impact Fee Fund for the purchase of one vacuum combination truck; and
WHEREAS, the City of Chula Vista is participating in a current City of San
Diego bid from Dion International Trucks, Inc. for the purchase of one vacuum
combination truck; and
WHEREAS, Chula Vista Municipal Code Section 2.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of conUnon usage; and
WHEREAS, there are no vendors in the City of Chula Vista that normally furnish
this type of heavy equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby award a Purchase Agreemcnt to Dion International Trucks, Inc.
in the amount of $245,485 for one vacuum sewer combination truck through a
cooperative purchase with the City of San Diego.
Presented by Approved as to form by
John P. Lippitt ~qVl. Kaheny ~
Director of Public Works ~ty Attorney
J :/attomcy/reso/tr uck coop bid
Page 1, Item 'J]
Meeting Date: 10/22/02
COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution of the City Council of the City of Chula Vista,
California, approving the form of an Acquisition/Financing Agreement
pertaining to Community Facilities District No. 2001-2 (McMillin Otay
Ranch Village Six)
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ffep~ (4/5ths Vote: Yes No X)
On July 9, 2002 Council approved the Resolution of Intention to establish Community Facilities
District No. 2001-2 (CFD No. 2001-2) and set the public heating for August 13, 2002. On August
13, 2002 the City considered the approval of two Resolutions; 1) to form and establish a Community
Facilities District No. 2001-2; and 2) declaring necessity to incur bonded indebtedness. On August
20, 2002 a special election of eligible property owners was held at the City Attorney's office for the
purpose of voting on the formation of the CFD No. 2001-2. The results of the special election were
declared and certified and the first reading of the Ordinance authorizing a levy of special taxes was
introduced on August 27, 2002.
Tonight's action will approve the form of an Acquisition/Financing Agreement setting forth the
terms by which the public improvements shall be financed by CFD No. 2001-2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
Approve the Resolution approving the form of an Acquisition/Financing Agreement that (i)
establishes the terms and conditions pursuant to which the City will acquire the authorized
public improvements, (ii) establishes the terms and conditions pursuant to which the District
will agree to issue special tax bonds to finance the acquisition of such improvements and (iii)
establishes the procedure for acquiring the improvements from the developer within
Community Facilities District No. 2001-2.
DISCUSSION:
Background
As noted above, on August 13, 2002, the City Council held a public hearing pertaining to the
formation of CFD No. 2001-2; the levy of special taxes within the District; and the necessity to incur
a bonded indebtedness of the District. Following the public hearing, the City Council adopted
rcsolutions that made preliminary findings, passed upon the protests, approved the Special Tax
Page 2, Item /I
Meeting Date: 10/22/02
Report, formed CFD No. 2001-2 and authorized the submittal to the qualified electors of within CFD
No. 2001-2 of ballot measures to authorize the levy of special taxes within CFD No. 2001-2,
attthorize the issuance of bonds of CFD No. 200 l-2 and establish an appropriations limit for CFD
No. 2001-2. On July 9, 2002, Council adopted the District boundaries, declared its intent to establish
CFD No. 2001-2 and to issue bonds, the Rate and Method of Apportionment was also presented for
the first time.
The public hearing was held pursuant to the provisions of the "Mello-Roos Community Facilities
Act of 1982". Community Facilities Districts such as CFD No. 2001-2 provide the necessary
funding mechanism for the acquisition or construction of public improvements by levying an annual
"special tax", which is collected from the property owners in conjunction with the property taxes.
On August 20, 2002, in the City Attorney's office, the City Clerk, acting as the election official,
conducted a special election and the qualified electors of CFD 2001-2, i.e., the owners of land voted
to authorize the levy of special taxes on property of CFD No. 2002-1; to authorize the issuance of
bonds of CFD No. 2001-2 and to establish an appropriations limit for CFD No. 2001-2. The City
Clerk and the Special Tax Consultant presided over the proceedings, verified the eligible voters,
signatures, and presented the election ballots. The results of the special election declared on August
27, 2002 showed 100% of the votes were cast in favor of authorizing the levy of the proposed special
tax, the issuance of the bonds secured by such special taxes and the establishment of an
appropriations limit for CFD No. 2001-2. The results of the election were certified and the levy of
special taxes was authorized on August 27, 2002.
There is no cost to the City. The expenses related to the district administration (including levying
and collecting the special taxes) will be funded by the CFD No. 2001-2 The ultimate security for the
bonds are the properties located within the district, not the City's General Fund or its ability to tax
property within its jurisdiction. CFD No. 2001-2 has been formed in conformance with the "City of
Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998.
The Acquisition/Finance Agreement for CFD No. 2001-2 is consistent with established Ordinances
and Council Policies. In addition, staffhas met with the developer to discuss their concerns, clarify
the intent of the policies and ordinances, and review the methodology for the apportionment of the
special taxes. All of the issues raised by the developer have been discussed and solutions,
satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment"
(RMA).
The Improvements
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, and utilities) and public facilities DIF improvements.
Following is a general description of the proposed facilities including, but not limited to:
· Olympic Parkway
Page 3, Item ~
Meeting Date: 10/22/02
· La Media Road South (East Palomar Street to Olympic Parkway)
· La Media Onsite-(Olympic Parkway to Santa Venetia)
· Santa Venetia Street
· Magdalena Street Phases 1-3
· La Media Road Offsite (Santa Venetia to Birch Parkway)
· Birch Parkway Onsite (Magdalena to SR-125)
· Birch Parkway Offsite (La Media Road to Magdalena)
· La Media Bridge (between Villages 6 & 2); proportionate share
· East Olympic Parkway Bridge (between SPA 1 and Village 6); proportionate share
· Common Usable Open Space located between R-1 and R-3
In addition to the above improvements, this CFD's bonding capacity may be used for the "Traffic
Enhancement Program" within the greater eastern territories of Chula Vista. These transportation
facilities will be traffic capacity adding improvements and will include but not be limited to the
following project:
· Telegraph Canyon Road / 1-805
Preliminary estimates show that the maximum tax revenue (using the proposed taxes) from all the
taxable properties would support a total bonded indebtedness of approximately $9.2 million
(assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale mount of $9.2 million
will finance approximately $7.3 million in facilities (i.e. grading, landscaping, streets, utilities,
drainage, sewer, etc). The balance provided would provide for a reserve fund, capitalized interest and
pay district formation and bond issuance costs.
As noted above, it is currently estimated that only $9.2 million will be available for funding by this
district. However, the district will be sized for $I3 million to give the City flexibility in sizing the
bonds and to take advantage of lower interest rates should they occur. A final priority list and cost
estimates for each of the eligible improvements for CFD No. 200l-2 financing has been further
defined within the Acquisition/Financing Agreement being considered tonight.
The City may, in its sole discretion, elect to authorize and make the proceeds of any series of bonds
issued for the District available to pay the cost of construction or the purchase price for the
acquisition of improvements for Interim Transportation Facilities. This could result in the revision
of the facilities priority structure for the utilization of such proceeds.
Ultimately, as subdivision exactions, the developer will finance required improvements that this
CFD district cannot finance. In addition, the proposed CFD lies within the City of Chula Vista's
Transportation Development Impact Fee (TDIF) benefit area that places a cap on the CFD's ability
to finance certain TDIF improvements. Staffand the consultant team are working with the developer
to maximize the TDIF facilities to be constructed by the District
The actual amount to be financed by CFD No. 2001-2 would depend upon a number of factors
including final interest rate on the bonds and the value to lien ratio. The actual amount may be
Page 4, Item !
Meeting Date: 10/22/02
higher or less than the $9.2 million mentioned above.
The Resolution
The Resolution, APPROVING AN ACQUISITION/FINANCING AGREEMENT for Community
Facilities District No. 2001-2 (McMillin Otay Ranch Village Six) is the formal action approving the
Acquisition/Finance Agreement, (Exhibit 1). If adopted, the Agreement will accomplish the
following:
· Establishes the order of priority of improvements to be financed by CFD No. 2001-2.
· Establishes the procedure for acquiring the improvements from the developer;
· Requires that the improvements (or specified components thereof) be fully completed and
accepted by the City prior to acquisition.
· The agreement provides that the City may reimburse 75% of the total cost of the grading,
drainage, paving, utilities, and landscaping improvements upon the determination by the City
Engineer that those improvements have been installed per approved plans with required City
Inspection. Those facilities may not be functional at that time, and certain activities (i.e.
testing, completion of punch list, preparation of as-built drawings) may still be pending. The
25% final payment may be made once all projects within a phase are fully complete and
accepted by the City.
· The agreement also conditions the purchase of said improvements to developer's compliance
with all the applicable conditions and obligations imposed on the property within CFD No.
2001-2 pursuant to the land use entitlements approved by the City, including but not limited
to, payment of all applicable fees, dedication o frights -of-way or other property (i.e. parks,
open space, etc), payment of assessments installments or special taxes, and construction of
all applicable public improvements.
· The Agreement memorializes the requirement to pay into the City's General Fund an amount
equal to One-percent (1%) of the principal amount of each series of bonds, in accordance
with the CFD Policy, as consideration for the City's agreement to use the City's bonding
capacity to provide the financing mechanism for the construction of the proposed
improvements. Based on an estimated bond sale amount of $13 million said monetary
consideration would be $130,000. Said amount shall be paid prior to bond sale (scheduled
for late 2002).
Staff has reviewed the proposed agreement and believes that 1) the 25 % payment retention, and 2)
the condition requires compliance with approved land use entitlement will provide enough security
to guarantee completion of the improvements while ensuring the financial health of CFD No.
2001-2. The City retained the firm of Best, Best and Krieger, LLP as Bond Counsel for CFD No.
2001-2. Bond Counsel drafted this agreement for and on behalf of the City with input and review
Page 5, Item C[)
Meeting Date: 10/22/02
by the City Attorney, Engineering Division staff, developer legal council, developer and financial
team.
Future Actions
Early next year, the City Council will consider the formal actions approving the necessary bond
documents pertaining to CFD No. 2001-2. These documents will be Preliminary Official Statement,
Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related to
the bond sale.
FISCAL IMPACT:
There will be no direct fiscal impact to the City. The developer has paid and will continue to pay all
formation costs and has deposited money to fund initial consultant costs, and City staff costs in
accordance with the approved Reimbursement Agreement. The City will receive the benefit of the
full cost recovery for staff time involved in district formation and annual administration activities.
Staff anticipates that most of the CFD No. 2001-2 administration will be contracted out. The CFD
administration cost is estimated at $75,000 annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1%) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement. Based on a bond sale
amount of $13 million said monetary compensation would be $130,000. Said mount shall be paid
prior to bond sale (scheduled for late 2002) and will be deposited into the General Fund. The CFD
Policy also stipulates that said compensation is not eligible for financing by CFD No. 2001-2.
Attachments:
Attachment A: Acquisition/Finance Agreement for CFD 2001-2
JSEngineer~AGENDA\CAS-9-10-02 CFD012 AFA.doc
10.16.02
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT, dated as of October 22, 2002, is made and entered into by and
between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under
the Constitution and laws of the State of California, (the "City"), COMMUNITY FACILITIES
DISTRICT NO. 2001- 2 (MCMILLIN ~ OTAY RANCH - VILLAGE SIX), a community
facilities district formed and existing pursuant to thc laws of the State of California (the "CFD
No. 2001-2") and MCMILLIN OTAY RANCH, LLC, a Delaware limited liability company (thc
"Developer").
WHEREAS, the Developer is the master developer of certain property within that portion
of the City known as the Otay Ranch Village 6 (the "Development Project") and Developer has
obtained certain land use entitlements from the City which permit the development of the
Development Project; and
WHEREAS, the development of the Development Project pursuant to such land use
entitlements is subject to certain conditions, including but not limited to, the requirement that the
Developer construct certain public improvements to serve the Development Project including the
improvements identified as Improvements Nos. 2 through 18 in Exhibit A attached hereto and
incorporated herein by this reference (the "Development Project Improvements"); and
WHEREAS, such land use entitlements also describe the threshold of building permits
that may be issued for the Development Project as the result of traffic impacts on roadways
within the City; and
WHEREAS, the City's Growth Management Oversight Committee, in its annual
threshold compliance report, noted that development in the eastern portion of the City which
includes the Development Project was starting to strain the capacity of existing roadways
resulting in added congestion and traffic delays; and
WHEREAS, the City has determined that it is necessary to expedite the construction of
certain traffic enhancement projects, including the Telegraph Canyon Roadway Improvements
defined below (individually, a "Traffic Enhancement Improvement" and collectively, the
"Traffic Enhancement Improvements"), located in the eastern part of the City in order to
maintain the City's threshold standard and quality of life until the completion of more of the
overall transportation network in the eastern part of the City; and
WHEREAS, in order for the Developer and the master developers of other properties
located in the City east of the 1-805 freeway to continue to receive building permits beyond the
current thresholds identified in the existing land use entitlements for the Development Project
and other developments in the eastern portion of the City, such developers must contribute to the
financing of the construction of the Traffic Enhancement Improvements; and
WHEREAS, in order to provide for the financing of one of the Traffic Enhancement
Improvements, the Developer, together with certain other master developers (the "Other Master
1
10.16.02
Developers"), have entered into that certain Agreement for the Construction of Roadway
Improvements for Traffic Enhancement (the "Telegraph Canyon Traffic Enhancement
Agreement") made as of ., 2002, to establish a system for the financing and
construction of certain improvements to Telegraph Canyon Road identified in the Telegraph
Canyon Traffic Enhancement Agreement (the "Telegraph Canyon Roadway Improvements");
and
WHEREAS, the Developer requested that the City consider and the City did consider and
form CFD No. 2001-2 under the terms and conditions of the "Mello-Roos Community Facilities
Act of 1982,' as amended (Government Code Section 53311 and following) (the "Act"), for the
purpose of financing the acquisition or construction of the Development Project Improvements
and Developer's fair share of the cost of the acquisition or construction of the Traffic
Enhancement Improvements, together with appurtenances and appurtenant work (the
Development Project Improvements and the Traffic Enhancement Improvements are referred to
herein individually as an "Improvement" or collectively as the "Improvements"); and,
WHEREAS, Developer, in order to proceed in a timely way with development of the
Development Project, desires to construct certain of the Improvements that will, following the
completion of the construction thereof, be acquired, owned, operated and maintained by the City;
and,
WHEREAS, Developer, in order to meet its obligations under the Telegraph Canyon
Traffic Enhancement Agreement and under any future agreement that the Developer may enter
~vith the City to finance the Developer's share, if any, of cost of the construction of other Traffic
Enhancement Improvements (a "Future Traffic Enhancement Agreement"), also desires to
finance its Fair Share (as such term is defined in the Telegraph Canyon Traffic Enhancement
Agreement) of the cost of the design of, grading tbr and construction of the Telegraph Canyon
Roadway Improvements and its fair share as established by any Future Traffic Enhancement
Agreement ("Additional Fair Share") of the cost of the construction of any other Traffic
Enhancement Improvements; and,
WHEREAS, the City, CFD No. 2001-2 and Developer agree that the Improvements to be
constructed by the Developer may, upon the completion of the construction thereof, be acquired
by the City through financing provided by CFD No. 2001-2 at prices determined pursuant to and
in accordance with the provisions of this Agreement; provided, however, (a) if the Developer
constructs any Telegraph Canyon Roadway Improvements only that portion of the cost of
construction of such Telegraph Canyon Roadway Improvements representing the Developer's
Fair Share of such costs shall be paid pursuant to the terms and conditions of this Agreement and
the reimbursement to the Developer of the costs, if any, of construction of such Telegraph
Canyon Roadway Improvements which are allocable to the Other Master Developers pursuant to
the Telegraph Canyon Traffic Enhancement Agreement shall be governed by the terms and
conditions of thereof and (b) if the Developer constructs any other Traffic Enhancement
Improvement only that portion of the cost of construction of such Traffic Enhancement
hnprovement representing the Developer's Future Fair Share of such costs shall be paid pursuant
to the terms and conditions of this Agreement and the reimbursement to the Developer of the
2
10.16.02
costs, if any, of construction of such Traffic Enhancement Improvement which are allocable to
other parties pursuant to a Future Traffic Enhancement Agreement applicable to such Traffic
Enhancement Improvement shall be governed by the terms and conditions of thereof; and,
WHEREAS, except for the reimbursement of (a) the costs of construction of Telegraph
Canyon Roadway Improvements constructed by the Developer which are allocable to Other
Master Developers pursuant to the Telegraph Canyon Traffic Enhancement Agreement or (b) the
costs of construction of any other Traffic Enhancement Improvement constructed by the
Developer which are allocable to any other party pursuant to a Future Traffic Enhancement
Agreement applicable to such Traffic Enhancement Improvement, the City and the Developer
further agree that payment by the City for the acquisition of the Improvements shall be funded
solely from the proceeds of bonds which shall be issued by CFD No. 2001-2 and which shall be
secured by the levy of special taxes within CFD No. 2001-2; and,
WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to
the provisions of this Agreement to be paid for each of the Improvements constructed by the
Developer at the prices as determined by the City pursuant to this Agreement upon: (a) the sale
and delivery of bonds by CFD No. 2001-2 the proceeds of which shall be authorized and
designated to make the payments to acquire such Improvements and (b) the completion of the
construction of each such Improvement; and,
WHEREAS, CFD No. 2001-2 is willing to finance the acquisition of and acquire the
Improvements to be constructed by the Developer and to finance the Developer's Fair Share of
the cost of the Telegraph Canyon Roadway Improvements if constructed by a party other than
the Developer subject to the requirements of the Act, the City of Chula Vista Statement of Goals
and Policies Regarding the Establistunent of Community Facilities Districts adopted by the City
Council (the "Goals and Policies"), this Agreement, the Telegraph Canyon Traffic Enhancement
Agreement and any Future Traffic Enhancement Agreement and Developer desires that CFD No.
2001-2 so finance the acquisition and acquire such Improvements and finance Developer's Fair
Share of the cost of the Telegraph Canyon Roadway Improvements and Developer's Future Fair
Share, if any, of the cost of other Traffic Enhancement Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the
Improvements (the "Plans and Specifications") and all changes in the Plans and Specifications
necessitated by change orders shall be prepared by the Developer at the Developer's initial
expense, subject to City approval. The costs of acquisition of such Improvements shall include
costs of the preparation of the Plans and Specifications and all related documentation as set forth
in Section 7 below.
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10.16.02
Developer shall not award bids for construction, commence construction or cause
commencement of construction of an Improvement until the Plans and Specifications for such
Improvement have been approved by the City.
SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and
agrees that each Improvement to be acquired from Developer pursuant to this Agreement shall be
designed, bid and constructed
(a) in substantial compliance with the approved Plans and Specifications for such
Improvement;
(b) in a good and workmanlike manner by well-trained adequately supervised
workers;
(c) in strict compliance with all governmental and quasi-governmental rules,
regulations, laws, building codes and all requirements of Developer's insurers and
lenders;
(d) free of any known design flaws and defects; and
(e) in compliance with the requirements of Exhibit C hereto which is incorporated
herein by this reference.
SECTION 4. Inspection and Acceptance of the Improvements. The construction activities
relating to the Improvements shall be subject at all reasonable times to inspection by authorized
representatives of City. Once an Improvement to be acquired by City is substantially completed
in accordance with the approved Plans and Specifications, then such Improvement shall be
eligible for payment of the Base Increment of the Purchase Price (as defined in Section 7 below)
therefor.
Prior to acceptance of any Improvement by City for purposes of paying the Retained
Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall provide to
the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set
forth in this Section 4 and Section 8(c)(ii) below and obtain approval of as-built drawings for the
Improvement in accordance with the process described below in this Section 4. The engineer of
record for the Improvement ("Engineer of Record") shall file form PW-E-106 (Request for
Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field
inspector of the City ("Field Inspector") or designee shall issue and transmit to the Engineer of
Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a
punchlist of work to be completed or corrections to work to be completed before the
Improvement will be eligible for payment of the Retained Increment. Within 20 working days of
receipt of the Field Inspector's letter, the Engineer of Record shall prepare redline as-built
drawings and submit them, together with any necessary soils reports, to the Field Inspector and
the Developer shall complete the items of work and/or corrections specified in the punchlist.
Within 10 working days of the Engineer of Record's submittal of the red lined as-built drawings,
4
10.16.02
the Field Inspector shall review such drawings and provide comments. The Engineer of Record
shall revise the redline as-built drawings per the Field Inspector's comanents and resubmit within
10 working days. The Field Inspector shall make his final review within 5 working days of the
Engineer of Record's msubmittal and notify the Engineer of Record to prepare mylar as-built
drawings and a microfiche copy and submit both to the Public Works Director or his designee
and notify the Developer of any punchtist items which remain to be completed. The City and
Developer shall make best efforts to perform within the time periods described above. The
inability of City or Developer to perform within each time period, notwithstanding its best
efforts, shall not constitute a breach of this Agreement.
SECTION 5. Warranty of Improvements. At all times prior to the City's acceptance of an
Improvement, the Developer shall be responsible for maintaining the Improvement at the
Developer's expense. The Developer shall be obligated for the period of twelve (12) months
immediately following the City's acceptance of an Improvement to repair or replace, at
Developer's expense, any defects or failures resulting from the work of Developer, its contractors
or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to City
and CFD No. 2001-2 its rights in and to any warranties, guarantees or other evidence of
contingent obligations of third persons with respect to such Improvement. As a condition
precedent to the payment of the Retained Increment (as defined in Section 8 below) of the
Purchase Price, Developer shall post a maintenance bond in a form reasonably approved by the
City, cause such a maintenance bond to be posted, or assign Developer's rights under such a
maintenance bond naming City and/or CFD No. 2001-2 as beneficiary in an amount equal to
fifteen percent (15%) of the Purchase Price of the Improvement in order to secure Developer's
obligations pursuant to this Section. Upon posting of such maintenance bond, the City shall
release any performance, labor and material bonds for such Improvement.
SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction
of an Improvement, Developer shall notify the City Engineer in writing of such completion and
shall prepare and execute a Notice of Completion for such Improvement in the form prescribed
by Section 3093 of the California Civil Code and shall record such notice in the Official Records
of the County of San Diego. Developer shall cause its contractors to provide unconditional lien
releases for such Improvement in accordance with Section 3262 of the Civil Code.
Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and
lien releases if City determines that as of the date of payment of the Retained Increment of the
Purchase Price for an Improvement, title to such Improvemem or portion thereof satisfies the
requirements for Acceptable Title (as hereinafter defined).
SECTION 7. Construction of the Telegraph Canyon Roadway Improvements or other
Traffic Enhancement Improvements. If and to the extent that the provisions of the Telegraph
Canyon Traffic Enhancement Agreement or Future Traffic Enhancement Agreement pertaining
to the design, construction, acceptance and warranty of the Telegraph Canyon Roadway
Improvements or any other Traffic Enhancement Improvements conflict with the provisions of
this Agreement, the provisions of the Telegraph Canyon Traffic Enhancement Agreement or
Future Traffic Enhancement Agreement, as applicable, shall prevail over the conflicting
provisions of this Agreement.
5
q-/o
10.16.02
SECTION 8. Payment of Purchase Price.
(a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be
constructed by and acquired from Developer (the "Purchase Price") shall, as to each such
Improvement, (i) be determined by City in accordance with the provisions of this Section 8, (ii)
equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of
eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described
in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under
the Act and the Goals and Policies as a part of the cost of the Improvements; provided, however,
the Purchase Price to be paid pursuant to this Agreement for (y) any Telegraph Canyon Roadway
Improvements constructed by the Developer shall not exceed the Developer's Fair Share of the
cost of the construction of such Roadway Improvements determined pursuant to the provisions of
the Traffic Enhancement Agreement or (z) any other Traffic Enhancement Improvement
constructed by Developer shall not exceed the Developer's Future Fair Share of the cost of
construction of such Traffic Enhancement Improvement determined pursuant to the provisions of
the applicable Future Traffic Enhancement Agreement, and provided further that the aggregate
Purchase Price for any Improvement included in the City's Traffic Development Impact Fee
("TDIF") program shall not exceed the aggregate TDIF obligation for the property within CFD
No. 2001-2.
Incidental costs eligible to be included in the Purchase Price of any Improvement shall
include the following:
(i) Usual and customary design and engineering costs not to exceed the following
percentages:
a. Civil engineering - 7.5% of the cost of the construction of the
Improvement for which the service was performed.
b. Soils engineering - 15% of the cost of the grading for the Improvement.
c. Landscape architecture - 10% of the cost of applicable landscaping and
irrigation relating to the Improvement.
d. Survey and construction staking - 2% of the combined cost of the
construction (c~zt> and grading for the Improvement.
e. Utility engineering/coordination - 3% of the cost of the construction of the
applicable dry utilities.
(ii) Construction administration and supervision not to exceed, in aggregate, 1.75% of
the total construction cost of the Improvement.
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10.16.02
(iii) Special engineering studies related to "collector" or "transmission" facilities as
reviewed and approved by the Public Works Director.
(iv) Plan check and inspection fees (less any refunds).
(v) Capacity or connection fees related solely to the Improvement.
(vi) Costs of acquisition of off-site rights-of-way and/or easements including the
following:
a. Appraisal and title insurance costs.
b. Costs of preparing acquisition plats.
c. The appraised value or actual cost of right-of-way or easement, whichever
is less.
d. Legal fees and costs related to eminent domain proceedings approved by
the City Attorney.
(vii) Costs of environmental review, permitting and mitigation related to the
Improvement.
In no event shall the cost or value of the construction of the Improvements be deemed to
exceed the construction contract prices set forth in the contracts and change orders approved by
City ("Approved Change Orders") pursuant to the applicable provisions of Exhibit "C" hereto,
which is incorporated herein by this reference, or otherwise authorized pursuant to this
Agreement.
Notwithstanding the foregoing, the aggregate Purchase Price of the acquisition of all new
utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of
the series of the Bonds to be utilized to pay such Purchase Price less that portion of the reserve
fund, costs of issuance and other incidental costs allocable to such amount.
(b) Incremental Payment of Purchase Price of an Improvement other than a Traffic
Enhancement Improvement. The Purchase Price for any Improvement constructed by the
Developer, other than a Traffic Enhancement Improvement, shall be payable in not to exceed two
increments: the "Base Increment" which shall be an amount not to exceed 75% of the Purchase
Price for such Improvement and the "Retained Increment" which shall be an amount not to
exceed the remaining, unpaid portion of the Purchase Price for such Improvement determined
pursuant to the provisions of (a) above.
(c) Requisition for Incremental Payment of Purchase Price of an Improvement other than a
Traffic Enhancement Improvement.
10.16.02
(i) Base Increment. The Developer may submit only one (1) written request to the
City Engineer for the payment of the Base Increment for an Improvement, other than a
Traffic Enhancement Improvement, upon the substantial completion of the construction
of such Improvement in accordance with the approved Plans and Specifications. The
criteria for determining "substantial completion" of each such Improvement is described
in Exhibit B and shall mean generally that construction, or work with respect to such
Improvement has progressed to the point where it is sufficiently complete so that such
Improvement can be utilized for the purpose for which it was intended. Substantial
completion of such an Improvement shall also mean that all components of such
Improvement are substantially complete, e.g., in the case of Improvement including
streets (other than streets included in the Traffic Enhancement Improvements), the
components are described in footnote I to Exhibit A. Each Base Increment payment
request must be in the form attached hereto as Exhibit D - 1, which is incorporated herein
by this reference, and conform to the requirements of (d) below. The request for payment
of the Base Increment for an Improvement shall be accompanied by a copy of the
following documents related to the construction of such Improvement: (1) each
construction contract, (2) each change order, (3) each invoice submitted pursuant to such
construction contracts, (4) evidence of payment of each such invoice such as copies of
cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5)
written conditional lien releases executed by each applicable contr~tctor, subcontractor
and materialman in a form satisfactory to the City Attorney of the City (the "City
Attorney") for such Improvement.
(ii) Retained Increment. The Developer may submit only one (1) written request to
the City Engineer for the payment of the Retained Increment for an Improvement, other
than a Traffic Enhancement Improvement, in the form attached hereto as Exhibit D ~ 2,
which is incorporated herein by this reference, upon the submission to the City Engineer
of (1) asqbuilt drawings or other equivalent plans and specifications for such
Improvement in a form reasonably acceptable to the City, (2) evidence that the
Developer has posted a maintenance bond for such Improvement as required by Section 5
hereinabove, (3) evidence of the satisfaction of the requirements of Section 10,
hereinbelow directly related to such Improvement and (4) written unconditional lien
releases from all contractors, subcontractors and materialmen satisfactory to the City
Attorney for such Improvement.
(d) Incremental Payment of Purchase Price of Traffic Enhancement Improvements. The
Purchase Price for any Traffic Enhancement Improvement shall be payable in not to exceed two
increments: the "Base Increment" which shall be an amount not to exceed 50% of (i) the
Developer's Fair Share of the cost of the construction of such Telegraph Canyon Roadway
Improvement or (ii) the Developer's Future Fair Share of the cost of construction of any other
Traffic Enhancement Improvement, as applicable, and the "Retained Increment" which shall be
an amount not to exceed the remaining, unpaid portion of (y) the Developer's Fair Share of the'
cost of the Telegraph Canyon Roadway Improvement or (z) the Developer's Future Fair Share of
the cost of any other Traffic Enhancement Improvement, as applicable.
8
10.16.02
(e) Requisition for Incremental Payment of Purchase Price of a Traffic Enhancement
Improvement.
(i) Base Increment. The Developer may submit a written request to the City
Engineer in the form attached hereto as Exhibit D - 3, which is incorporated herein by
this reference, for the payment of all or any portion of the Base Increment for a Traffic
Enhancement Improvement upon the completion of fifty percent (50%) the construction
by the Developer of such Traffic Enhancement Improvement. A Traffic Enhancement
Improvement will be deemed to be 50% complete when the City Engineer has determined
that the Developer has expended an amount equal to 50% of the contract price for such
Traffic Enhancement Improvement.
(ii) Retained Increment. The Developer may submit a written request to the City
Engineer for the payment of the Retained Increment for a Traffic Enhancement
Improvement in the form attached hereto as Exhibit D - 4, which is incorporated herein
by this reference, upon the completion of the construction of such Traffic Enhancement
Improvement and acceptance thereof by the City.
(iii) Required Documentation. Any request for payment of the Base Increment,
Retained Increment or any portion thereof of the Purchase Price for a Traffic
Enhancement Improvement constructed by the Developer shall be accompanied by a copy
of the following documents related to the construction of such Traffic Enhancement
Improvement and the payment requested in such request for payment: (1) evidence of
payment of each invoice such as copies of cancelled checks or other evidence of payment
satisfactory to the City Engineer upon which the request for payment is based and (2)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney.
(f) Documentation. Any payment request submitted by Developer shall be properly
executed and shall include copies of all supporting documents required by subsection (c)(i), (c),
(d) or (e), as applicable.
(g) Review of Payment Request for an Improvement. The City Engineer or his designee
shall review each payment request and the supporting documentation accompanying such
payment request. If the City Engineer finds that any such payment request is incomplete,
improper or otherwise not suitable for approval, the City Engineer shall inform Developer in
writing within twenty (20) working days after receipt thereof, the reasons for his finding.
Developer shall have the right to respond to this finding by submitting further documentation
after receipt of the denial. The City Engineer shall review any further documentation received
from the Developer in support of a payment request and inform Developer of his approval or
denial of the payment request as supplemented in accordance with this Section within ten (10)
working days after receipt of the supplemental documentation. A resubmittal of a payment
request shall be deemed a new payment request for purposes of this Section.
9
10.16.02
Subject to the limitations set forth herein, costs incurred under a construction contract for
an Improvement entered into pursuant to the requirements of this Agreement, the Telegraph
Canyon Traffic Enhancement Agreement or a Future Traffic Enhancement Agreement, as
applicable, and Approved Change Orders shall be deemed to be reasonable and, subject to the
other provisions of this Agreement, shall be included in the Purchase Price for such
Improvement.
The City Engineer shall, after the sale of the series of Bonds (defined in Section 20
below) pursuant to Section 20 the proceeds of which are intended to be used to acquire the
subject Improvements and after his or her approval of a payment request, immediately forward a
request to the Director of Finance of the City notifying the Director of Finance of his or her
approval of the payment request and requesting that such payment be made to the appropriate
payee. The Director of Finance shall process any such request of the City Engineer pursuant to
the applicable procedures of the Finance Department and shall make or authorize such payment
pursuant to such procedures and subsection (h) below.
(h) Payment.
(i) Priority of Payment of Cost of Construction or Purchase Price for
Improvements. The City and the Developer acknowledge and agree that the cost of
acquisition or construction of all Improvements may exceed the aggregate amount of the
Bond proceeds which will be available fbr the payment of that portion of cost of
construction or the Purchase Price, as applicable, for all of such Improvements eligible to
be paid from the proceeds of the Bonds. As a result the City and Developer agree that the
payment of the cost of construction or the Purchase Price, as applicable, for
Improvements shall be prioritized as follows:
Priority 1: Improvement No. I ("Traffic Enhancement Improvements") in
Exhibit A.
Priority 2: improvement Nos. 2-18 in Exhibit A.
The cost of construction or Purchase Price for any lower priority Improvement
shall not be paid until the cost of construction or Purchase Price for all higher priority
Improvements has been paid or if sufficient proceeds of the Bonds are reasonably
determined to be available to fully fund the cost of construction or Purchase Price of the
higher priority Improvements, based upon the estimates of the cost of construction or the
estimates or approved Purchase Prices, as applicable, for such higher priority
Improvements on Exhibit A.
(ii) Timing of the Payment of the Purchase Price for an Improvement.. Subject
to the limitations contained in (i) above and (iii) and (iv) below, the increment of the
Purchase Price for each Improvement shall be paid to Developer within thirty (30) days
after the date of the City Engineer's approval of the payment request for any such
increment; provided, however, no Retained Increment for any Improvement other than
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10.16.02
Traffic Enhancement Improvements shall be paid earlier than thirty-five (35) days after
the recording of a Notice of Completion for such Improvement.
(iii) Source of Payment. The Purchase Price or any increment thereof for an
Improvement shall be payable to the Developer solely from those proceeds ("Eligible
Improvement Proceeds") of the sale of that series of Bonds as provided in Section 20
hereof authorized and designated for the payment for such Improvement, after all costs of
formation of CFD No. 2001-2 and alt costs of issuance of such Bonds have been paid and
deposits of accrued and capitalized interest to the redemption fund and the initial deposit
to the reserve fund have been made.
(iv) Withholding of Payment. In addition to the foregoing, the City shall have the
right to withhold payment of the Purchase Price or any increment thereof of any
Improvement if (a) the Developer is delinquent in the payment of any assessment
installments or special taxes levied by the City or a community facilities district
established by the City on properties then owned by the Developer within CFD No. 2001-
2, (b) the City Engineer reasonably determines that the Developer is not then in
substantial compliance with all applicable conditions and obligations imposed upon the
Developer hereunder or upon the Development pursuant to the land use entitlements
approved by the City for the Development, including but not limited to, payment of all
applicable fees, dedication of all applicable rights-of-way or other property and
construction of all applicable public improvements. The City Engineer shall provide
written notice to the Developer of the decision to withhold any such payment and shall
specify the reason for such decision. If the payment is withheld as a result of the
delinquency in the payment of assessment installments or special taxes, the notice shall
identify the delinquent parcels and the amount of such delinquency. If the payment is
withheld as a result of substantial non-compliance with a condition or obligation, the
notice shall specify such condition or obligation and what action will be necessary by the
Developer to substantially comply with such condition or obligation. Upon receipt by the
City Engineer of evidence reasonably satisfactory to the City Engineer of the payment of
the delinquent special taxes or assessments or upon the determination by the City
Engineer that the Developer has substantially complied with the subject condition or
obligation, the City shall forthwith make any payment which has been withheld pursuant
to the provisions of this paragraph.
SECTION 9. Financing of Developer's Fair Share or Future Fair Share.
(a) Financing Developer's Fair Share of Telegraph Canyon Roadway Improvements.
(i) Telegraph Canyon Roadway Improvement Account. Subject to adjustment as
provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount
equal to the Developer's Fair Share, currently estimated to be $1,000,000 shall be deposited in a
separate account (the "Telegraph Canyon Roadway Improvement Account") to be established
pursuant to the bond indenture setting forth the terms and conditions pursuant to which the
Bonds shall be issued and sold (the "Bond Indenture"). Pursuant to the requirements of this
10.16.02
Section 9(a), the City may from time to time authorize the disbursement of funds on deposit in
the Telegraph Canyon Roadway Improvement Account to pay for the acquisition or construction
of the Telegraph Canyon Roadway Improvements in accordance with the provision hereof and
the Telegraph Canyon Traffic Enhancement Agreement.
(ii) Adjustment of Developer's Fair Share. The Developer's Fair Share is subject to
adjustment pursuant to the terms of the Telegraph Canyon Traffic Enhancement Agreement. If
the Fair Share specified in the preceding paragraph is modified pursuant to the Telegraph Canyon
Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion of the
proceeds of the Bonds deposited in the Telegraph Canyon Roadway Improvement Account shall
be increased or reduced, as applicable, to equal the Fair Share as modified. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account then exceeds the Fair Share as' modified, the City shall authorize the release of such
excess amount from the Telegraph Canyon Roadway Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account, together with all prior disbursements from the Telegraph Canyon Roadway
Improvement Account to pay Developer's Fair Share of the cost of construction of the Telegraph
Canyon Roadway Improvements, is then less than the Fair Share as modified, the City shall
notify the Developer in writing of such deficit and request that the Developer deposit funds in the
amount of such deficit with Director of Finance within fifteen (15) business days of the date of
such notice. If the Developer fails to deposit such funds with such time period, the City may
authorize the transfer of an amount equal to such deficit from Eligible Improvement Proceeds to
the Telegraph Canyon Roadway Improvement Account.
(iii) Construction of Telegraph Canyon Roadway Improvements by Party Other
than Developer. If the Telegraph Canyon Roadway Improvements are constructed pursuant to
the Telegraph Canyon Traffic Enhancement Agreement by a party other than the Developer, the
City may request pursuant to the Telegraph Canyon Traffic Enhancement Agreement that the
Fiscal Agent disburse funds from the Telegraph Canyon Roadway Improvement Account to pay
Developer's Fair Share of the cost of construction of the Telegraph Canyon Roadway
Improvements pursuant to the Traffic Enhancement Agreement.
(iv) Surplus Funds. If funds remain on deposit in the Telegraph Canyon Roadway
Improvement Account upon completion of the construction or acquisition of Telegraph Canyon
Roadway Improvements and the payment of Developer's final Fair Share amount, such funds
shall be released from the reservation established pursuant to this Section 9(a) and such funds
shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of the Telegraph Canyon Roadway Improvements, the funds then on deposit in the
Telegraph Canyon Roadway Improvement Account and not then allocated or necessary to pay
Developer's Fair Share of the costs of the acquisition or construction of Telegraph Canyon
Roadway Improvements shall be released from the reservation established pursuant to this
Section 9(a) and such funds shall be made available to pay the Purchase Price of other
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10.16.02
Improvements.
(v) Limitation on Use of Funds in Telegraph Canyon Roadway Improvement
Account. Except as provided in this Section 9(a), funds on deposit in the Telegraph Canyon
Roadway Improvement Account may not be utilized to pay all or any portion of the Purchase
Price of any other Improvements.
(vi) Investment of Funds on Deposit in Telegraph Canyon Roadway Improvement
Account. The Bond Indenture shall provide that all funds on deposit in the Telegraph Canyon
Roadway Improvement Account shall be invested in such permitted investments as may be
established by the terms of the Bond Indenture. All earnings on such investments shall be
deposited in the improvement fund established by the Bond Indenture and shall be available to
pay for the acquisition or construction of the Improvements pursuant to the terms of such Bond
Indenture and this Agreement.
(b) Financing Developer's Future Fair Share of other Traffic Enhancement Improvements.
(i) Traffic Enhancement Improvement Account. Subject to adjustment as provided
for in the following paragraph, a portion of the proceeds of the Bonds in an amount equal to the
Developer's Future Fair Share of the cost of the acquisition or construction of other Traffic
Enhancement Improvements may be deposited in the Traffic Enhancement Improvement
Account. Pursuant to the requirements of this Section 9(b), the City may from time to time
authorize the disbursement of funds on deposit in the Traffic Enhancement Improvement
Account to pay for the acquisition or construction of other Traffic Enhancement Improvements
in accordance with the provision hereof and the Future Traffic Enhancement Agreement.
(ii) Adjustment of Developer's Future Fair Share. The Developer's Future Fair
Share is subject to adjustment pursuant to the terms of the Future Traffic Enhancement
Agreement. if the Future Fair Share specified in the preceding paragraph is modified pursuant to
the Future Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion
of the proceeds of the Bonds deposited in the Traffic Enhancement Improvement Account shall
be increased or reduced, as applicable, to equal the Future Fair Share as modified. If the Future
Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement
Account then exceeds the Future Fair Share as modified, the City shall authorize the release of
such excess amount from the Traffic Enhancement Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Future Fair Share
is modified so that the amount on deposit in the Traffic Enhancement hnprovement Account,
together with all prior disbursements from the Traffic Enhancement Improvement Account to
pay Developer's Future Fair Share of the cost of construction of other Traffic Enhancement
Improvements, is then less than the Future Fair Share as modified, the City shall notify the
Developer in writing of such deficit and request that the Developer deposit funds in the amount
of such deficit with Director of Finance within fifteen (15) business days of the date of such
notice. If the Developer fails to deposit such funds with such time period, the City may authorize
the transfer of an amount equal to such deficit from Eligible Improvement Proceeds to the Traffic
Enhancement Improvement Account.
10.16.02
(iii) Construction of Telegraph Canyon Roadway Improvements by ParO; Other
than Developer. If other Traffic Enhancement Improvements are constructed pursuant to the
Future Traffic Enhancement Agreement by a party other than the Developer, the City may
request pursuant to the Future Traffic Enhancement Agreement that the Fiscal Agent disburse
funds from the Traffic Enhancement Improvement Account to pay Developer's Future Fair Share
of the cost of construction of other Traffic Enhancement Improvements pursuant to the Future
Traffic Enhancement Agreement.
(iv) Surplus Funds. If funds remain on deposit in the Traffic Enhancement
Improvement Account upon completion of the construction or acquisition of Telegraph Canyon
Roadway Improvements and the payment of Developer's final Future Fair Share amount, such
funds shall be released from the reservation established pursuant to this Section 9(b) and such
funds shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of other Traffic Enhancement Improvements, the funds then on deposit in the
Traffic Enhancement Improvement Account and not then allocated or necessary to pay
Developer's Future Fair Share of the costs of the acquisition or construction of Telegraph
Canyon Roadway Improvements shall be released from the reservation established pursuant to
this Section 9(b) and such funds shall be made available to pay the Purchase Price of other
Improvements.
SECTION 10.Audit. The authorized representatives of City shall have the right, upon two (2)
days prior written notice to Developer and during normal business hours, to review all books and
records of Developer pertaining to costs and expenses incurred by Developer in construction of
the Improvements.
SECTION 11. Ownership and Transfer of Improvements. The conveyance of the
Improvements by Developer to City shall be in accordance with the following procedures:
(a) Improvements Constructed on Land not Owned by City. As a condition to the payment
of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable
offer of dedication to be made to City or an outright grant of a fee interest or easement
interest as appropriate, in the sole discretion of the City of the appropriate right, title and
interest in and to the portion of the applicable property owned by the Developer related to
the applicable Improvement, including any temporary construction or access easements.
Developer, whether or not it is the entity constructing the Improvements, agrees to
execute and deliver to the City the documents required to complete the transfer of
Acceptable Title for property owned by the Developer upon or within which such
Improvements are to be located. For purposes of this Agreement, the term "Acceptable
Title" shall mean title to the portion of the property to be conveyed free and clear of all
taxes, liens, encumbrances, assessments, easements, leases, whether any such item is
recorded or unrecorded, except (i) non-delinquent taxes and assessments and (ii) those
non-monetary encumbrances and easements which are reasonably determined by the City
14
10.16.02
not to interfere with the intended use of the portion of the property. As a further
condition to the payment of the Retained Increment of the Pumhase Price for any
Improvement, Developer at its sole initial cost and expense, subject to reimbursement
pursuant to Section 8, shall cause to be issued a policy of title insurance for such portion
of the property in an amount not to exceed the Purchase Price and in the form normally
required by City in connection with the dedication of land for subdivision improvements
and containing such title endorsements as may be reasonably requested by City. City's
final acceptance of the portion of the property and the Improvements constructed thereon
shall not be unreasonably withheld or delayed.
(b) Improvements Constructed on Land Owned by City. If Developer is authorized to
construct an Improvement on land owned in fee by City or on land over which the City
owns an easement Developer shall obtain the necessary encroachment permits to enter
such land for purposes of constructing such Improvement. City shall cooperate with
Developer in issuing such encroachment permits. The Improvements shall be inspected
by City on an ongoing basis.
SECTION 12. Grading and Subdivision Improvement Bonds. Except as provided below or as
may be provided in the Traffic Enhancement Agreement or any Future Traffic Enhancement
Agreement, Developer shall be required to post or cause the posting of bonds or other security
acceptable to the City to guarantee completion of the Improvements in accordance with City's
standard subdivision requirements and conditions of approval of the Development (the
"Conditions of Approval"). Labor and materials bonds shall also be required to be provided by
the Developer's contractor for all Improvements to be constructed under this agreement. Such
bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the
final acceptance of the Improvements by the City Engineer. The presence of Bond proceeds shall
not relieve the Developer of requiring this obligation of the Developer's contractor.
Perfbrmance and labor and material bonds for specific Improvements shall not be
required or may be released if: (1) such Improvements constitute a portion of the required
subdivision improvements, (2) Bond.proceeds equal to 125% of the estimated cost to construct or
acquire such Improvements are available and set aside for such purpose, and (3) the
Improvements are to be constructed or acquired entirely with the proceeds of the Bonds.
Provided that conditions (1) and (2) are satisfied, if an Improvement is to be constructed or
acquired only in part with the proceeds of the Bonds, performance and labor and material bonds
shall not be required for that portion of the Improvements to be so constructed or acquired except
with respect to the portion that will not be acquired or constructed with Bond proceeds. In the
event that the Bond proceeds that are availalllg and may be set aside to fund the cost to construct
or acquire an Improvement are less than 125% of the estimated cost thereof, the Developer shall
be required to provide a performance and labor and material bond or other security satisfactory to
the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate
with Developer in the termination or exoneration of any performance and labor and material
bonds assuring completion of Improvements for which bonds have been sold. The City Engineer
shall be the sole judge of determining release of such bonds.
15
10.16.02
SECTION 13. Indemnification by Developer. Developer shall defend, indemnify and hold
harmless City, its officers, directors, employees and agents, and CFD No. 2001-2, its officers,
directors, employees and agents from and against any and all claims, losses, liabilities, damages,
including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out
of the design, engineering and construction of the Improvements by the Developer, its
employees, agents, independent contractors and/or representatives; provided that any claims
which relate to the Improvements shall be limited to those arising out of personal injury or
property damage caused by actions or omissions by Developer or Developer's employees, agents,
independent contractors or representatives which occurred during the period prior to the transfer
of title to the Improvements by City, whether or not a claim is filed prior to the date of
acceptance of the Improvements. Nothing in this Section 13 shall limit in any manner the fights
of the City and/or CFD No. 2001-2 against any of the architects, engineers, contractors or other
consultants employed by the Developer which has performed work in cormection with
construction or financing of the Improvements. Notwithstanding the foregoing, Developer shall
have no obligation to defend, indemnify or hold harmless the City, its officers, directors,
employees and agents, CFD No. 2001-2, its officers, directors, employees and agents, from and
against any claims, liabilities, losses or damages (including court costs and attorneys' fees)
which result from or arise out of the sole negligence or willful misconduct of the City, its
officers, directors, employees, or agents, or CFD No. 2001-2, its officers, directors, employees,
or agents.
Except as set forth in this Section 13, no provision of this Agreement shall in any way
limit the extent of the responsibility of Developer for payment of damages resulting from the
operations of the Developer, its agents, employees or contractors.
SECTION 14. Obligation of City. Neither the City nor CFD No. 2001-2 has a legal or financial
obligation to construct or finance the actual construction of the Improvements. Except with
respect to any portion of the cost of the construction by the Developer of the Traffic
Enhancement Improvements above an amount equal to the Developer's Fair Share or Future Fair
Share which is reimbursable pursuant to the Traffic Enhancement Agreement or a Future Traffic
Enhancement Agreement, all costs incurred for actual construction of the Improvements,
including all incidentals thereto, shall be borne by Developer, and the obligations of the City and
Community Facilities District are limited to the acquisition of the Improvements pursuant to the
provisions of this Agreement.
SECTION 15. Failure by Developer to Construct Improvements.
(a) Improvements Other Than Traffic Enhancement Improvements. At any time
following commencement of the construction of any Improvements, other than Traffic
Enhancement Improvements, by Developer City determines that such construction is not
progressing within a reasonable time in accordance with the Conditions of Approval or the
Developer fails to demonstrate a continuing ability to complete the construction of such
Improvement in accordance with the Conditions of Approval, the City may give written notice of
such failure of performance to the Developer. Developer shall have sixty (60) days from the date
of receipt of such notice to either (i) cure such failure of performance by demonstrating to the
16
10.16.02
satisfaction of the City during such cure period reasonable progress in the construction of the
Improvement and a continuing ability to complete the construction of such Improvement in
accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of
performance is due to circumstances or conditions beyond Developer's reasonable control
("Force Majeure") including, without limitation, the City's actions, omissions or inaction which
result in a delay of performance by Developer, labor disputes, acts of God, war, riots,
insurrections, civil conunotions, moratoriums, inability to obtain labor or materials or reasonable
substitutes for either, fire, unusual delay in transportation, and adverse weather conditions.
Should Developer fail to reasonably demonstrate such reasonable progress or such continuing
ability to complete the construction of such Improvement or Force Majeure, the obligation of the
City to pay the Purchase Price for the acquisition of such Improvement pursuant to this
agreement may be terminated by the City by providing ten (10) days written notice to the
Developer. Upon termination, the City may in its sole discretion then proceed to advertise and
bid the balance of the construction of such Improvement, and there will be no further obligation
on the part of the City for payment of the Purchase Price for such Improvement due to Developer
pursuant to this Agreement.
In the event that the City chooses not to advertise and bid the balance of the construction
of any such Improvement following such a termination, any monies remaining in the
improvement fund for CFD No. 2001-2 and set aside for the acquisition of such Improvement
shall be transferred to the redemption fund for CFD No. 2001-2 and used to call outstanding
Bonds.
(b) Traffic Enhancement Improvements. Any delay in the construction by the
Developer of the Telegraph Canyon Roadway Improvements shall be subject to and governed by
the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Any delay in the
construction by the Developer of any other Traffic Enhancement Improvement shall be subject to
and governed by the provisions of the applicable Future Traffic Enhancement Agreement.
SECTION 16. Agreement Contingent. As a precondition to the sale of each series of the Bonds
of CFD No. 2001-2, Developer shall pay in cash to City an origination charge of 1.0% of the
amount of the principal amount of such series of the Bonds ("Origination Payment"). Each such
Origination Payment shall be at Developer's own expense and not recoverable from the proceeds
of the special taxes or from the proceeds of the Bonds. In the event that any series of the Bonds
are, for any reason, not sold, the amount of the Origination Payment made for such series of the
Bonds shall be returned to the Developer.
This Agreement is contingent upon the successful sale of Bonds, and it shall be null and
void if the first series of Bonds are not sold within a three (3) year period following the date of
this Agreement, or any mutually agreed extension; however, this time can be extended by request
of the Developer and concurrence of the legislative body.
The City may, at its option, suspend the performance of its obligations under this
Agreement if any legal challenge is filed relating to the validity or enforceability of this
Agreement, CFD No. 2001-2 proceedings or the issuance of the Bonds. The obligations of the
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10.16.02
City and CFD No. 2001-2 hereunder shall be reinstated upon the entry of a final judgment in any
such proceedings upholding the validity and enforceability of the Agreement, CFD No. 2001-2
proceedings and the issuance of the Bonds. In the event that a final judgment or other final and
non-appealable resolution is entered invalidating or declaring unenforceable this Agreement,
CFD No. 2001-2 proceedings or the issuance of the Bonds, the City and CFD No. 2001-2 may, at
their option, terminate this Agreement.
SECTION 17. Notice of Special Tax. Developer, or the successor or assigns of the Developer,
shall provide written notice to all potential purchasers of lots in the form required pursuant to
Govermnent Code Section 53341.5 and/or such additional requirements as may be established by
the City so advising the potential owner of the fact of CFD No. 2001-2, with said document
being executed by the potential purchaser. Such notice shall be provided to the potential
purchaser a reasonable time before the potential purchaser becomes contractually committed to
purchase the lot so that the potential purchaser may knowingly consider the impact of the special
tax in the decision to purchase the lot. A copy of all such notices,&xec3tted by actual purchasers
shall be sent to the City Engineer.
SECTION 18. Limitation of Aggregate Taxes and Assessments. Developer acknowledges that
Developer has included in all existing agreements to sell all or any portion of the property to any
person or entity for the purpose of constructing and marketing owner-occupied residential
dwelling units (a "Builder") and Developer agrees to include in any such future agreement
provisions requiring the inclusion of the following "escrow instructions" in all sales by such
Builder to residential home owners:
(a). At or prior to the close of each such escrow with a residential homeowner, the escrow
company shall apply a "calculation formula" previously approved by the City Engineer and
deposited with the escrow company by the Builder to determine the aggregate of all annual ad
valorem property taxes, all special taxes authorized to be levied to finance the construction or
acquisition of public facilities and all assessment installments authorized to be levied to finance
the construction or acquisition of public facilities (the "Total Annual Taxes and Assessments")
applicable to the parcel subject to such escrow (the "Applicable Parcel").
(b). If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Applicable Parcel, the Escrow Company will make immediate written demand upon the Builder
for deposit into the escrow of the funds necessary to partially prepay the special tax obligation
for CFD No. 2001-2 or any other community facilities district so that the Total Annual Taxes and
Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable
Parcel. Such funds must be received by the escrow company prior to the close of escrow of the
sale of the Applicable Parcel. The calculation of this prepayment amount shall be in accordance
with the method of prepayment of special tax as set forth in the rate and method of
apportiomnent of special taxes approved by the qualified electors of CFD No. 2001-2. Upon
closing of such escrow, the amount so deposited by the Builder pursuant to this escrow
instruction shall be sent by the escrow company to the Director of Finance, together with written
instructions that such amount is to be used to partially prepay the special tax obligation of the
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Applicable Parcel for CFD No. 2001-2 or shall be sent to CFD No. 2001-2 for which the special
tax obligation has been prepaid with similar written instructions.
The provisions of this Section 18 related to sales by Builders to residential homeowners
shall also apply to any sale by Developer of a parcel to a residential home owner.
In addition to any other remedy provided for by taw or in equity, the City may enforce the
provisions of this Section 18 by an action for specific performance or injunctive relief or both.
SECTION 19. Relationship to Public Works. This Agreement is for the construction and
acquisition of certain Improvements by City and the sale of the Bonds for the payment of
construction and acquisition costs for such Improvements and such other amounts as are herein
provided, and is not intended to be a public works contract. In performing its obligations under
this Agreement, Developer is an independent contractor and not the agent of City. City shall
have no responsibility for payment to any contractor or supplier of Developer. Notwithstanding
the foregoing, Developer may be subject to certain public contract requirements as provided in
Section 3 of this Agreement.
SECTION 20. Sale of Bonds. The City shall, immediately upon execution of this Agreement by
the parties hereto, proceed with the issuance and sale of bonds secured by the levy of special
taxes within CFD No. 2001-2 (the "Bonds") to be issued pursuant to the Act. The Bonds shall be
sized so that as of the date of issuance of the Bonds the aggregate appraised value of all taxable
properties within CFD No. 2001-2 for which the Bonds are being issued shall comply with the
value-to-lien standards set forth in the Goals and Policies. The appraised value of taxable
property for purposes of this paragraph shall be determined by an independent appraisal
undertaken for the City utilizing appraisal assumptions approved by the City and, as to each
subsequent series of the Bonds, consistent with the applicable parity bonds requirements.
The proceeds of the Bonds shall be used in the following priority to (i) fund a reserve
fund for the payment of principal and interest with respect to the Bonds; (ii) fund capitalized
interest on the Bonds in an amount not to exceed the amount required to pay interest on the
Bonds until sufficient special taxes may be placed on the tax roll to pay the scheduled debt
service on the Bonds; (iii) pay for costs of issuance of the Bonds including, without limitation,
underwriter's discount, bond counsel fees, printing, and paying agent fees; (iv) pay for the costs
of forming CFD No. 2001-2, including reimbursement of advances of funds to the City by
Developer and the Developer's legal, engineering and financial consulting expenses incurred
relating to the formation of CFD No. 2001-2 and issuance of the Bonds; and (v) pay the costs of
the construction or acquisition of the hnprovements pursuant to the provisions of this
Agreement.
The timing of the issuance and sale of the Bonds, the terms and conditions upon which
the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing thereof shall
be determined solely by the City and shall conform to the Goals and Policies and this Agreement.
The sale of the Bonds shall be subject to receipt by the City of a competitively bid or negotiated
bond purchase agreement which is acceptable to the City. The sale of the Bonds shall also be
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conditional upon the preparation of an official statement that is, in the sole judgment of the City,
"deemed final" as such term is used in Rule 15c2-12 of the Securities and Exchange Commission
(the ':Rule').
The principal amoum of the Bonds to be issued shall be determined in accordance with
the Goals and Policies such that the maximum projected annual special tax revenues securing the
Bonds equals at least 110% of the projected annual gross debt service on all of the outstanding
Bonds.
Developer, on behalf of itself, any affiliates of the Developer and any successor or assign
of the Developer, agrees (a) to provide all information regarding the development of its property
within the District, including the financing plan for such development, which are necessary to
ensure that the official statement for such Bonds complies with the requirements of the Rule and
all other applicable federal and state securities laws; (b) to enter into a continuing disclosure
agreement to provide such continuing disclosure pertaining to the Financing District, the
development thereof and the Developer as necessary to ensure ongoing compliance with the
continuing disclosure requirements of the Rule and (c) to cause its counsel to provide an opinion
of such counsel in a form satisfactory to the underwriter of such series of the Bonds and
underwriter's counsel or disclosure counsel, as applicable.
SECTION21. Development Impact Fee Credit, Payment and Reimbursement. The
Improvements include public facilities that are included in several City development impact fee
programs (each, a "DIF Program"). Credits against the applicable DIF Program .fees shall be
granted in accordance with the applicable City ordinances, regulations and policies.
SECTION 22. Conflict with Other Agreements. Except as specifically provided herein,
nothing contained herein shall be construed as releasing Developer from any condition of
development or requirement imposed by any other agreement with City.
SECTION 23. General Standard of Reasonableness. Any provision of this Agreement which
requires the consent, approval, discretion or acceptance of any party hereto or any of their
respective employees, officers or agents shall be deemed to require that such consent, approval or
acceptance not be unreasonably withheld or delayed, unless such provision expressly
incorporates a different standard.
SECTION 24. Entire Agreement; Amendment. This Agreement and the agreements expressly
referred to herein contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral or written,
pertaining to any such matters shall be effective for any purpose. No provision of this
Agreement may be modified, waiver, amended or added to except by a writing signed by the
party against which the enforcement of such modification, waiver, amendment or addition is or
may be sought.
SECTION 25. Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
10.16.02
personally delivered or seventy-two (72) hours following deposit of the same in any United
States Post Office in California, registered or certified, postage prepaid, addressed as follows:
Developer: McMillin Otay Ranch, LLC
2727 Hoover Avenue
National City, Califomia 91950
Attn: Kelley Thene
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party.
SECTION 26. Severability. If any provision of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
SECTION 27. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or
obligations hereunder except upon ~vritten notice to City within ten (10) days of the date of such
assignment indicating the name and address of the assignee. Upon such notice and the
assumption by the assignee of the rights, duties and obligations of the Developer arising under or
from this Agreement, Developer shall be released by City from alt future duties or obligations
rising under or from this Agreement. Notwithstanding the preceding sentence, Developer may
assign its rights and obligations hereunder as security to lenders for the purpose of obtaining
loans to finance development within CFD No. 2001-2, but no such assignment shall release
Developer from its obligations hereunder to City.
SECTION 28. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California, Additionally,
this Agreement and the construction of the Improvements shall be subject to all City ordinances
and regulations relating to the requirement of improvement agreements, land division,
improvement security or other applicable development requirements.
SECTION 29. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by any other party, or the failure by a party to exercise its rights
under the default of any other party, shall not constitute a waiver of such party's right to insist
and demand strict compliance by any other party with the terms of this Agreement thereafter.
SECTION 30. Singular and Plural; Gender. As used herein, the singular of any work includes
the plural, and terms in the masculine gender shall include the feminine.
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SECTION 31. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
SECTION 32. Construction of Agreement. This Agreement has been reviewed by legal counsel
for both the City and the Developer and shall be deemed for all purposes to have been jointly
dralted by the City and the Developer. No presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of this
Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder.
The captions of the sections and subsections of this Agreement are for convenience only and
shall not be considered or referred to in resolving questions of construction.
SECTION 33. No Obligation to Form Community Facilities District. Developer
acknowledges that the decision of the City Council of the City to form CFD No. 2001-2 is a
legislative action and the City may not enter into an agreement to obligate the City Council to
exercise its legislative discretion in a particular manner or for a particular result. This Agreement
does not, therefore, in any way create a contractual, legal or equitable obligation of or
commitment by the City to approve the formation of CFD No. 2001-2.
SECTION 34. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
SECTION 35. Authority of Signatories. Each signatory and party hereto hereby represents and
warrants 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 and/or other actions have been taken so as to
enable such party to enter into this Agreement.
[End of page. Next page is signature page.]
22
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Signature Page to
Acquisition/Financing Agreement by and between
the City of Chula Vista and McMillin Otay Ranch, LLC,
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
MCMILL1N OTAY RANCH, LLC, a
Delaware limited liability company
By: McMillin Companies, LLC, a
Delaware limited liability company
Its: Manager
By:
Its:
By: Its:
10.16.02
Exhibit "A"
ACQUISITION AND FINANCING AGREEMENT FOR CFD 2001-2 (OTAY RANCH SPA 2)
IMPROVEMENT DESCRIPTION AND ESTIMATED COSTS
Improvement Improvement Description~ Cost
Number Estimate2
1 Traffic Enhancement Improvements $1,000,0003
2 La Media South (East Palomar to~ Olympic Parkway) 1,989,596
3 La Media South Landscaping 509,754
4 Olympic Parkway 3,311,226
5 Olympic Parkway Landscaping 472,374
6 Birch Parkway onsite (Magdalena to SR-125) 1,619,051
7 Birch Parkway Landscaping 269,200
8 Magdalena St. (Phase 1) 398,738
9 Magdalena St. (Phase 1) Landscaping 61,600
10 Magdalena St. (Phase 2) 332,835
11 Magdalena St. (Phase 2) Landscaping 53,680
I2 Magdalena St. (Phase 3) 187,620
13 Additional facilities to be financed from the proceeds of Pedestrian 415,000
Bridge Development Impact Fees payable as a condition of
approval of the development of property within CFD
14 La Media Road Onsite Landscaping (between Olympic Parkway 149,350
and Santa Venetia)
15 Santa Venetia Street Onsite Landscaping 269,200
16 La Media Oft'site (between Santa Venetia and Birch Parkway) and 869,578
Landscaping
17 Birch Parkway Offsite (between La Media and Magdalena) 1,086,731
18 Olympic Parkway Channel 207,139
Totals $13,202,672
Notes:
Sources: Developer, McGill Martin Self, Inc.
The description of the Improvements set fbrth in this Exhibit "A" is preliminary and
general. The final plans and specifications may show substitutes or modifications to the
proposed Improvements and proposed Improvements may be added or deleted with the consent
Developer and the City Engineer. Components of all roadway improvements eligible for
funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry
utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
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10.16.02
medians, (vi) traffic signals, (vii) lighting, (viii) landscaping and (ix) all other appurtenant
improvements.
2/ Cost estimates are preliminary and may be modified from time to time with the consent
of Developer and the City Engineer.
3/ Cost estimate for the Traffic Enhancement Improvements constitutes the estimated
amotmt to be reserved out of the proceeds of the Bonds equivalent to the Developer's Fair Share
of the cost of construction of the Telegraph Canyon Roadway Improvements as established
pursuant to the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Such
amount shall be subject to revision pursuant to the provisions hereof, the Telegraph Canyon
Traffic Enhancement Agreement and any Future Traffic Enhancement Agreement.
A-2
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EXHIBIT B
SUBSTANTIAL COMPLETION CmTEmA FOR IMPROVEMENTS
OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS
General:
1. Substantial completion of an Improvement, other than a Traffic Enhancement Improvement,
for purposes of determining the eligibility of such Improvement for the payment of the "Base
Increment" (75% of the Purchase Price) therefore shall mean that (a) the construction or
work with respect to such Improvement, including each component of such Improvement,
has progressed to the point where it is sufficiently complete so that it can be utilized for the
purpose for which it was intended and, in the case of an Improvement which includes streets
and for which landscaping improvements constitute a separate Improvement hereunder, (b)
the Developer has provided to the City Engineer a copy of an executed agreement to provide
for the installation of the landscaping constituting such related Improvement. For example,
the construction of La Media Road South shall not be deemed to be substantially complete
until the City Engineer has received a copy of an executed agreement for the installation of
the La Media Road South Landscaping. Substantial completion criteria for each
Improvement or component of-an Improvement is further described below.
2. Payment for the remaining 25% ("Retained Increment") of the Purchase Price for an
Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made after
(a) the substantial completion of all landscaping included in any related Improvement and (b)
submittal of a payment request form, as-built plans, posting of maintenance bonds, and
submittal of lien release evidence. For example, the Retained Increment for the La Media
Road South shall not be made until the substantial completion of the La Media Road South
Landscaping.
Substantial Completion Criteria:
A. Grading: Grading shall be deemed to be complete upon (I) completion of all preliminary
grading work (mobilization, site clearing, remedial grading, overexcavation, installation of
subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity
verification by the civil engineer, and confirmation by the City inspector and (3) installation
of all surface grading improvements (brow ditches, retaining walls, slope protection and
similar improvements) and the certification thereof by the geotechnical engineer and
confirmation by the City inspector.
B. Sewer: Sewer construction shall be deemed substantially complete upon the installation,
flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other
appurtenances of the sewer system as shown on the approved plans and specifications
therefore and in accordance with the City standard plans and specifications and the
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10.16.02
verification of such installation by the civil engineer and confirmation of such installation by
the City inspector.
C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete
upon installation as shown on the approved plans and specifications therefore and in
accordance with the City standard plans and specifications and verification of such
installation by the civil engineer, and confirmation of such installation by the City inspector.
D. Drainage Facilities: Drainage structures including energy dissipation devices (rip-rap, drop
structures, cut-off walls, etc), drainage diversion structures, facilities required as part of the
environmental mitigation measures, and other drainage channel appurtenances including
drainage pipes connecting the brow ditches to the channel, shall be deemed substantially
complete for payment of the Base Increment upon the installation thereof as shown on the
approved plans and specifications therefore and in accordance with City standard plans and
specifications and the verification of such installation by the civil engineer and confirmation
of such installation by the City inspector.
E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed
substantially complete upon the installation of the conduits, junction boxes, payment of
utility fees, and written acceptance of the facilities by the utility companies.
F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage
improvements shall be deemed substantially complete upon the installation thereof as shown
on the approved improvement plans therefore and in accordance with City standard plans and
specifications and confirmation of such installation by the City inspector of all storm drain
pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system,
installation of roadway base material, concrete curb and gutter, and AC pavement including
the preparation of the subgrade and base material.
G. Other Street Surface Improvements: Street surface improvements including street lights,
traffic signals and conduits, signal interconnect, street name signs, roadway signing and
striping, and appurtenances shall be deemed substantially complete when installed as shown
on the improvement plans and in accordance with City standard plans and specifications and
upon confirmation of such installation by the City inspector.
H. Street Landscape In-igation and Planting: Parkway landscaping within the roadway right of
way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian
ramps, channel maintenance roads and all associated subgrade and base material preparation
shall be deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
I. Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside
of the roadway and channel right of way and the regional trail (DG) and fencing shall be
deemed substantially complete upon installation thereof as shown on the approved
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improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
B-3
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EXHIBIT "C"
DESIGN, BID, CONTRACT AND CHANGE ORDER REQUIREMENTS
1. General
These requirements shall be applied to all improvements proposed to be acquired through
CFD No. 2001-2. Any deviation from these requirements must be approved by the
Public Works Director.
References to the Public Works Director means the Public Works Director, City Er~gineer
or their designee.
The City reserves the right to make the final determination of cost of the Improvements to
be acquired in accordance with this Agreement.
2. Design Phase
A. Only design costs directly related to the public improvements to be acquired are
eligible for inclusion.
B. Bidding Documents. Two complete sets of bidding documents, including
improvement plans, general provisions, and bid proposal forms shall be submitted to the
Engineering Division for review and approval within 15 working days of submittal.
Advertising for bids shall not take place until the bidding documents are approved in
writing by the City. This procedure shall be followed for each contract proposed to be
advertised. Unless otherwise noted, the bidding documents shall conform to the
following minimum requirements:
1. Unless impractical due to the nature of the improvement, the bid proposal
shall be unit priced rather than lump sum. A.C. pavement, base and sub-base
shall be bid on a square foot per inch thickness basis.
2. The bidding documents shall require the bidder/contractor to provide the
following bonds:
a. Bid Bond - 10% of the amount of the bid.
b. Material and Labor Bond - 50% of the contract amount.
c. Performance Bond - t 00% of the contract amount.
The Contractor shall post performance and labor and material bonds for all
improvements as part of the bid. The City of Chula Vista shall be named as
additional obligee with the right to call such bonds if needed. Such bonds shall
C-1
10.16.02
remain in effect until such time as all improvements are completed and accepted
by the City Engineer. The City Engineer shall be the sole judge in determining
the release of such bonds.
3. The bidding documents shall require the successful bidder to provide
evidence of comprehensive or commercial general public liability insurance in the
amount of at least $1,000,000 prior to the award of the contract.
4. Unless otherwise required by the City, the contractor is not required to pay
prevailing wages.
5. The bidding documents must clearly state the time, date, and place where
bids are to be submitted and opened.
6. The bidding documents shall clearly state the amount of time to complete
the work. The time allowed must be reasonable for the amount of work.
Accelerated construction time allowances must be supplementally bid, and are not
eligible for public finance unless previously approved by the City Engineer.
3. Bidding Phase
A. The Notice inviting Sealed Bids shall be published in the Chula Vista Star News
and the San Diego Daily Transcript. The notice inviting bids shall state where
bidding documents are available.
B. The bidding period following the advertisement of the Notice Inviting Sealed Bids
shall be a minimum of 14 calendar days.
C. Developer shall provide complete sets of bidding documents to all contractors,
subcontractors, or suppliers requesting them. A reasonable price may be charged
for bidding documents.
D. Developer shall keep a log of all persons obtaining bidding documents, and their
mailing address.
E. Addenda shall be mailed by first class mail to all bidding documem holders and
the Public Works Director. If an addendum is required within five working days
of the noticed bid opening date, the bid opening date shall be extended.
F. Submitted bids shall be in sealed envelopes.
G. Bids shall not be accepted after the stated time for submission.
C-2
10.16.02
H. Bid opening shall be conducted by the Developer at the Developer's place of
business or other site mutually acceptable to the Developer and Public Works
Director.
E. Sealed bids shall be opened and read aloud immediately following the submission
time. A City representative shall be invited to attend the bid opening.
J. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be
accepted.
K. The bid proposals shall conform to all state and local laws governing the listing of
subcontractors and suppliers.
L. The arithmetic of the two lowest bid proposals received shall immediately be
checked for errors.
M. A tabulation of all bids received shall be provided to the Public Works Director
within five working days of the bid opening.
N. Award shall be made to the lowest responsible bidder within a reasonable period
of time following approval by the Public Works Director.
O. A preconstruction meeting shall be held with the contractor prior to beginning the
work. A City representative shall be invited to attend the meeting.
P. The Notice to Proceed shall be issued within a reasonable period of time
following the contract execution.
4. Construction Phase
A. The City shall be provided a copy of the construction schedule.
B. Developer shall require the contractor to conduct weekly construction
status meetings to ~vhich a City representative shall be invited.
C. Any additional costs incurred for the benefit of the Developer, such as
accelerating the construction schedule, shall not be eligible for public financing
unless previously approved by the City Engineer.
D. Any additional construction costs incurred due solely to delays caused by
the Developer shall not be eligible for public financing.
E. All contracts and construction related records shall be available to the City
as and when required for the final determination of eligible costs for the public
c-3
10.16.02
financing. This shall include trip tickets and other confirmations of material
delivered to the Improvement.
5. Change Orders
A. No single change order for a TDIF Improvement shall be eligible for inclusion in
the Purchase Price for such Improvement that increases or decreases the original
contract amount for the construction of such Improvement by more than $50,000
without City Council approval.
B. All change orders shall be fully documented and be in a format consistent and be
in a format consistent with the original bid items (i.e., show units, unit costs,
extensions and total costs). The City Engineer, in his/her sole discretion shall
determine the eligibility of each change order for inclusion in the Purchase Price
for an Improvement.
C. The aggregate of all change orders for TDIF Improvements, including those for
differences between estimated and actual quantities shall not increase the contract
amount by more than the amount specified below without City Council approval:
Original Contract Range Maximum Aggregate Increase
Up to $100,000 10%
$100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000
More than $1,000,000 $73,000 plus 5% of amount over $1,000,000
The aggregate of all change orders for any non-TDIF Improvement shall not
increase the Purchase Price thereof so as to cause such Purchase Price to exceed
the cost estimate for such Improvement as set forth in Exhibit A by more than
25% without City Council approval.
D. All change orders involving changes in scope of the project, or increases of
contract amounts greater than outlined in C. above shall be submitted to the City
Council for approval after the construction of the Improvement is completed, but
before the payment of any portion of the Purchase Price for such Improvement is
authorized by the City Engineer. Change orders that the Developer does not wish
to include in the Purchase Price for an Improvement do not need to go to City
Council for approval.
E. Negotiated set price change orders are acceptable where most of the items of work
in the change order have unit prices from the bids. Where change orders are for
work that does not have unit prices for a substantial portion of the work contained
within the bids, time and materials change orders are preferred.
C-4
10.16.02
EXHIBIT "D-I"
BASE INCREMENT
PAYMENT REQUEST NO.
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Base Increment of the Purchase Price of the Improvements (as defined in
the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies,
represents and warrants to the City as tbllows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Improvements that are the subject of this Payment Request have been
substantially completed in accordance with Exhibits A and B.
C. The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Base Increment for which payment is requested has not been the
subject of any prior payment request paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
F. The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
G. Developer is in compliance with the terms and provisions of the Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Improvements.
I. A copy of a letter of conditional lien release for the improvements for which
payment is requested is included this request. In addition, a letter from the
contractor(s) stating that have been paid in full by the Developer for the
Improvements for which payment is requested is also included in this request.
10.16.02
D - 1 - 2
q-31
10.16.02
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
10.16.02
ATTACHMENT I
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Improvement [ Purchase Price Base Increment Disbursement
I
Requested
[List here all Improvements for which payment is requested, and attach supporting
documentation]
10.16.02
EXHIBIT "D - 2"
RETAINED INCREMENT
PAYMENT REQUEST NO.
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total mount
of $ for the Retained Increment of the Purchase Price of the Improvements (as
defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the
"City") and Developer and described in Exhibit A to that Agreement), all as more fully described
in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby
certifies, represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. Developer has submitted or submits herein to the City, if applicable, as-built
drawings or similar plans and specifications for the Improvements and such
drawings or plans and specifications, as applicable, are tree, correct and complete.
C. The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Retained Increment for which payment is requested has not been
the subject of any prior payment request paid by the City.
D. Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost for which payment is
requested.
E. The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
F. Developer is in compliance with the terms and provisions of the Agreement.
G. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after one inquiry, will attach to the Improvements.
D-2-1
q-qz
10.16.02
1 hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
D-2-2
10.16.02
ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Improvement Purchase Price Base Increment Disbursement
Requested
[List here all Improvements for which payment is requested, and
attach supporting documentation]
D-2-3
10.16.02
EXHIBIT "D-3"
BASE INCREMENT
PAYMENT REQUEST NO.
(TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Base Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the Acquisition/Financing Agreement by and among the City of
Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as
more fully described in Attachment 1 hereto. In colmection with this Payment Request, the
undersigned hereby certifies, represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Traffic Enhancement Improvements that are the subject of this Payment
Request have been substantially completed in accordance with Exhibits A and B.
C. The Purchase Price for the Traffic Enhancement Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement)
and have not been inflated in any respect. The portion of the Base Increment for
which payment is requested has not been the subject of any prior payment request
paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
F. The Traffic Enhancement Improvements for which payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
G. Developer is in compliance with the terms and provisions of the Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Traffic Enhancement
Improvements.
D-3-1
10.16.02
I. A copy of a letter of conditional lien release for the Traffic Enhancement
Improvements for which payment is requested is included this request. In
addition, a letter from the contractor(s) stating that l~ave been paid in full by the
Developer for the Traffic Enhancement Improvements for which payment is
requested is also included in this request.
D-3 -2
10.16.02
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
D-3 -3
10.16.02
ATTACHMENT 1
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement
[List here all Traffic Enhancement Improvements for which payment is requested, and attach
supporting documentation]
D-3-4
10.16.02
EXHIBIT "D - 2"
RETAINED INCREMENT
PAYMENT REQUEST NO.
(TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount of
$ for the Retained Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the Acquisition/Financing Agreement by and among the City of Chula
Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully
described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby
certifies, represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Traffic Enhancement Improvements have been accepted by the City.
C. The Purchase Price for the Traffic Enhancement Improvements has been calculated in
conformance with the terms of the Agreement. All costs for which payment is
requested hereby are eligible costs (as permitted in the Agreement) and have not been
inflated in any respect. The Retained Increment for which payment is requested has
not been the subject of any prior payment request paid by the City.
D. Supporting documentation (such as third party invoices, change orders, lien releases
and checks) is attached with respect to each cost for which payment is requested.
E. The Traffic Enhancement Improvements for which payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
F. Developer is in compliance with the terms and provisions of the applicable Traffic
Enhancement Agreement and the Acquisition/Financing Agreement.
G. No mechanics liens or other encumbrances have attached, or to the best knowledge of
Developer, after one inquiry, will attach to the Traffic Enhancement Improvements.
E-I
10.16.02
I hereby declare under penalty of perjury that the above representations and warranties are true and
correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to Director
of Finance
Public Works Director
Dated:
E-2
10.16.02
ATTACHMENT 1
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement
[List here all Traffic Enhancement Improvements for which payment is requested, and
attach supporting documentation]
E-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FORM OF AN ACQUISITION/FINANCING
AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO.
2001-2 (MCMILLIN -OTAY RANCH -VILLAGE SIX)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has held and conducted proceedings relating to the levy of special taxes and the
issuance of bonds in a community facilities district to finance the acquisition of certain public
improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982", being Chapter 2.5. Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). Such community facilities district is designated as COMMUNITY
FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX) (the
"District"); and,
WHEREAS, the District was formed for the purpose of financing the acquisition of such
public improvements from McMillin Otay Ranch, LLC, the master developer of the property
within the District (the "Developer"); and,
WHEREAS, the City and the Developer have negotiated the terms and conditions
pursuant to which the public improvements are to be constructed by the Developer and acquired
by the City and bonds are to be issued to finance the acquisition or construction of such public
improvements and such ternls and conditions have been memorialized in an
Acquisition/Financing Agreement by and between the City and the Developer (the
"Acquisition/Financing Agreement"), the form of which has been presented to this City Council
for its consideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of Acquisition/Financing Agreement, herewith submitted, is
approved substantially in the forn~ submitted. The Mayor is hereby authorized to execute the
final form of such agreement on behalf of the City. The City Manager, subject to the review of
the City Attorney and Bond Counsel, is authorized to approve changes in such agreement
deemed to be in the best interests of the City, approval of such changes to be evidenced by the
execution of such agreement.
1
Presented by: Approved as to form by:
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J:/Attorney/reso/acquisition financing agree CFD 01
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SIGNATUR.E PAGE TO
DESIGN/EilU1LD AGR~EMENT.
CITY OF CHULA. VISTA
~udolph and Sletten, Inc.
By:
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Shirley Horton. Mayor
ATIEST:
SU$an Bigelow. City CIeri<
Approved as to form by
John M. Kaheny, City Attomey
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 10/22/02
ITEM TITLE: Resolution approving the Purchase Agreement with Otay
Project, LP for the real property needed for Fire Station No. 7, located at
the southeast comer of La Media Road and Street A in Village 2 of Otay
Ranch in eastern Chula Vista, and authorizing the Mayor to execute said
agreement
Resolution approving a Design Build Agreement with Rudolph
and Sletten, Inc. for the provision of services required to design and
construct Fire Station No. 7, located at the southeast comer of La Media
Road and Street A in Village 2 of Otay Ranch in eastern Chula Vista, and
authorizing the Mayor to execute said agreement
SUBMITTED BY: Andy Campbell, Director of Building and Park Construction ~
REVIEWED BY: City Manager j~c/Vl (4/5ths Vote: Yes No X )
The City Council previously approved CIP project #PS-150 which involves the construction of a
completed and fully functional 12,000 square foot 4-bay fire station including the facilities and
site-work required to provide fire service to the eastern territories of the City. The project is
ready to begin the design phase. The resolutions before council this evening will purchase the
real property and award Rudolph and Sletten, Inc. a Design Build Agreement for Fire Station No.
7.
RECOMMENDATION: That the City Council approve a Purchase Agreement with Otay
Project, LP for the real property needed for Fire Station No. 7 and a Design Build Agreement
with Rudolph and Sletten, Inc. for the provision of services required to design and construct Fire
Station No. 7 and authorize the Mayor to execute said agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On July 30, 2002, the Department of Building and Park Construction issued an RFP for Design
Build Services (D/B) to assist staff in the work required to design and construct Fire Station No.
7. On August 20, 2002, the City received eight proposals in response to the RFP. A selection
committee, appointed by the City Manager, comprised of Robert C. Baumgarten, Attorney at
Law; Kimberly Krenik, Architect; Jim Geering, Assistant Fire Chief; Iracsema Quilantan,
Administrative Services Manager; and Matt Little, Senior Civil Engineer reviewed and evaluated
/0-/
Page 2, Item: /0
Meeting Date: 10/22/02
the proposals. After reviewing the proposals submitted by the eight firms a short list of four
firms was established. The four firms were Rudolph and Sletten, Inc., Douglas E. Bamhart, Inc.,
Erickson-Hall Construction, and HB&A Architects, Inc. The selection committee conducted
interviews with all four firms. The interview process and evaluation was based on eleven
categories of evaluation. Rudolph and Sletten, Inc. was selected unanimously as the most
qualified firm and had the most cost effective proposal.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Rudolph and Sletten, Inc. for the
provision of services required to design and construct Fire Station No. 7. This will be the City's
third utilization of the design/build process as a project delivery system. The Police Building
was the first Design/Build project, the Nature Center's Shark and Ray Experience the second.
The design/build process includes functions that are quite different from the design/bid/build
process typically used for City construction projects.
The design/build process employs a single entity, either a general contractor or an amhitect,
which provides both design and construction services. In the typical scenario, a design/build
oriented general contractor provides the design and construction services. Alternatively,' an
architectural firm may provide the design services and hire the general contractor on a consulting
basis for the construction phase. In this later scenario, the architectural firm will be held
responsible for all aspects of the project. In the case of Fire Station No. 7, the design/build
process will place sole responsibility for delivery of the project upon Rudolph and Sletten, Inc., a
general contractor. Rudolph and Sletten, Inc. will subcontract for the design and consulting
services, and trade contracts during the construction phase. Generally utilization of a
design/build process will provide savings in cost and time because the entire project is managed
and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple
entities and overhead on one project.
The design/build process provides the City the flexibility to work with the best contractors in the
County as it does not necessarily require award to the lowest responsible bidder.
PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS
As proposed, the Purchase Agreement with Otay Project, LP. will provide the City a net 1.5 acre
pad for Fire Station No. 7. Otay Project, LP will provide all utilities, rough grading and
construct the frontage road, which will provide access to the site. The purchase price that the
City agrees to pay for the property is $525,000 and $116,000 for the rough grading.
As p~-oposed, the Design/Build Agreement with Rudolph and Sletten, Inc. will provide the City
with a fully functional fire station that will provide service to the eastern tenitories of the City.
The scope of work includes but is not limited to the following:
Design and construct a completed and fully functional 12,000 square foot 4-bay fire
station including the facilities and site-work required to provide fire service to the eastern
territories of the City. The fire station shall include, but not be limited to all components
outlined and described in the Program of Facility Requirements .included in the RFP.
Fire Station No. 7 is located at the southeast comer of La Media Road and Street A in
Village 2 of Otay Ranch in eastern Chula Vista.
Page 3, Item: / LO
Meeting Date: 10/22/02
Rudolph and Sletten, Inc. shall perform all services, work, and obligations as described
necessary to provide a fully completed and functional Project, which shall include design
services, general conditions, and construction management for the not to exceed amount of
$579,776. At 90% complete documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functional fire station in accordance
with all applicable building codes. A fee of 3.75% of hard construction costs, plus a liability
insurance cost of 0.8% (in addition to the .78% premiums of the Payment and Performance Bond
rate) will be the included within the GMP. Staff will return to Council for approval of the GMP.
CHANGE ORDERS
Under the design/build process, change orders are handled differently than under the
design/bid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by the City, which results in a
significant change to the original scope. Otherwise, change orders are reviewed/approved by
staff and the design builder. This practice is commonplace when using the design/build
construction technique.
An example of a change in the scope of work could be unanticipated subsurface conditions
causing substantial additional work by Rudolph and Sletten, Inc. that was not anticipated in the
original agreement (a preliminary soils evaluation and report was completed by a qualified
contractor which suggests that the soils should not be an issue). Therefore, depending on the
significance of problematic discoveries on the site, staff may be required to process a change
order due to a change in scope of work.
PROJECT COMPLETION DATES
Rudolph and Sletten, Inc. has agreed and the contract reflects the following completion dates:
· Substantial Completion: September 11, 2003.
Substantial Completion shall be that stage in the progress of the construction when all
Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided under the terms and
conditions of the Constmctlon Documents are in place and have been initially tested, and
are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
,, Final Completion shall occur at the conclusion of construction when all Work on the
Project is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project; Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
Page 4, Item: ,/~
Meeting Date: 10/22/02
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in the previously adopted Fire Station #7 Initial Study (IS-02-033). Thus, no
further environmental review or documentation is necessary.
FISCAL IMPACT:
The City shall purchase the 1.5 net acres of real property for $525,000. The purchase price shall
be payable as follows: $310,500 cash (from existing PS-150 appropriation) and $214,500 in the
form of credit to the Public Facilities Development Impact Fee. Additionally, grading costs of
$116,000, paid in cash from existing PS-150 appropriation are included in the sales agreement.
The total costs to purchase and grade the real property is; $525,000 + $116,000 = $641,000.
Rudolph and Sletten, Inc. shall perform design services, general conditions, and construction
management for the not to exceed amount of $579,776. At 90% complete documents a
Guaranteed Maximum Price (GMP) will be established as part of the agreement, which will
include, but not be limited to, the cost for all labor, equipment, and material to design and build a
fully functional fire station in accordance with all applicable building codes. A fee of 3.75% of
hard construction costs, plus a liability insurance cost of 0.8% (in addition to the .78% premiums
of the Payment and Performance Bond rate) will be included in the GMP at 90% complete
documents. The estimated cost for design and construction is $4,100,000. Staff will return to
Council for approval of the GMP.
Attachments: Attachment 1 Purchase Agreement
Attachment 2 Design/Build Agreement
J:\BPC\BPC Administration~Agenda\Fire Station #7 A113 .doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE AGREEMENT
WITH OTAY PROJECT, LP FOR THE REAL PROPERTY
NEEDED FOR FIRE STATION NO. 7, LOCATED AT THE
SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET
A IN VILLAGE 2 OF OTAY RANCH IN EASTERN CHULA
VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, City Council previously approved CIP project #PS-150 which
involves the construction of a completed and fully functional 12,000 square foot 4-bay fire
station including the facilities and site-work required to provide fire service to the eastern
territories of the City; and
WHEREAS, the property is currently owned by Otay Project, LP and is located at
the southeast corner of La Media Road and Street A in Village 2 of Otay Ranch in eastern Chula
Vista; and
WHEREAS, as proposed, the Purchase Agreement with Otay Project, LP will
provide the City a net 1.5 acre pad for Fire Station No. 7; and
WHEREAS, Otay ProJect, LP will provide all utilities, rough grading and access
to the site; and
WHEREAS, the purchase price that the City agrees to pay for the property is
$525,000 and $116,000 for the rough grading; and
WHEREAS, the purchase and construction of Fire Station No. 7 was previously
analyzed in IS-02-033 and no further environmental review is required; and
WHEREAS, staff recommends that the City Council approve a Purchase
Agreement with Otay Project, LP for the real property needed for Fire Station No. 7.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a
Purchase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of thc City of Chun Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Andy Campbell ~ O.C~At
Director of Building and Park ~oKma~e~}lye']
Construction
J:\Attorney\RESO\Fire Station #7 a.doc
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
John K/l.2~l~aheny ~
City Attorney
Dated:
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
OTAY PROJECT, LP, Seller
and
THE CITY OF CHULA VISTA, Buyer
PURCHASE AGREEMENT AND ESCROW iNSTRUCTIONS
OTAY PROJECT, LP
("Seller")
and
CITY OF CHULA VISTA
("Buyer")
Dated: October 22, 2002
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
("Agreement") is made and entered into as of October ,2Q02 ("Effective Date"), by
and bet~veen OTAY PROJECT, LP, a California limited partnership ("Seller"), and the
CITY OF CHULA VISTA, a municipal corporation ("Buyer"), with reference to the facts
set lbrth below.
RECITAL
A. Seller is the owner of approximately 1.62 acres of that certain real
property situated in the City of Chula Vista, County of San Diego, State of California, as
more particularly described as in Exhibit "A," attached
hereto and incorporated herein (the "Property").
B. Seller's execution of this Agreement constitutes an irrevocabl~ offer to sell
the Property on the terms and conditions stated herein.
C. This Agreement is intended to set forth (i) a contract of purchase and sale
between Buyer and Seller, and (ii) joint escrow instructions from Seller and Buyer to
CHICAGO TITLE INSURANCE COMPANY ("Escrow HoldeW), the consent of which
appears at the end of this Agreement.
NOW THEREFORE, in consideration of the mutual agreements set forth herein
and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Buyer agrees to purchase and Seller agrees to sell the Property on the
terms and conditions set forth below.
1. Agreement Of Purchase And Sale. Buyer agrees to purchase and Seller
agrees to sell the Property on the terms and conditions set forth herein.
2. Purchase Price. The purchase price ("Purchase Price") that Buyer agrees
to pay for the Property and Seller agrees to accept for the Property is Five Hundred
Twenty-five Thousand Dollars and No Cents ($525,000.00).
2.1 Purchase Price. The Purchase Price shall be payable through
Escrow as follows:
a. $310,500 shall be delivered to Escrow agent in cash,
in the form of a cashier's or certified check or wired
funds prior to the close of Escrow.
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lO
b. $214,500 shall be in the form of credit to the Public
Facilities Development Impact Fee.
2.2 Grading Cost. Buyer agrees to pay an additional $116,000 as full
compensation for all grading to be completed by Seller on the Property and Street A prior
to Close of Escrow consistent with Exhibit B.
3. Escrow. The trm~saction contemplated by this Agreement shall be
processed through an escrow ("Escrow") established with Escrow Holder. Escrow shall
be deemed opened ("Opening of Escrow") upon Seller's delivery to Escrow Holder of a
signed counterpart of this Agreement. The term "Close of Escrow" and similar
references shall mean the date that Seller's Grant Deed (defined below) is filed for record
in the Offic.e of the County Recorder of San Diego County. The Close of Escrow shall
occur on or before . The Close of Escrow may be extended
beyond the Closing Date only by mutual agreement of the parties, as ovidenced by
delivery to Escrow Holder of written instructions, signed by Seller and Buyer, stating the
agreed-upon date for the Close of Escrow.
4. Title. Seller shall convey the Property to Buyer subject only to those
exceptions to title identified in the preliminary title report for the Property attached hereto
and incorporated herein as Exhibit "C".
5. Deliveries By Buyer. The Purchase Price and any additional fnnds
necessary to pay Buyers closing costs and prorations shall be paid as provided for in
Section 2 on or before the Close of Escrow.
6. Deliveries By Seller. On or before the Close of Escrow, Seller shall sign,
acknowledge and deposit into Escrow a grant deed (the "Grant Deed") conveying the
Property to Buyer. Provided that all terms and conditions of this Agreement have been
satisfied, Escrow Agent shall record the Grant Deed at the Close of Escrow.
7. Close of Escrow. Escroxv Holder shall close this Escrow on the Closing
Date by (i) filing for record Seller's Grant Deed and such other documents as may be
necessary to procure the Title Policy (defined below), and (ii) delivering funds and
documents to the parties (as set forth herein) when and only when each of the following
conditions has been satisfied:
7.1 Deliveries. All funds and documents described in Sections 5 and 6
have been delivered to Escrow Holder.
7.2 The Title Policy. Chicago Title Insurance Company is irrevocably
committed to issue a CLTA owner's policy of title insurance ('Title Policy"), with
liability in the amount of the Purchase Price, insuring that the fee title to the Property
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vests in Buyer subject only to: (i) the exclusions listed in the standard "Schedule of
Exclusions from Coverage' of the Title Policy; (ii) real estate taxes and assessments
which are, as of the Close of Escrow, not delinquent; (iii) the exceptions to title permitted
pursuant to Section 4 above; and (iv) any liens or encumbrances voluntarily imposed by
Buyer.
7.3 Seller has certified in writing the Property and adjacent streets
have been rough graded and the utilities have been enter the site as reflected on
Exhibit B.
8. Prorations Expenses and Distributions.
8.1 Prorations. Ail real property taxes and assessments against the
Property shall be prorated between Buyer and Seller as of the Close of Escrow such that
Seller is responsible for paying all property taxes and assessments that accrue prior to the
Close of Escrow. Escrow Holder shall have no obligation in connection with 'this section.
8.2 Expenses of Escrow. The expenses of the Escrow shall be paid in
the following manner:
a. Seller shall pay: (i) one-half (1/2) of the Escrow fees and
costs; (ii) all documentary transfer taxes; and (iii) the premium for the CLTA Title
Policy.
b. Buyer shall pay: (i) one-half (1/2) of the Escrow fees and
costs; (ii) the cost of recording Seller's Grant Deed or other instruments executed by
Seller conveying title to the Property to Buyer; and (iii) the cost of any endorsements to
the Title Policy.
8.3 Deliveries By Escrow Holder At Close Of Escrow. Promptly upon
the Close of Escro~v, Escrow Holder is instructed to deliver funds and documents to the
parties respectively entitled to receive them. Escrow Holder shall instruct the recorder to
mail Seller's Grant Deed to Buyer. Unless otherwise expressly stated in this Agreement,
all disbursements shall be made by Escrow Holder's checks or immediately available
funds.
8.4 Escrow Holder's General Provisions. The General Provisions of
Escrow Holder are attached hereto as Exhibit "D" and incorporated herein by reference.
In the event of a conflict between the provisions of this Agreement and the General
Provisions, the provisions of the Agreement shall control.
9. Assignment. Except for assignments to affiliate entities, neither Buyer nor
Seller may assign its rights under this Agreement without the written consent of the other
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party. An assignment shall not release the assignor from its obligations under this
Agreement.
10. Seller's Representations and Warranties. Seller represents and warrants
that (i) Seller has no current actual knowledge, except as set forth below, that there has
been released on or beneath the Property any Hazardous Materials, and (ii) Seller has no
current actual knowledge of any environmental condition on the Property which would be
violation of any applicable federal, state or local law, ordinance or regulation relating to
Hazardous Materials other than those petroleum products, pesticides and other
agricultural and commercial chemicals customarily used in agricultural and commercial
operations of the type currently conducted by Seller on Seller's overall real property
holdings in the vicinity of the Property all of which have been (subject to the following
disclosure) and will be used in accordance with all applicable laws and regulations.
For purposes of this section of the agreement, the term "Hazardous Materials"
means and refers to any substance, material or waste which is or becomes (i) regulated by
any local or regional governmental authority the State of California or the United States
Government as a hazardous waste; (ii) is defined as a "solid waste", "sludge", "hazardous
waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA
hazardous waste," "recyclable material," under any federal state or local statute,
regulation, or ordinance, including, without limitation, Sections 25115, 25117, 25117.9,
25120.2, 25120.5 or 25122.7, 25140, 25141 of the California Health and Safety Code;
(iii) defined as a "Hazardous Substance" under Section 25316 of the California Health
and Safety Code; (iv) defined as a "Hazardous Material," "Hazardous Substance" or
"Hazardous Waste" under Section 25501 of the California Health and Safety Code; (v)
defined as a "Hazardous Substance" under Section 25281 of the California Health and
Safety Code; (vi) asbestos; (vii) petroleum products, including, without limitation,
petroleum, gasoline, used oil, crude oil, waste oil and any fraction thereof, natural gas,
natural gas liquefied, natural gas, or synthetic fuels, (viii) materials defined as hazardous
or extremely hazardous pursuant to the California Code of Regulations; (ix)
polychlorinated biphenyls, (x) defined as a "Hazardous Substance" pursuant to Section
311 of the Federal Water Pollution Control Act (33 U.S.C. Section 125l et seq.); (xi)
defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., (xii) defined as a
"Hazardous Substance" or "Mixed Waste" pursuant to Section 1 O1 of the Comprehensive
Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et
seq., and regulations promulgated thereunder; (xiii) defined as a "Hazardous Substance"
pursuant to Section 401.15 of the Clean Water Act, 40 C.F.R. l 16; or (xiv) defined as a
"Extremely Hazardous Substance" pursuant to Section 302 of the Superfund
Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.
4
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11. Agreements Not Involving Escrow Holder. The following provisions
are agreements between Buyer and Seller, and Escrow Holder shall have no obligation or
liability in connection therewith:
11.1 Condition of Real Property. Buyer represents that it has fully
investigated and inspected all aspects of the Property and agrees that, subject to the
representations, warranties and covenants of Seller expressly set forth herein, Buyer shall
accept the Property in its "as is" condition or status as of the Closing Date. Buyer
acknowledges and agrees that except to the extent expressly set forth herein, Seller has
not made and is not making any express or implied warranties or representations of any
kind or character with respect to the Property, and Buyer warrants and represents that it
has not relied upon and will not rely upon, either directly or indirectly, any warranty or
representation of Seller not expressly set forth herein.
11.2 Specific Performance. The parties expressly agree that damages
will not adequately compensate Seller for any breach by Buyer of its obligations
hereunder, and further agree ihat Seller shall be entitled to specific performance of this
Agreement.
11.3 Seller Not a Foreign Person. Seller warrants that no individual or
entity which, under the terms of this Agreement, will transfer United States Real Property
Interests, as defined in § 897(c) of the Internal Revenue Code, is a "foreign person"
within the meaning of § 1445(1) of the Internal Revenue Code. Seller also warrants that
Buyer as transferee will not be required to withhold tax pursuant to § 26131 of the
California Revenue and Taxation Code. Seller agrees to execute arid deliver through
Escrow prior to closing an affidavit similar in form and substance to the affidavit attached
hereto and incorporated herein as Exhibit "E".
11.4 Property Access. Between the date of Opening of Escro~v and the
close or earlier termination of Escrow, Seller shall allow Buyer and its agents free,
reasonable access to the Property, upon reasonable notice to Seller.
11.5 Governmental Permits and Processing. During the Escrow period,
Buyer shall have the right to file applications for and to process, at Buyer's expense,
applications for governmental permits and approvals for zoning, land use, subdivision,
improvement, development and construction relating to the Property and Buyer's
intended use. Seller shall execute any applications or other documents referenced by
applicable governmental authorities to authorize Buyer to process such permits and
approvals, and shall cooperate reasonably with Buyer in connection therewith.
11.6 Condemnation or Damage. If, prior to Close of Escrow, an action
is commenced for the condemnation of the Property or any materially damaged by fire,
earthquake or other cause, so as, in either event, to render the Property unsuitable for
5
J:',Attorney',E[iull\Otay ProJect\Purchase Agmt and Escrow Instructions,doc
Buyer's use, then Buyer shall have the right to terminate this Agreement by delivering
written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer
receives notice of the condemnation or damage. If Buyer terminates this Agreement
within such 10-day period, then the Escrow shall be cancelled, neither Buyer nor Seller
shall have any further obligation under this Agreement. If Buyer fails to deliver written
notice of termination within said 10-day period, Buyer shall be deemed to have waived
and Buyer shall proceed to consummate the purchase pursuant to this Agreement. Buyer
shall have no other remedies against Seller as a result of such condemnation or
destruction of the Property except as set forth in this Section.
11.7 Possession. Possession of the Property shall be delivered by Seller
to Buyer on the Closing Date after recordation of the Grant Deed. Except as expressly
provided herein, all risk of loss and damage to the Property from whatever source shall be
the sole responsibility of Buyer after Close of Escrow.
12. Other Provisions.
12.1 Brokers and Brokers' Commissions. Seller and Buyer each warrant
and represent that it has not contracted or otherwise obligated itself or the other party to
pay any sums as either commissions, finders fees or other claims of a similar nature
arising out of this Agreement, and each agrees to hold the other harmless with respect to
any breach on its part of this warranty and representation. If Seller or Buyer engages the
service of any broker or similar party for any matter related to this Agreement, that party
shall be responsible for all fees, payments and commissions payable and shall indemnify
and hold the other party harmless in connection therewith.
12.2 Advice from Independent Counsel. Each party hereto understands
that this Agreement is legally binding and may affect such party's rights. Each represents
to the others that it has received legal, advice from counsel of its choice regarding the
meaning and legal significance of this Agreement and that it is satisfied with its legal
counsel and the advice received from that counsel.
12.3 Attorney's Fees. In the event any action shall be instituted between
Buyer and Seller in connection with this Agreement, the party prevailing in such action
shall be entitled, in addition to damages, injunctive relief or other relief, to recover from
the other party all of its costs of action, including, without limitation, attorneys' fees and
costs as fixed by the court therein.
12.4 Amendments. This Agreement may be amended, supplemented or
modified only by a written amendment executed by Seller and Buyer. No modification,
waiver, amendment, discharge or change of this Agreement shall be valid unless the same
is in writing and signed by the part), against which the enforcement of such modification,
waiver, amendment, discharge or change is or may be sought.
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12.5 Notices. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in ~vriting and shall be
deemed to have been duly delivered upon personal delivery, or by Federal Express (or
similar reputable express delivery service), or by telecopier transmission ~vith back-up
copy mailed the same day, or as of the second business day after by United States
certified mail, return receipt requested, postage prepaid, addressed as follows:
if to Seller, to:
Otay Project, LP
350 W. Ash Street, Suite 730
San Diego, California 92101
Telephone: (619) 234-4050
Telecopier: (619) 234-4088
Attention: Robert Cameron
If to Buyer, to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5031
Telecopier: (619) 409-5864
Attention: City Manager
If to Escrow Holder, to:
Chicago Title Company
925 B Street
San Diego, California 92101
Telephone: (619) 544-6250
Telecopier: (619) 544-6229
Attention: Renee Marshall
12.6. Construction of Agreement. The agreements contained herein
shall not be construed in favor of or against either party, but shall be construed as if both
parties prepared this Agreement.
12.7. Counterparts and Authority. This Agreement may be executed in
multiple counterparts, each of which shall constitute an original hereof, and all of which
taken together shall constitute one and the same binding Agreement. Each party
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executing this Agreement represents that such party has the full authority and legal power
to do so.
12.8. Governing Law and Forum Selection. This Agreement shall be
construed under and enforced in accordance with the laws of the State of California
except to the extent Federal laws preempt the laws of the State of California. In any
action brought under or arising out of this Agreement, each party hereby consents to the
jurisdiction of a competent court within the State of California, agrees that the forum for
such action or actions shall be a court of competent jurisdiction within the County of San
Diego, State of California, and consents to service of process by any means authorized by
California law.
12.9. No Waiver. A waiver by either party of a breach of any of the
covenants, conditions or agreements under this Agreement to be performed by the other
party must be in writing and shall not be construed as a waiver of any s.ucceeding or
preceding breach of the same or other covenants, agreements, restrictions or conditions
herein contained. No waiver of any default by Buyer or Seller hereunder shall be implied
from any omission by the other party to take any action on account of such default if such
default persists or is repeated, and no express waiver shall affect a default other than as
specified in such waiver. The consent or approval by Buyer or Seller to or of any act by
the other party requiring the consent or approval of the first party shall not be deemed to
waive or render unnecessary such party's consent or approval to or of any subsequent
similar acts by the other party.
12.10. No Warranties. Except as otherwise specifically provided herein,
neither Buyer nor Seller has made any representations, warranties or agreements by or on
behalf of either party to the other party as to any matters concerning the Property. Each
party expressly waives any rights of rescission and all claims for damages by reason of
any statement, representation, warranty, promise or Agreement, if any, not contained in
this Agreement.
12.11. Possession. Possession of the Property shall be delivered to Buyer
upon the Close of Escrow.
12.12. Severability. In the event that any phrase, clause, sentence,
section, paragraph, portion of this Agreement shall become illegal, null or void or against
public policy, for any reason, or shall be held by any court of competent jurisdiction to be
illegal, null or. void or against public policy, the remaining portions of this Agreement
shall not be affected thereby and shalI remain in force and effect to the fullest extent
permissible by law.
8
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12.13. Survival of Warranties. Unless expressly stated herein to the
contrary, all representations and warranties shall survive the Close of Escrow of this
Agreement and any earlier termination of this Agreement.
12.14. Successors and .Assigns. Subject to the restrictions and
prohibitions on assignment set forth in this Agreement, each and all of the covenants and
conditions of this Agreement shall inure to the benefit of and shall be binding upon the
successors-in-interest, assigns, and legal representatives of the parties hereto.
12.15. _Captions. The caption headings for the sections of this Agreement
are for convenience only and shall not be considered to limit, amplify or define the terms
or provisions hereof.
12.16. Time of Essence. Time is of the essence of each and every
provision of this Agreement.
12.17. Cooperation and Further Documentation. Seller and Buyer agree
to cooperate to consnmmate the transactions set forth herein, and each agrees to take such
action as is reasonably required of it.
12.18. No Third Party Beneficiary. This Agreement is intended solely for
the benefit of Seller and Buyer.
12.19. Entire Agreement. This Agreement, including its exhibits,
constitutes the entire Agreement between the parties pertaining to the subject matter
hereof.
IN WITNESS WHEREOF, the parties, individually or through their authorized
representatives, have executed this Agreement as of the date of this Agreement. Each
individual executing this Agreement warrants and represents that he or she has the power
and authority to execute this Agreement on behalf of the party for whom the execution is
made.
[The next page is the signature page.]
9
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SIGNATURE PAGE
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
SELLER: BUYER:
OTAY PROJECT, LP, CITY OF CHULA VISTA,
.a California corporation a municipal corporation
By:. By:
Name: Shirley Horton
Title: Mayor
Approved as to form and legality:
By:
Name:
Title: By:
John M. Kaheny
City Attorney
ATTEST:
By:
Susan Bigelow
City Clerk
[The above signatures must be notarized.]
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/o-I7
CONSENT OF ESCROW HOLDER
The undersigned Escrow Holder hereby agrees to: (i) accept the foregoing
Agreement, (ii) be Escrow Holder under the Agreement, and (iii) be bound by the
Agreement in the performance of its duties as Escrow Holder, provided, however, the
undersigned shall have no obligations, liability or responsibility under (a) this Consent or
otherwise, unless and until the Agreement, fully signed by the parties, has been delivered
to the undersigned, or (b) any amendment to said Agreement unless and until the same is
accepted by the undersigned in writing.
Dated: ,2002
CHICAGO TITLE COMPANY
("Escro~v Agent")
By:
Its:
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LIST OF EXHiBITS
Exhibit A: Legal Description of Property
Exhibit B: Grading and Utility Requirements
Exhibit C: Preliminary Title Report
Exhibit D: General Provisions of Escrow Holder
Exhibit E: Form of Affidavit
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EXHIBIT A
Legal Description of Property
[To be inserted]
EXHIBIT C
Preliminary Title Report
[To be inserted]
EXHIBIT D
General Provisions of Escrow Holder
[To be inserted]
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
RUDOLPH AND SLETTEN, INC. FOR THE PROVISION OF
SERVICES REQUIRED TO DES1GN AND CONSTRUCT FIRE
STATION NO. 7, LOCATED AT THE SOUTHEAST CORNER OF
LA MEDIA ROAD AND STREET A IN VILLAGE 2 OF OTAY
RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on July 30, 2002, the Department of Building and Park Construction
issued an RFP for Design Build Services to assist staff in the work required to design and
construct Fire Station No. 7 and additional Fire Stations; and
WHEREAS, on August 20, 2002, the City received eight proposals in response to
the RFP and subsequently reviewed the eight firms, from these reviews a short list of four firms
was established; and
WHEREAS, a selection committee, appointed by the City Manager, reviewed and
evaluated the proposals and conducted interviews with all four firms; and
WHEREAS, Rudolph and Sletten, Inc. was selected as the most qualified firm to
handle this type of project; and
WHEREAS, staff recommends that the City Council approve a Design Build
Agreement with Rudolph and Sletten, Inc. for the provision of services required to design and
construct Fire Station No. 7, a completed and fully functional 12,000 square foot 4-bay fire
station including the facilities and site-work required to provide fire service to the eastern
territories of the City, and
WHEREAS, the construction of Fire Station No. 7 was previously analyzed in IS-
02-033 and no further environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does approve a Design Build Agreement with Rudolph and Sletten, Inc. to design
and construct Fire Station No. 7, 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 of Chula Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Andy Campbell
Director of Building and Park C-4fy Attorney
Construction
J:\Attorney~RESO\Fire Station #7 b.doc
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
' ~' John 1~I. I~aheny ~
City Attorney
Dated:
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 22nd day of October 2002, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Rudolph and Sletten, Inc. ("Design Builder or D/B"). City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Fire Station No. 7, is a new facility to the City, and
WHEREAS, the City of Chula Vista in an on-going effort to expand the services to
the community has planned for this Fire Station No. 7 located in the Otay Ranch area of the
City; and
WHEREAS, on July 30, 2002 an RFP (Exhibit 1 ) was circulated for a design builder
to design and build Fire Station No. 7 based upon preliminary designs which had been
previously prepared; and
WHEREAS, on August 20, 2002 the City received eight bids in response to the RFP;
and
WHEREAS, after review by a City selection committee four respondents were invited
for interviews; and
WHEREAS, all four respondents were interviewed and based upon the RFP
response (Exhibit 4) and interview, Design Builder was selected as the respondent who
best met the design, monetary and time criteria of the project with whom City could
negotiate an agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed by D/R
1.1 In accordance with the terms set forth in this Agreement and the RFP for the
Fire Station No. 7 project, D/B shall design and construct for the City: a
completed and fully functional 12,000 square foot 4-bay fire station (referred
to hereafter as "Project") including the facilities and site-work required to
provide fire service to the eastern territories of the City. The fire station shall
include, but not be limited to all components outlined and described in the
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
attached document titled "Program of Facility Requirements: (Attachment A
of the RFP). Fire Station No. 7 is located at the southeast corner of La Media
Road and Street A in Village 2 of Otay Ranch in eastern Chula Vista (please
see Exhibit E). By end of 2002, the project site will be rough graded and
ready for on-site improvements and building construction.
1.2 The services to be provided by D/B are generally to be performed in 3
"Phases"; the services ,to be provided in each Phase are specified elsewhere
in this Agreement.
1.3 The D/B shall:
1.3.1 Perform all services, work and obligations as described herein for
the GMP, which shall include Design Services and General
Conditions necessary to provide a fully completed and functional
Project. D/B shall perform all Design Services and General
Conditions for the not to exceed amount of $579,776. At 90%
complete construction documents a Guaranteed Maximum Pdce
(GMP) will be established pursuant to Section 11 of this agreement,
which will include, but not limited to, the cost for all labor, equipment,
and material to design and build a fully functional fire station in
accordance with all applicable rules, regulations, and laws. The D/B
fee shall be 3.75% of hard construction costs, liability insurance cost
shall be actual cost plus 0.8%; and the bond cost shall be the
premium on the project specific payment and performance bond
plus .78% of premium.
1.3.2 Substantial Completion: September 11, 2003.
Substantial Completion shall be that stage in the progress of the
construction when all Work on the Project is sufficiently complete in
accordance with the Construction Documents so that City can fully
utilize entire Project; Substantial Completion shall further mean that
all goods, services and systems to be provided under the terms and
conditions of ;the Construction Documents are in place and have
been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal Final
Completion punch list Work.
1.3.3 Achieve "Final Completion" (as defined in §14.2) as established in
the Project Schedule dated September 23, 2002 (Exhibit 2).
Section 2: General Obli.qations of City
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2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
ordedy progress of D/B's services per the Project Schedule attached
as Exhibit 2;
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the ordedy progress of
D/B's performance per the Project Schedule attached as Exhibit 2;
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. Cifydoes not warranty
to D/B the accuracy or completeness of any such information.
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 14.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 14.2.
2.2 City Review Process. City shall review Design Development Drawings
(DD's), 50% Construction Drawings (CD's) and 90% Construction Drawings (CD's) which
shall allow construction of Project in conformity with the RFP for Project. For each D/B
submission, City shall have five (5) working days to review, approve, conditionally approve
or deny.
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Section 3: General Obliqations of D/B
3.1 D/B shall be obligated as follows:
3.1.1 At all times in performing its services underthisAgreementtodesign
and deliver the best possible Project consistent with standard of care
in Section 3.3 ,that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the Project Schedule, Exhibit 2, and in such a
manner that the GMP or Contract Time of the Project shall not be
exceeded, but if D/B reasonably believes that any action, inaction,
decision or direction being made by City or agent for the City will
likely result in the GMP or Contract Time being exceeded or the
Project being completed late, D/B will notify City at Project Team
meeting and in writing within five (5) calendar days of discovering
such action, inaction,decision, or direction. Included in such notice
will be an estimate of the rough order of magnitude and time impact
resulting from such action, inaction, decision or direction. D/B shall
provide complete and accurate pricing within ten (10) calendar days
of said discovery.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified in
Exhibit 4. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City. The fact that the City approves
· the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3.1.4 Perform all construction on the Project utilizing Subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the California Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
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prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. D/B shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as of the date of this Agreement. However,
the City recognizes that Governmental Requirements and their
interpretations by governmental officials ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 12. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement.
3.1.8 Control dust and noise in accordance with the provisions in Section
7-8.1 of the 2000 Edition of the Standard Specifications for Public
Works Construction, City Ordinances and this Agreement;
3.1.9 Use reasonable care to avoid damaging existing buildings, equipment
and vegetation adjacent to the Project Site. If D/B causes damage to
any of this property, D/B shall replace or repair said property at no
expense to City and shall not be a basis for seeking an adjustment to
the GMP or Contract Time. D/B agrees to indemnify City for any and
all fines, penalties, liabilities, cost imposed upon City, its officers,
employees and agents as a result of this Project.
3.1.10 To obtain all permits necessary to complete the Project. City shall
pay cost of permits. D/B shall be responsible for obtaining and
paying for all permits normally obtained by the trades or
subcontractors.
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/0
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA").
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) design development (2) 50%
construction drawings and (3) 90% construction drawings. Said
approval shall be evidenced by written notice to proceed with the
subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. Provide cost estimate to the
City with 90% Construction Documents.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, D/B shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 11.2.
3.2 D/B agrees to fully assume all risks, and costs associated with such ris~ks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and.
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
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the processing of a change order pursuant to Section 12. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.17.
3.3 D/B 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. Compliance with this section by
D/B shall not in any way excuse or limit D/B's obligations to fully comply with
all other terms in this Agreement.
3.3.1 D/B warrants that at least one member of the D/B team shall be
licensed by the California Contractor's State License Board as a
General Building Contractor. D/B is to provide a list of the responsible
people within their organizations performing services, which shall
include their qualifications and their function, for approval by the City
prior to start of construction. City and D/B shall establish "key
personnel" who shall remain on the Project until Final Completion. If
any such "key personnel" leave the employment of D/B, City shall
have the right to approve the replacement personnel. D/B shall
comply with all licensing requirements of the State of California,
County of San Diego, and City of Chula Vista.
3.3.2 Project Manager and Project Architect throughout all phases of the
Project hereunder, the individual project manager and project architect
for the Project shall be Barry Choy and Jeff Katz, AFA. So long as the
Individual Project Manager and Project Architect remain in the employ
of the General Contractor and Architect, such persons shall not be
changed or substituted from the Project, or cease to be fully
committed to the Project as deemed necessary by the City in its
reasonable discretion, without the prior written consent or instruction
of the City. Any violation of the terms and provisions of this Section
shall constitute a material Default.
3.3.3 City Right to Remove Project Manager and Project Architect.
Notwithstanding the foregoing provisions of Section 3.3, if the
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Individual Project Manager or Project Architect, for good cause,
proves not to be satisfactory to the City, upon written notice from the
City to the General Contractor, such person or person shall be
promptly replaced by a person who is acceptable to the City in
accordance with the procedures set forth below.
3.3.4 Replacement Selection of Project Manager and/or Project Architect.
Within five (5) working days after receipt of a notice from the City
requesting the replacement of any Individual Project Manager or
Project Architect, or promptly following the discovery by the Design
Build Team that any Individual Project Manager or Project Architect is
leaving the employ of the General Contractor or Architect, as the case
may be, the replacement/substitution (together with such person's
resume and other information regarding such person's experience and
qualifications) for approval by City. The replacement/substitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approval
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause.
3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or
permits.
3.5 D/B agrees and acknowledges that the City Representative is the only
person with authority to approve additions or modifications to Project. Any
costs or delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by D/B and not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
Section 4: Design Phase Services - Phase I
4.1.1 D/B shall develop and Implement Project Management Plan and
Procedures including:
4.1.1.1 Project status reports
4.1.1.2 Coordination/interface with the City and its other
consultants/contractors
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4.1.1.2.1 Initial Design kickoff meeting to be held no later
than five (5) working days from the Effective
Date of Agreement.
4.1.1.3 Biweekly Progress meetings
4.1.1.4 Interface and communications with other agencies
4.1.1.5 Vendors and subcontractors management
4.1.1.6 Document control
4.1.1.7 Schedule and budget control
4.1.1.8 Quality assurance and quality control
4.1.1.9 Throughout the design phase, the Consultant will be
required to provide scheduling and cost control reports
monthly.
4.1.2 Utilizing the 1997 Edition of the Standard Specifications for Public
Works Construction, 1997 Edition of the Chula Vista Standard Special
Provisions, 1997 Edition of the Regional Standards, 1997 Edition of the
Chula Vista Construction Standard, the City's facility program, performance
and design criteria, concept drawings, and reports attached to the RFP and
incorporated herein by reference, DB shall: ~
4.1.2.1 Prepare construction drawings and specifications suitable
for obtaining City-approved permits and to allow
construction. Packaging of the Project into several
construction contracts, may be appropriate. Preparation of
technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
4.1.2.2 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, landscape, and specialty consulting
areas.
4.1.2.3 Evaluate alternative structural and construction approaches
to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements.
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4.1.2.4 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design. The survey information provided
by the City is preliminary in nature and may not have
sufficient accuracy or scope to support final design.
4.1.2.6 Furnish support to a City constructability review team at the
50 percent design completion stage. Incorporate the
results of this review into the design.
4.1.2.7 Provide updated construction cost estimates at durations
specified in the RFP to support Value Engineering (VE) and
constructability reviews.
Section 5: Construction Phase Services - Phase Ih
The DB shall construct the facility in accordance with City-approved plans
and specifications prepared by the DB to meet or exceed all requirements of
the City provided program, schematic design and the performance criteria.
The DB shall:
5.1.1 Conduct contractor meetings, as necessary, to provide technical
input.
5.1.2 Provide interpretation of technical specifications and drawings.
5.1.3 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
5.1.4 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
5.1.5 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
5.1.6 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
5.1.7 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance
of Notice of Completion and Acceptance. City staff will perform
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inspections to verify compliance with the plans, specifications and
contract documents.
The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
5,1.8 The DB is resl~onsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
[ADA] and Title 24 California Code of Regulations [Building Code] as
defined in Section 18910 of California Health and Safety Code [-I'itle
24]. The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
5.1.9 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
5.1.10 The DB shall be responsible for preparing the Critical Path Method
(CPM) schedule utilized during the project construction and startup
activities. Use Microsoft Project scheduling software consistent with
the City reporting system.
5.1.11 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
5.1.12 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
5.1.13 The DB shall administerand coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
5.1.14 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
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report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
5.1.15 Prepare Operations Manual.
Section 6: Operation/Startup Phase Services - Phase III
6.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
6.1.2 The DB shall conduct Operator Training Sessions for facilities.
6.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for life support safety and other mechanical
systems within the provisions of the project Contract Documents.
6.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
6.1.5 The DB shall report to the City all guarantee/warranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
6.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that material and equipment incorporated in the
Project will be new, unless otherwise specified, and that the Project will be of good quality,
free from faults and defects, and in strict conformance with the Construction Documents
and in accordance with Section 20.
Section 7: Additional Services
7.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if authorized
in writing, in advance, by City and after complying with Section 7.3. The City may propose
changes to the Work of a subcontractor after the bid has been awarded. In the event of a
change of this nature, D/B will estimate the cost of the Change Order, assist City in
developing drawings and specifications as necessary, solicit a revised bid, negotiate with
the subcontractor, present a recommendation for a Change Order to City, and implement
construction as approved by City.
7.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid 3.75% of hard
construction costs (and 0.8% of any additional liability insurance costs) of such costs as the
additional services D/B Fee.
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For additional services, which result in an extension of the Substantial Completion date,
D/B shall be paid a fee equal to the number of working days the Substantial Completion
date is extended multiplied by the daily proration of the general conditions fee included
within the GMP.
7.3 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services indicating
that D/B intends to seek additional compensation beyond the D/B Fixed Fee. Fumishing
advance written notice shall be a condition precedent to being able to seek additional
compensation from City.
Section 8: Bonds
8.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the faithful
performance and payment of all D/B's obligations under the Agreement. These bonds shall
remain in effect at least until thirty (30) days after the filing date of Notice of Completion,
except as otherwise provided by law or regulation or by this Agreement. D/B shall also
furnish such other bonds as are required by this Agreement.
8.1.1 The performance bond shall be in the amount of 100% of the GMP.
8.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
8.2 All bonds shall be in the form prescribed by City and by such sureties which
are admitted insurers in the State of California and are subject to regulation by the
Department of Insurance, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or
regulations. All bonds signed by an agent must be accompanied by a certified copy of such
agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
8.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project
is located, D/B shall within seven (7) days thereafter substitute another bond and surety,
which must be acceptable to City.
Section 9: Insurance
9.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
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9.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required to
comply with the applicable insurance provisions. The maintenance of proper coverage is a
material element of the contract and that failure to maintain or renew coverage orto provide
evidence of renewal may be treated by the City as a material breach of contract.
9.3 Minimum Scope of Insurance
9.3.1 Coverage shall be at least as broad as:
9.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
9.3.1.2 Insurance Services Office Form (G0009 11 88 Owners
and Contractors Protective Liability Coverage Form-
Coverage for Operations of Designated Contractor).
9.3.1.3 Insurance Services Officer Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
9.3.1.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insuranpe.
9.3.1.5 Errors and Omissions.
9.4. Minimum Limits of Insurance
9.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
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9.4.1.1 General - ' $1,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations,
products and Liability Insurance or other
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
projectJlocation or the
general aggregate limit
shall be twice the required
occurrence limit.
9.4.1.2 Automobile $1,000,000 peraccidentforbodilyinjury
Liability: and property damage.
9.4.1.3 Employer's $1,000;000 per accident for bodily injury
Liability: or disease.
9.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
9.5 Deductibles and Self-Insured Retentions
9.5.1 Any deductible or self-in~u~l 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 vo unteers;
or the D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
9.6 Other Insurance Provisions
9.6.1 The general liability policy-shall contain, or be endorsed to contain,
the following provisions: - - ·
9.6.1.1 The City, its officers officials employees, and volunteers
are to be covered..as lnsureds with respect to liability
arising out of automol~iles owned, leased, hired or
borrowed by or on behalf of the contractor; and with
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respect to liability arising out of work or operations
performed by or on behalf of the D/B including materials,
parts or equipment furnished in connection with such
work or operations. General liability coverage can be
provided in the form of an endorsement to the D/B's
insurance, or as a separate owner's policy.
9.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the pdmary 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 of the D/B's insurance and shall not contribute
with it.
9.6.1.3 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 Sections 2782 of
the Civil Code.
'9.7 Verification of Coverage
9.7.1 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 City before
work commences. The City reserves the right to reguire complete,
certified copies of all required insurance policies, including
endorsements affecting the coverage required by these
specifications at any time.
9.8 Subcontractors
9.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
insured's under its policies.
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9.9 Cooperation. The D/B and its Contractors shall cooperate fu!ly with and
~rovide any information or records requested by the City or regarding all aspects of the
~nsurance and project, including but not limited to claims, audit, payroll, insurance records
and safety. Delays in reporting information to the City may result in delays in progress
payments to the D/B.
9.10 PriortobeginningWorkundertheAgreement, eachandeveryContractorof
any tier shall furnish Certificates of Insurance satisfactory to the City. All such Certificates
will contain at least the following provisions:
9.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
9.10.2 The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the Certificates.
9.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with a
carrier or carriers authorized by the California Insurance
Commissioner to do business in the State of California, any policies
required by this Agreement.
9.10.4 Any insurance provided for this project shall be written through an
insurer with an A.M. Best Rating of not less than A:V. Any
exceptions are at the sole discretion of the City and subject to
written approval of the City.
9.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section 10: Inspection
10.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any reinspections. The City shall
either perform said inspection services with its own forces or contract with third parties. It
shall be the responsibility of D/B, however, to call for, coordinate and schedule all
inspections.
10.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have
access at reasonable times for this observation, inspecting and
testing. D/B shall provide them proper and safe conditions for such
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access and advise them of D/B's safety procedures and programs so
that they may comply.
10.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements
of the Construction Documents. Unless otherwise specified, the cost of such inspection
and testing will be borne by the City. In the event such inspections or tests reveal non-
compliance with the requirements of,the Construction Documents, D/B shall bear the cost
of corrective measures deemed necessary by City, as well as the cost of subsequent re-
inspection and re-testing. Neither observations by the City nor inspections, tests, or
approvals by others shall relieve D/B from D/B's obligations to perform the Work in
accordance with the Construction Documents. D/B shall give City timely notice of
readiness of the Work for all required on and off-site inspections, tests, or approvals and
shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice
for off-site inspection.
10.4 City has the right to stop or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, or which will interfere with
the inspection or testing activities, for a reasonable time and D/B will have no right to
additional cost or time it may incur as a result of the Work stoppage.
Section 11: D/B GMP for Services and Reimbursements
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11.1 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at 90%
construction documents. GMP shall include $579,776 for General Conditions and Design
Services. Said $579,776 for General Conditions and Design Services shall not be
exceeded unless additional services are requested pursuant to § 7 above or a change
order issued pursuant to § 12. Unless otherwise expressly provided in this Agreement, D/B
GMP shall include full compensation for all costs of any type incurred by D/B in performing
all services and obligations under this Agreement, including but not limited to the following:
11.1.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
11.1.2 Estimating, value engineering and construction management;
11.1.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
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Project secretaries, Project engineers, Project accountants, and all
other D/B personnel wherever located;
11.1.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
11.1.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the D/B exceed 90% of the fair market value of any one
piece of equipment or Small Tools. At City's option, the
full price for equipment or Small Tools may be paid, and
City may take possession upon completion of the Work.
11.1.5 All home-office and field overhead costs of any type including
document control and retention;
11.1.6 All business license costs;
11.1.7 All profit D/B intends to earn under this Agreement.
11.1.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 1 t .2~ -
11.2 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
11.2.1 Any other reimbursable cost expressly provided for elsewhere in this
Agreement.
11.3 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete this
Project or fund this Agreement. As more fully provided in Section 24, the City may
terminate this Agreement for any reason, including but not limited to, if City Council fails to
appropriate sufficient funds or is unsuccessful at obtaining long term financing.
Section 12: Chanqe in GMP and Contract Time
12.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
12.1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 7.
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12.1.2 For reasons expressly provided elsewhere in this Agreement.
12.2 The following procedure shall be followed for'~he issuance of Change Orders:
12.2.1 Upon the occurrence of any event that gives rise to a Change Order,
D/B shall give the City notice of the same with 5 days. D/B shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
12.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work D/B shall promptly
provide the City with a detailed and complete estimate of cost
impact associated with the Change Order, including all appropriate
direct and indirect costs and credits. All such costs and credits
shall be accurately categorized into D/B Fixed Fee, Reimbursable
Costs or Hard Construction Costs. D/B shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
12.2.3 Upon submission of the detailed estimates by the D/B, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
D/B to proceed with the subject services and/or work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services and/or work. These records shall be
submitted to the City and shall become the basis for continued
negotiations between the Parties for an equitable adjustment to the
GMP and/or Contract Time.
12.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 31. D/B shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
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12.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 13: Payment Terms
13.1 D/B shall submit certificate and application for payment to the City for Phase I
services as follows:
13.1.1 $133,289 upon completion of one-half of the Phase I Services as
determined by the City.
13.1.2 $133,289 upon completion of all Phase I Services as determined by
the City. Retention for Phase I to be released 60 days after receipt
of Building Permit.
13.1.3 $31,000 for Phase II Services for contract administration. Cost to be
paid on a per month schedule by dividing cost by construction
duration.
13.1.4 In the event City solicits and/or approves Design Documents that
materially differ from the Designs called for in the RFP,
compensation shall be set pursuant to provision for additional
services set forth in Sections 7 and 12.
13.2 D/B shall provide all Phase II and III services for the Phase II and III GMP.
D/B shall submit certificate and application for payment to City on or before the 5th day of
each calendar month for Phase II and III services. The monthly payment application shall
be based upon the percentage of completion of the Schedule of Values plus any
Reimbursable Costs, less any payments previously made by the City and subject to the
receipt of unconditional lien releases for all prior payments and if the invoiced amount is not
disputed by City, it shall pay D/B ninety percent (90%) of payment application based upon
the percentage complete of the Schedule of Values and 100% of the reimbursable costs
within thirty (30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance.
13.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month payment
application an itemization of all such Reimbursable Costs actually incurred by D/B, during
the previous month. If requested by the City, D/B shall provide all backup documentation
supporting such Reimbursable Costs.
13.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with
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each monthly application for payment an itemization of all Hard Construction Costs actually
incurred by D/B during the previous month.
13.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject to the
receipt of unconditional lien releases for all prior payments and if Additional Services are
not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty
(30) days of receipt of fully complete invoice. City will withhold the remaining 10% as
security for D/B's full performance.
13.6 Subject to Sections 13.8, City shall pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 13.2, and 13.5 as part of the "Final Payment"to D/B.
Final Payment will be made thirty-five (35) days after Final Completion.
13.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a disclaimer
and unconditional final lien release by the subcontractor.
13.8 In lieu of withholding retention under this Agreement, at the election of D/B,
City will deposit retention amounts into escrow and/or the substitution of securities for
money as provided in California P~iblic Contract Code Section 22300.
Section 14: Proiect Completion
14.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall further
mean that all goods, services and systems to be provided under the terms and conditions
of the Construction Documents are in place and have been initially tested, and are
operationally functional, subject only to final testing, balancing and adjustments and normal
Final Completion punchlist Work.
14.2 Final Completion shall be deemed to occur on the last of the following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by
the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of
all documents required to be supplied by D/B to City under this Agreement, including but
not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City
of a Certificate of Completion duly verified by D/B.
14.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the Construction
Documents, all applicable building codes and regulations, all permits, licenses, and
certificates of inspection, use and occupancy, and ordinances relating to the Project.
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14.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy of
reproducible drawings. As-Built Drawings are to be accurate and legible records showing
exact location by dimensions, and the exact depth by elevation of underground lines,
valves, plugged tees, widng and utilities.
14.5 D/B shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City upon
receipt or generation, which shall include a copy of D/B's filing protocol.
Section 15: Contract Time
15.1 The "~ontract Time" shall be the number of calendar days stated in Section
1.3.2 for D/B to achieve Substantial Completion.
15.2 "Time is of the essence" with regard to Contract Time and all milestones listed
in the Project Schedule (Exhibit 2).
15.3 The Contract Time may only be changed by a Change Order as set forth in
Section 12.
Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Project Schedule that the increases in the time to
perform or complete the Project, or specified part of the Project, beyond the corresponding
Contract Time arise from unforeseeable causes beyond the control and without the fault or
negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such
causes in fact lead to performance or completion of the Project, or specified part in
question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent
actions to guard against those effects.
15.4 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants, or
subcontractor or supplier shall be deemed to be delays within the control of D/B. No time
extension will be allowed for such delays. An increase in Contract Time does not
necessarily mean that D/B is due an increase in the GMP.
Section 16: Late Completion
16.1 City and D/B recognize that time is of the essence in this Agreement and that
City will suffer financial loss if the Project is not completed within the Contract Time, plus
any extensions thereof alk~wed in accordance with Section 15.3. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by City if the Project is not completed on time. Accordingly, instead of requiring
any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a
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penalty) for each calendar day of delay beyond the time specified for Substantial
Completion of the Project, the following amounts which D/B expressly agrees are "not
unreasonable under the circumstances" as defined in California Civil Code §1671 (b): $100
for each calendar day. Liquidated Damages shall not be assessed after the date on which
Substantial Completion is achieved pursuant to Section 14.
Section 17: Ri.qht to Modify Work
17.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the Project; these
will be authorized by a written Change Order prepared and issued by City. Upon receipt of
any such document, D/B shall promptly proceed with the Work involved which will be
performed under the applicable conditions of the Construction Documents (except as
otherwise specifically provided).
17.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 18: Intentionally Omitted
Section 19: Work By Others
19.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take pdority over the
City Contractors; but the Parties will use their best efforts to coordinate their work so as to
minimize the disruption to each other's work and to allow City Contractor to proceed
expeditiously.
19.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in writing
any apparent delays, defects, or deficiencies in the City's work that render it unavailable or
unsuitable for such proper execution and results. D/B's failure to promptly report such
delays, defects, or deficiencies in writing before commencement of the affected work, will
constitute an acceptance of the City's work as fit and timely for integration with D/B's Work
except for latent defects and deficiencies in the City's work for which D/B will not be
responsible.
19.3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's performance
of the Project by any other contractor is made against D/B, by City, any other contractor, or
any other person, D/B shall promptly repair and/or resolve said claim at no cost to City.
Section 20: Warranties and Guarantees
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20.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Projecl. will be new unless otherwise specified and that all work will be
in strict accordance with the Construction Documents and will not be defective. Prompt
notice of defects known to City shall be given to D/B. All Defective Work, whether or not in
place, may be rejected, corrected, or accepted as reasonably directed by City, provided
D/B shall not be entitled to an extension in Contract Time or increase in GMP because of
any delay or increase in cost attributable to the rejection, correction or acceptance of said
work. Defective work may be rejected even if approved by prior inspection.
20.2 The warranty period shall commence when the Certificate of Final Completion
is issued (irrespective of beneficial use by City prior to Final Completion) and extend one
(1) year after that date or whatever longer period may be prescribed by laws or regulations
or by the terms of any applicable special guarantee or specific provision of the Construction
Documents.
20.2.1 D/B is to provide any extra material for maintenance at the
completion of the Project, including items such as carpeting, base,
floor tile, ceiling tile, paint, and filters.
20.2.2 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
20.3 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any part of the
Project, is discovered to contain defective work, D/B shall promptly, without any
reimbursement or adjustment in the GMP, and in accordance with City's written
instructions, either correct that defective work, or if it has been rejected by City remove it
from the Project and replace it with work which is not defective. If circumstances warrant it,
including but not limited to, in an emergency, City or D/B may have the defective work
corrected or the defective work removed and replaced. In that event, D/B shall not be
allowed to recover any associated costs, and D/B shall reimburse City for all direct, and
indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to
withhold a setoff against amount recommended for payment, or make a claim on D/B's
bond if D/B has been paid in full.
20.4 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
20.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
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20.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
20.5.3 Enforce all warranties for the benefit of City, if directed by City;
20.5.4 In the event D/B's warranty under section 20.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
20.5.5 D/B shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty period to City
at the expiration of the one year warranty; and
Section 21: Use and Possession Prior to Completion
21.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before taking
possession of or using any Work, City shall furnish D/B a list of items of Work remaining to
be performed or corrected on those portions of the Work that City intends to take
possession of or use. However, failure of City to list any item of Work shall not relieve D/B
of responsibility for complying with the terms of this Agreement. City's possession or use
shall not be deemed an acceptance of any Work under this Agreement, nor relieve the D/B
of any of its obligations under this Agreement.
21.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession or use.
If prior possession or use by City delays the progress of the Work or causes additional
expense to D/B, an equitable adjustment shall be made in the GMP or the Contract Time,
and the Agreement shall be modified in writing accordingly.
Section 22: Personal Services and Non-Assignability
22.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any
of its rights, duties or obligations under this Agreement except upon the prior written
consent of City. Any such change, assignment or transfer without the prior written consent
of the City shall be deemed null and void and constitute a material breach under this
Agreement.
Section 23: Indemnification
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23.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees, consultants,
(collectively herein the "lndemnitees"), from and against all claims, demands, causes of
action, damages, injuries, liabilities, losses and expenses (including, without limitation,
reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising
in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's
breach of this Agreement, or the alleged negligent acts or omissions of D/B, its architects,
engineers, other professionals and consultants, Contractors, suppliers or anyone directly or
indirectly employed by any of them or anyone for whose acts they may be liable. The
obligations of the D/B under this paragraph for errors or omissions, including those of the
design professional subcontractors, which includes the Design Subcontractors, consultants,
agents and employees thereof ("Design Subcontractors"), which arise from (1) the
preparation or approval of maps, drawings, opinions, reports, surveys, designs or
specifications, or (2) the giving of or the failure to give directions or instructions shall not be
limited to the amount of coverage provided for in the professional liability insurance policy.
If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B
shall have no further obligation for such loss.
23.2 D/B's obligation to indemnify under section 23.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to
the extent that such is the result of the active negligence or the willful misconduct of an
Indemnitee. D/B's obligation to defend under section 23.1, if not covered by the'insurance
to be provided on the Project, shall not extend to such claims, demands, causes of action,
damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that
such are caused by the active negligence or the willful misconduct of the Indemnitee, and
from no other cause.
23.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed officers,
employees, agents and consultants from and against any and all claims, suits, demands,
liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting
or accruing to any and all persons, firms, and any other legal entity, caused by, arising out
of or in any way connected with the detection, presence, handling, removal, abatement,
capping, subsequent migration of, or disposal of any asbestos or hazardous or toxic
substances, products or materials that exist on, about or adjacent to the jobsite, whether
liability arises under breach of contract or warranty, tort, including negligence, strict liability
or statutory liability or any other cause of action. D/B's obligation regarding asbestos or
hazardous or toxic substances, products or materials shall be limited to the proper removal
within the Project boundaries and the proper disposal of such materials.
Section 24: Right to Terminate and Suspend Work
24.1 Archaeoloqical and Paleontological Discoveries If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in the
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area of the discovery and shall not continue until ordered by City. When resumed,
operations within the area of the discovery shall be as directed by City.
24.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
24.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
24.2 Termination of Agreement by City for Cause. If, through any cause, D/B
shall fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B 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 D/B of such
termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. All finished or unfinished documents, data, studies,
drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any
of its agents, Design Consultants or Subcontractors, shall, at the option of the City,
become the property of the City, and D/B 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 amounts payable
hereunder, and less any damages caused by D/B's breach.
24.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
24.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
24.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
24.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
24.3 Termination for Convenience by City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B of such termination and
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specifying the effective date thereof, at least seven (7) 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, D/B shall be
entitled to receive just and equitable compensation for any satisfactory Work completed to
the effective date of such termination. D/B hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
24.3.1 Records and Documents Relatinq to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
Section 25: Independent Contractor
25.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer or
employee of City. Except as expressly provided in this Agreement, City assumes no
liability for D/B's actions and performance; in particular, but without limitation, City assumes
no responsibility for paying any taxes, bonds, payments or other commitments, implied or
explicit,-by or for D/B. D/B acknowledges that it is aware that because it is an independent
contractor, City is making no deductions from the fees for services being paid to D/B and
that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any
type of additional fee or benefits.
Section 26: Independent Judgment
26.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect to the
rendition of information, advice and recommendations, independent of the control and
direction of City, other than normal contract monitoring; D/B, however, shall possess no
authority with respect to any City decision beyond rendition of such information, advice and
recommendations. D/B shall not have the authority to act as an agent on behalf of City
unless specifically authorized to do so by City in writing.
Section 27: Maintenance of Records and Accounting
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27.1 D/B shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type and all
services performed under this Agreement. City will have the right at any time, including
during the performance of all Phases of the Project to audit and copy all such records.
Section 28: Ownership of Documents
28.1 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 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.
Section 29: Force Maieure
29.1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to pay
money, but only to the extent that such failure or delay is caused by an Event of Force
Majeure as set forth in section 29.2. If an Event of Force Majeure set forth in section 29.2
causes a delay or failure in performance of only a portion of the obligations of a Party under
this Agreement, then only that portion of performance which was delayed or prevented by
such cause shall be deemed excused, and the performance of all other obligations of a
Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure
in performance of all other obligations of a Party not so delayed shall not be excused by
such Event of Force Majeure. Delay or failure in performance by a Party which is the result
of an Event of Force Majeure set forth in section 29.2 shall be deemed excused for a pedod
no longer than the delay or failure in performance caused by such Event.
29.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually severe
weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or
the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience,
strike or labor dispute for which D/B is not responsible, expropriation or confiscation of
facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes
good faith and reasonable efforts to remedy the delays or failures in performance caused
thereby. However, D/B, in developing the GMP and Project Schedule, has incorporated
three (3) days for anticipated adverse weather days that may disrupt work on the Project;
D/B shall be entitled to relief under this Section for adverse weather only to the extent
adverse weather days exceed this amount of days.
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29.3 A Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure as is
reasonably possible, but in any event within five (5) working days after Party becomes
aware of such delay or failure.
29.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be reimbursed
according to the terms of this Agreement from the Contingency Fund.
Section 30: Hazardous Materials
30.1 In the event the D/B or any other party encounters asbestos or hazardous or
toxic materials at the Project Site, or should it become known in any way that such
materials may be present at the Project Site or any adjacent areas that may affect the
performance of the D/B's services, the D/B may, at his or her option and without liability for
consequential or any other damages, suspend performance of services on the Project until
the City retains appropriate specialist consultant(s) or contractor(s) to identity, abate and/or
remove the hazardous or toxic materials, and warrant that the Project Site is in full
compliance with applicable laws and regulations.
Section 31: Disputes
31.1 All claims, counterclaims, disputes, and other matters in question adsing
under, or relating to, the Agreement or the breach thereof shall be processed in accordance
with the provisions of this Section, unless specifically addressed by another provision of
this Agreement.
31.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 13. City shall make a determination on D/B's request in writing within 7 days of
receipt of request and all supporting data. Said Change Order shall be made in good faith
and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City
is liable, and covers all costs and delays to which D/B believes it is entitled as a result of
the occurrence of the claimed event. All requests for adjustment in Contract Time shall
include an analysis of the Master Construction Schedule and the impact of the claimed
work on specific activities on the Master Construction Schedule.
31.3 If D/B disagrees with City's determination, D/B shall file a claim in writing 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 the same.
31.4 Pending final resolution of any claim, including litigation, D/B shall proceed
diligently with performance of the Project, and comply with any direction of City.
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Section 32: Notices
32.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by couder or registered or certified
mail, return receipt requested, postage prepaid, addressed to the Party to whom they are
directed at the following addresses, or at such other addresses as may be designated by
notice from such Party:
(i) To CITY:
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Building and Park Construction
1800 Maxwell Road .
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
?
Rudolph and Sletten, Inc.
989 E. Hillsdale Blvd., Suite 100
Foster City, CA 94404
Tel: (650) 572-1919
Fax: (858) 455-1861
Any notice, demand or other communication given or made solely by mail in the
manner prescribed in this Section shall be deemed to have been given and to be effective
three (3) days after the date of such mailing; provided, however, that any notice, demand or
other communication which would otherwise be deemed to have been given on a day
which is not a working day shall be deemed to have been given on the next subsequent
working day.
Section 33: Miscellaneous Terms
33.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own judgment, belief
and knowledge of the nature, extent, effect and consequence relating thereto. Each Party
further declares and represents that this Agreement is being made without reliance upon
32
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any statement or representation of any other Party not contained herein, or any
representative, agent or attorney of any other Party.
33.2 Severability: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable
to the fullest extent permitted by law.
33.3 Entire Aqreement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions; obligations and rights of the
Parties in respect of each other regarding the subject matter of this Agreement. There is
no other written or oral understanding between the Parties. No modification, amendment or
alteration of this Agreement shall be valid unless it is in writing and signed by the Parties
hereto.
33.4 Draflinq Ambiguities: The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and conditions of
this Agreement, and that the decision of whether or not to seek the advice of counsel with
respect to this Agreement is a decision which is the sole responsibility of each of the
Parties hereto. This Agreement shall not be construed in favor of or against either Party by
reason of the extent to which each Party participated in the drafting of the Agreement.
33.5 Applicable Law: The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California. Venue for mediation,
arbitration and/or actions arising out of this Agreement shall be in the City of Chula Vista,
California.
33.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall constitute a
waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such
right or remedy on any future occasion.
33.7 Effect of Headings: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be interpretations of the
provisions hereof.
33.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
33.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
33.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other may
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reasonably require to consummate, evidence or confirm the agreements contained herein
in the manner contemplated hereby.
33.11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute original
signatures, and facsimile copies hereof shall be deemed to constitute duplicate odginal
counterparts.
33.12 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
33.13 Third Party Beneficiary: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA Rudolph and Sletten, Inc.
By: By:
Shidey Horton, Mayor I~
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by
John M. Kaheny, City Attorney
35
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EXHIBIT LIST
Exhibit I RFP
Exhibit 2 Project Schedule
Exhibit 3 GMP Summary
Exhibit 4 RFP Response
Exhibit 5 General Conditions Breakdown
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I0
EXHIBIT
37
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
CLARIFICATION OF INFORMATION AND
EXTENSION OF DUE DATE REGARDING
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE DESIGN BUILD SERVICES FOR FIRE STATION
NO. 7 IN THE CITY OF CHULA VISTA
· This statement is to clarify that the issuance date of the Request for Proposal (RFP) was July 30,
2002. The Director of Building and Park Construction has extended the tine date and will receive
proposals until 4:00 P.M, Tuesday, August 20, 2002 from finns qualified to perform the task.
The qualified finn will furnish all services as required to provide design-build services for a new
Fire Station No. 7 in the of the City of Chula Vista. A copy of the RFP can be obtained at the
City of Chula Vista Public Works Center located at 1800 Maxwell Road, Chula Vista, CA,
91911. For detailed information, please send written inquiries to, City of Chula Vista Public
Works Center, Department of Building and Park Construction, 1800 Maxwell Road, Chula Vista,
CA, 9191.1,, or fax written inquiries to (619) 397-6250, Attention: Ren60livo, Assistant
Director, Building and Park Construction.
/~-~ _
Re ~;~'/~~ August 5, 2002
As'~tt ~'t~irector .
Building and Park Construction
J:XBPC\ConstmctionWire Station #7kR~FP Advertisement Clarification and Extension.doc
CI'iY OF
CHULA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR
FIRE STATION No. 7
RFP Issue Date:
July 30, 2002
Proposal Due Date & Time:
Tuesday, August 13, 2002 by 4:00 pm
City of Chula Vista
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Table of Contents
1.0 INTRODUCTION ............................................................................................................. 1
2.0 IMPORTANT DATES ....................................................................................................... 1
3.0 PROJECT DESCRIPTION .............................................................................................. ...1
6.0 GENERAL OBLIGATIONS OF DBT .............................................................................. 2
5.0 SCOPE OF WORK ............................................................................................................
5.1.1 Pre Construction Services - Phase I .............................................................................
5.2.2 Cons~uction Services - Phase II ................................................................................ 7
5.2.3 Operations/Startup Services - Phase III .................................................................. 9
6.0 INSURANCE REQUIREMENTS .................................................................................... 9
7.0 INSPECTION ................................................................................................................... 10
8.0 CHANGE IN GMP AND CONTRACT TIME ............................................................ 11
9.0 PROJECT COMPLETION .............................................................................................. 11
10.0 WARRANTIES AND GUARANTEES ......................................................................... 12
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING .......................................... 12
12.0 OWNERSHIP OF DOCUMENTS ................................................................................. 12
13.0 RFP REQUIREMENTS ................................................................................................... 12
13.3 General RFP Requirements: ...................................................................................... 13
13.6 Contents: ...................................................................................................................... 13
13.5 Experience and Technical Competence: .................................................................
13.6 Proposed Method to Accomplish the Work: ......................................................... 14
13.7 Knowledge and Understanding of Local "Envirorunent": ................................... 16
13.8 Proiect Organization and Key Personnel: ............................................................... 14
13.9 Financial Arrangements for DBT Members: .......................................................... 15
13.10 Exceptions to this RFP: .............................................................................................. 15
13.11 Addenda to this RFP: ................................................................................................. 15
13.12 Minimum Contractor Qualifications: ..................................................................... 15
13.13 GMP and Schedule of Rates ..................................................................... 16
! 3.14 Additional/nformation ........................................................................... 16
14.0 PUBLIC DISCLOSURE ................................................................................................... 16
15.0 PROPOSAL SCHEDULE ............................................................................................... 17
16.0 PROPOSAL SELECTION PROCESS ............................................................................ 17
17.0 PROPOSAL EVALUATION CRITERIA ...................................................................... 17
18.0 CONTRACT TERMS AND CONDITIONS ............................................................................. 18
ATTACHMENT A- Program of Facility Requirements ................................................................... 20
ATTACHMENT B - Sample Design/Build Contract ....................................................................... 21
ATTACHMENT C - Preliminary Schedule Time Lines .................................................................... 22
ATTACHMENT D - General Conditions Worksheet ....................................................................... 23
ATTACHMENT E - Site Plan ..................................................................................................... 24
REQUEST FOR PROPOSAL
DESIGN/BUILD SERVICES
1.0 INTRODUCTION
1.1 The City of Chula Vista (City) is circulating this Request for Proposal (RFP)
requesting proposals from Design/Build Teams (DBT) qualified to provide the City
with, design services, engineering services, architectural services, construction
management, and construction services/coordination for the construction of Fire
Station #7 in the Otay Ranch area of the City. The DBT shall consist mainly of a
General Contractor and an Architect and can be lead by either. All DBT members
shall be licensed/registered with the State of California. This RFP describes all the
elements of the project, the required scope of services, the design/build consultant
selection process, and the minimum information that must be included in the
proposal. Failure to submit information in accordance with the RFP's requirements
and procedures may be a cause for disqualification.
1.2 A short list of Design-Build Teams will be developed based on the criteria outlined in
this RFP and will be focused mainly on experience in the design and construction of
fire stations. DBTs will then participate in the interview and selection process.
Award will be based on the best value proposal for the proposed design fees, general
conditions and construction fee. Price will be a primary factor, but not the sole
consideration for award. Contracts will be awarded in accordance with the Chula
Vista Municipal Code and the Design/Build Ordinance as outlined in Section 2.57 of
the Chula Vista Municipal Code. The City reserves the fight to award future fire
station projects, including but not limited to, programming, preparation of conceptual
plans, specifications and documents, design services, engineering services,
architectural services, construction management, and construction
services/coordination for the construction to any consultant on the short list without
cimulating another RFP. The short list shall remain in effect for a maximum of three
(3) years.
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Tuesday, August 13, 2002 by 4:00 pm
Location: Public Works Center, 1800 Maxwell Road, Chula Vista, CA 91911 -
Building and Park Construction receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBT shall design and construct for the City: a completed and fully functional
12,000 s.f. 4-bay fire station (referred to hereafter as "Project") including the
facilities and site-work required providing fire service to the eastern territories of the
City. The fire station shall include, but not be limited to all components outlined and
described in the attached document titled "Program of Facility Requirements"
1
(Attachment A). Fire Station #7 is located at the southeast comer of La Media Road
and Street A in Village 2 of Otay Ranch in eastern Chuta Vista (please see
Attachment E). By end of 2002, the project site will be graded and ready for on-site
improvements and building construction.
4.0 GENERAL OBLIGATIONS OF DBT
4.1 The services to be provided by DBT are generally to be performed in three "Phases",
Design, Construction, and Operation/Start Up. The services to be provided in each
Phase are specified below in this RFP. The DBT shall:
A. Perform all services, work and obligations as described herein for a Guaranteed
Maximum Price ("GMP") which shall include Design Services and all Hard
Construction Costs necessary to provide a fully completed and functional
Project including, but not limited to, general conditions, the cost for all labor,
equipment, material, and the D/B Fixed Fee which includes fees and expenses
of any type associated with completing the Project, whether on-site or off-site,
any reimbursable cost. Any costs incurred by D/B in excess of said GMP shall
be the sole responsibility of the D/B, except for change orders approved by the
City in accordance with the D/B contract to be executed with the DBT. A
sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent D/B Contract.
B. Design and construct the Project on time, consistent with time frames set forth
in the Project Schedule (Attachment C), and in such a manner that the GMP or
Contract Time of the Project shall not be exceeded, but if D/B reasonably
believes that any action, inaction, decision or direction being made by City or
agent for the City will likely result in the GMP or Contract Time being
exceeded or the Project being completed late, DBT will notify City in writing
within five (5) calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and time
impact resulting from such action, inaction, decision or direction.
C. Perform, or obtain -prior written consent of the City to subcontract all design
services for the Project utilizing qualified, licensed and sufficiently experienced
professionals. DBT shall not be permitted to
architects,
engineers
and
other
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agencies.
2
E. Perform all services as expeditiously as is consistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule.
F. Comply with the California Fair Employment and Housing Act and all other
State, Federal and local laws including, but not limited to, those prohibiting
discrimination, on account of race, color, national origin, religion, age, sex or
handicap.
G. Study all applicable laws, codes, ordinances, rules, orders, regulations, and
statutes affecting the Project, including but not limited to, zoning,
environmental, building, fire and safety codes and coverage, density and
density ratios and lien laws, and comply with them in performance of its
services. DBT shall ensure that within the established GMP that the Project
conforms to all applicable federal, state and local laws, statutes, ordinances,
rules, regulations, orders or other legal requirements.
H. Take all reasonable steps during the course of construction to control dust and
noise in accordance with the provisions in Section 7-8.1 of the 1997 Edition of
the Standard Specifications for Public Works Construction, City Ordinances
and the D/B contract.
I. Use reasonable care to avoid damaging existing improvements and vegetation
adjacent to the Project Site. IfDBT causes damage to any of this property,
DBT shall replace or repair said property at no expense to City and shall not be
a basis for seeking an adjustment to the GMP or Contract Time.
J. To obtain all permits necessary to complete the Project. City shall pay cost of
permits. DBT shall be responsible for obtaining and paying for all permits
normally obtained by the trades or subcontractors.
K. Conform project design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities
Act ("ADA").
L. Seek and obtain written approval from the City of the drawings for each of the
following design phases: (1) schematic design (2) design development (3) 50%
construction drawings and (4) 100% construction drawings. Said approvals
shall be evidenced by written notice to proceed with each subsequent phase.
M. Provide cost estimating and value engineering services, which takes into
~ consideration long-range maintenance costs, energy efficiency, and impacts on
operation of the Project.
N. Review the environmental documents and all technical reports relating to the
Project Site; and determine and advise City if any additional needed studies are
warranted. DBT shall perform said studies as authorized by City. The costs of
said studies are Reimbursable Costs to be paid by the City without markup.
O. DBT agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this RFP and the
D/B contract.
P. DBT warrants that at least one member of the D/B team shall be licensed by the
California Contractor's State License Board as a General Building Contractor.
DBT is to provide a list of the responsible people within their organizations
performing services, which shall include their qualifications and their function,
for approval by the City prior to start of construction. City and DBT shall
establish "key personnel" who shall remain on the Project until Final
Completion. If any such "key personnel" leave the employment of DBT, City
shall have the right to approve the replacement personnel. DBT shall comply
with all licensing requirements of the State of California, County of San Diego,
and City of Chula Vista.
Q. DBT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or
delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DBT and not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBT include those during design, construction, and
operations/startup of the Project. The GMP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
construction program. The scope of work includes, but is not limited to, the following:
The following requirements shall apply to the four design phases: (1) schematic design
(2) design development (3) 50% construction drawings and (4) 100% construction
drawings. The DBT shall:
1. Develop and Implement Project Management Plan and Procedures
2. Monthly project status reports
3. Coordination/interface with the City and its other
consultants/contractors
4. Progress meetings
5. Interface and communications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Phase I
Utilizing the City required standard specifications, facility program
requirements, Federal, State, and City performance and design criteria, concept
drawings, and reports that will be identified in the Design/Build contract, the
DBT will:
1. Prepare schematic design, design development and consa-uction drawings
and specifications suitable for obtaining City approval and issuance of
permits.
2. Complete the design for all elements of the project, including but not
limited to: civil, structural, landscape architectural, mechanical,
electrical, and specialty consulting areas.
3. Evaluate alternative structural and construction approaches for all
facilities to ensure economical designs that optimize constmctability yet
meet all codes, architectural concepts, conceptual designs, and standard
specifications of the project. Design shall satisfy the Americans with
Disabilities Act (ADA) requirements as required.
4. Incorporate the requirements of permitting agencies as may become
apparent in the course of design. The DBT shall apply for and secure all
permits and provide all necessary reports, studies and support required to
obtain the permits. In addition, the Consultant shall research all Air
Pollution Control District and noise abatement requirements, along with
· any hazardous materials management requirements ofNFPA, Cal-OSHA
and the City Fire Department. The Consultant shall develop all
appropriate environmental plans, including but not limited to, an air
pollution control plan, a noise abatement plan and a hazardous materials
management plan. The Consultant shall submit and obtain approval of an
application for Storm Water Pollution Prevention Plan to the appropriate
authority. If required, the Consultant shall incorporate appropriate
facilities in the design.
5. Conduct site surveys and geotechnical investigations to the extent
necessary for final design. Survey and geotechnical information to be
provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.
b) Prepare Construction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates at the completion
of Schematics, Design Development and Construction Documents
and Bidding phases. Develop Project cost model inclusive of detailed
Quantity Surveys and Cost Estimates.
c) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
5
recommendations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report ofatl
considerations, recommendations and decisions. The goal is to
maximize the quality of construction at a cost equal to or below the
Project Budget.
d) Perform Quality Control (QC) Review of the Drawings and
Specifications throughout all Phases in order to correct errors and
omissions and reduce the quantity of Change Orders during the
course of construction. Include a detailed review of drawings and
designs relative to Code Compliance Laws. Organize and publish
detailed QC Reports based on all findings.
e) Establish a Critical Path Method (CPM) Construction Schedule.
Monitor, update and report to keep the project on schedule.
f) Establish a bidding strategy. Identify, contract, and procure long lead
items. Create early bid packages where applicable.
g) At 90% Construction documents, provide cost estimate that will be
used to establish a Guaranteed Maximum Price (GMP). Any Savings
at the end of the project will be deducted from the GMP and returned
to the owner.
h) During the Bidding of the Project, the DBT shall:
1) Recommend appropriate subdivisions of work into discrete Bid
Packages.
2) Create detailed Scope of Work Packages for bidding to multiple
sub-contractors that will be contracted directly to the DBT.
3) Create all Bidding Documents. Specify unit prices, alternates,
quantities, bonding and insurance requirements.
4) Secure a minimum of three complete and competitive bids for
each package and competitively bid each package.
5) Receive and resolve all RFI's and bid questions.
6) Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of
Work, exclusions, etc. Ensure bids match DBT Scope of Work.
7) Make recommendations for selections and award ofbids based on
lowest, responsible and most complete bids. Provide cost
spreadsheets which compares bids to cost estimates. If lowest
responsible bid exceeds cost estimate, prepare recommendations
to resolve the problems and reduce cost without compromise to
the overall goals of the Project, while remaining within Budget
and on Schedule.
i) Assemble a constmctability review team with City participation at the
50 percent design completion stage. Incorporate results of the team's
review into the design.
j) Provide construction cost control estimates during the design to
support VE and constructability reviews. Revise these cost control
estimates once accepted VE recommendations and other review
cormnents have been incorporated.
k) Identify all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees will be
borne by the City.
1) Prepare draf~ Operations Manual Index to serve as the basis for
preparing the final Operations Manual during the construction phase.
5.2.2 Construction Services - Phase II
A) The DBT shall construct the facility in accordance with the approved
construction drawings and specifications (and associated permits)
prepared by the DBT to meet or exceed all requirements of the City
provided program of facility requirements. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate
design team members during the course of construction to status the
project.
2. Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Project Architect and meet
or exceed quality construction industry standards for this type of
work.
3. Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical and code compliance. Provide
copy to the City for review and comment.
4. Provide resident engineering, contract administration, and
inspection staff, including specialists necessary for the functional,
safe, on budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed from the City and
extending through issuance of Notice of Completion and
Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and
federal codes, building and environmental permit requirements, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide, surveying, and other contracted services as required
completing projects construction. Coordinate City contracted
testing and inspection services during the course of construction.
7. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QA/QC). The Plan shall include but
not be limited to; 1) a statement and definition of QA/QC goals; 2)
an identification of QA/QC criteria and elements; 3) development
of the project QA/QC implementation plan; 4) development of the
QA/QC materials, components, equipment and system testing
plans; and, 5) enforcement of the plans and specifications.
8. Submit the proposed QAJQC Plan to the City for review. The Plan
shall not be implemented without written approval of the City:
9. Be responsible for preparing the Critical Path Method (CPM)
schedule utilized during the project construction and startup
activities. Use Microsoft Project scheduling software consistent
with the City reporting system.
10. Develop a project-specific Plan for defining, tracking and reporting
cash flow activity requirements and submit such plan to the City for
review and approval prior to implementation.
11. Develop a project-specific Change Order Administration Plan for
review and approval by the City. Upon written approval of the
Plan, the DBT shall initiate implementation. The Plan shall define
the required Change Order procedures, including requirements for
requesting, developing, approving, and filing.
12. Implement and maintain an internal records management and
document control system as required to support project operations.
The DBT shall provide records management and document control
information in a mariner consistent with the citywide Prolog
Management reporting/filing system.
13. The DBT shall develop an on-site Project Safety Plan for review
and approval by the City. The DBT shall administer and enfome
the City approved on-site Project Safety Plan for the Project. The
DBT shall monitor and enforce Project construction Contractor
responsibility for safety and health issues relating to their workers
as the Project Site. This shall include workers in direct employment
to the Contractor and ~vorkers involved in a subcontracting,
equipment supply, or any other project-related oral or written
arrangement with the DBT.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
5.2.3 Operations/Startup Services - Phase III
a. The DBT shall prepare, submit for City review and written approval a
Project Startup and Testing Plan for the Project. The DBT shall fully
implement said plan.
b. The DBT shall conduct Operator Training Sessions for persormel.
c. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems within the provisions of the -Contract
Documents.
d. The DBT shall report progress of project startup and testing to the City in
a mariner consistent with the City's reporting system.
e. The DBT shall coordinate and expedite record drawings and
specifications.
f. The DBT shall prepare final accounting and close out reports.
g. The DBT shall prepare occupancy plan reports.
h. Unless the DBT receives the City's prior approval to substitute equal or
better quality materials, the DBT warrants to City that material and
equipment incorporated in the Project will be new, tmless otherwise
specified, and that the Project will be of good quality, flee fi.om faults and
defects, and in strict conformance with the Construction Documents and
the D/B contract.
i. Post Construction: DBT to coordinate an 1 1-month walk through of the
Project to review guarantee/warranty items. DBT to coordinate all
corrective work with the responsible parties and the Cit34 The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed
to resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution for the dispute.
6.0 INSURANCE REQUIREMENTS
6.1 The DBT shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the DBT, kis agents,
representatives, employees or sub-consultants. The maintenance of proper coverage
is a material element o£ the D/B contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract. Minimum Insurance Requirements listed below:
A. The firm selected to perform the work described herein will be required to
provide evidence of Commercial General Liability insurance with combined
single limits, "occurrence" form of not less than $1 million including Business
Auto Liability to be placed with an insurer licensed to do business in the State
9
of California ~vith an A M Best's rating of A-V or better insuring against all
liability of the City of Chula Vista, selected DBT, its subcontractors, and its
authorized representatives, arising out of, or in connection with, the
performance of work under the contract with City.
B. Professional liability insurance shall be required of said firm in a minimum
amount of $1 million, and Workers Compensation with limits as required by
the Labor Code of the State of California.
C. Said insurance shall be provided at the sole cost and expense of the firm
selected, unless the requirement is modified or waived by the City. City
reserves the right to increase the insurance or to substitute project insurance
during contract negotiations.
D. The finn selected to perform the work described herein will be required to
provide evidence of Commemial General Liability insurance with combined
single limits, "occurrence" form of not less than $1 million including Business
Auto Liability to be placed with an insurer licensed to do business in the State
of California with an A M Best's rating of A-V or better insuring against all
liability of the City of Chula Vista, selected DBT, its subcontractors, and its
authorized representatives, arising out of, or in connection with, the
performance of work under the contract with City.
E. Professional liability insurance shall be required of said firm in a minimum
amount of $1 million, and Workers Compensation with limits as required by
the Labor Code of the State of California.
F. Said insurance shall be provided at the sole cost and expense of the firm
selected, unless the requirement is modified or waived by the City. City
reserves the right to increase the insurance or to substitute project insurance
during contract negotiations.
7.0 INSPECTION
7.1 City shall be responsible for City inspection and material testing and inspections,
with reimbursement to be required by DBT for any re-inspections. The City shall
either perform said inspection services with its own forces or contract with third
parties. It shall be the responsibility of DBT, however, to call for, coordinate and
schedule all inspections.
7.2 City, its consultants, subcontractors, independent testing laboratories as well as other
governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. The DBT shall provide them
proper and safe conditions for such access and advise them of DBT's safety
procedures and programs for compliance.
7.3 City landscape inspection is for observation purposes only, not materials testing. The
landscape architect of record shall approve installation.
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8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order.
Change Orders shall be issued only under the following circumstances:
A. The City directs DBT to perform Additional Services.
B. For reasons expressly provided in the D/B Contract.
9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City may fully utilize entire Pro. ject; Substantial Completion shall
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested,
and are operationally functional, subject only to final testing, balancing and
adjustments and normal Final Completion punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project
by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4)
submission of all documents required to be supplied by DBT to City as outlined in
the D/B contract, including but not limited to As-Built Drawings, warranties, and
operating manuals; (5) and delivery to City of a Certificate of Completion duly
verified by DBT.
9.3 The DBT shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating to
the Project.
9.4 The DBT shall provide five sets of City final record drawing documents at the end of
construction, one set of reproducible and one copy in electronic format ("As-Built
Drawings"). As-Built Drawings are to be accurate and legible records showing exact
location by dimensions, and the exact depth by elevation of underground lines,
valves, plugged tees, wiring and utilities.
9.5 The DBT shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of DBT's filing protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of
the project. All information shall be assembled in such a fashion to fit into a standard
file drawer and organized by CSI codes. This copy is in addition to those provided
during the course of construction for comment.
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10.0 WARRANTIES AND GUARANTEES
10.1 The DBT warrants and guarantees to City that materials and equipment incorporated
into the Project will be new unless otherwise specified and that all work will be in
strict accordance with the Construction Documents and will not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City. DBT shall not be entitled to an extension in Contract
Time or increase in GMP because of any delay or increase in cost attributable to the
rejection, correction or acceptance of said work. Defective work may be rejected
even if approved by prior inspection.
10.2 The warranty period shall commence when the Certificate of Final Completion is
issued (irrespective of beneficial use by City prior to Final Completion) and extend
one (1) year after that date or whatever longer period may be prescribed by laws or
regulations or by the terms of any applicable special guarantee or specific provision
of the Construction Documents. The D/B contract will contain provisions addressing
this issue and steps to correct defective work.
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING
11. I The DBT shall maintain, during the Project implementation time and for a period of
three (3) years after completion of the Project, accurate and organized records of all
costs of any type and all services performed for the project. City will have the right
at any time, including during the performance of all Phases of the Project to audit and
copy all such records.
12.0 OWNERSHIP OF DOCUMENTS
12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shall be the
sole and exclusive property of City. No such materials or properties produced in
whole or in part for this project shall be subject to private use, copyrights or patent
fights by Consultant in the United States or in any other cotmrry 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 for this project.
13.0 RFP REQUIREMENTS
13.1 All DBTs are required to follow the format specified below. The content of the
proposal must be clear, concise, and complete. Each section of the proposal shall be
presented according to the outline shown below to aid in expedient information
retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work").
Five (5) copies of the proposal shall be delivered no later than 1[:00 P.M. on Tuesday
August 13, 2002, to:
City of Chula Vista
Attn: Rene Olivo
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13.2 Please note that faxed copies will not be accepted. Also note that incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
proposals are due. Amendments to the RFP shall be mailed to all potential DBTs.
The City reserves the right to extend the date by which the proposals are due.
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector fire prevention facilities of comparable magnitude involving a
GMP incorporating both design and construction.
B. The proposal should be concise, well organized and demonstrate the DBT's
qualifications and experience applicable to the Project. The proposal shall be
inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and word
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
1. Executive Summary.
2. Include a one- to two-page overview describing the highlights DBT
approach and commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule of the entire project.
3. Identification of each DBT member:
rn Legal name and address.
Legal form of company (partnership, corporation, joint venture,
etc.). If joint venture identify the members of the joint venture and
provide all information required under this section for each
member.
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If company is wholly owned subsidiary of a "parent company,"
identify the "parent company."
[] Addresses of offices located in San Diego County, if any.
Number of years that company has maintained office in San Diego
County.
[] Number of employees in San Diego County.
[] City of Chula Vista Business License Number.
Name, title, address and telephone number of person(s) to be
assigned to project.
Name, title, address and telephone number of person to contact
concerning the proposal.
13.5 Experience and Technical Competence:
A. Describe DBT's experience in completing similar design/build projects. List
three (3) successfully completed projects of similar nature with name of
Owner% Project Manager, phone numbers, project type and total value of
completed construction. Projects currently in process may be submitted for
consideration. Consideration may be given to firms who have worked together
on similar projects. Identify the specific projects and include in your client
references where this team has worked together.
13.6 Proposed Method to Accomplish the Work:
A. Describe DBT's technical and management approach to the design and
construction effort. Discuss lines of communications necessary to maintain
design schedule and construction schedules, and software availability for both
schedule and management reporting.
13.7 Knowledge and Understanding of Local 'Environment":
A. Describe experience working in the local "environment" and proposed local
presence for interfacing with the City's project management staff. The
"environment" includes but is not limited to: City and other local agencies
regulations and policies; local environmental documentation requirements;
geotechnical conditions in project area; local building codes; ADA
requirements and other local design criteria.
13.8 Project Organization and Key Personnel:
A. Describe proposed project organization and provide an organizational chart,
including identification and responsibilities ofkeypersonnel. Indicate role and
responsibilities of the prime Consultant and all sub-consultants. Indicate how
local firms are being utilized to ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
of commitment of key personnel for duration of project (through building
occupation) and furnish resumes of key personnel. Provide indication of
staffing level for the project.
14
B. DBT's evaluation will consider its entire team, therefore no changes in team
composition will be allowed without prior written approval of the City.
Describe DBT's capacity to perform the work within the time limitations,
considering DBT's current and planned workload and DBT's workforce.
Penalties will be enforced for personnel changes after award of contract. The
generic agreement (Attachment B) will have language added that will discount
a percentage of DBT's fee for substituting individuals after award of contract.
13.9 Financial Arrangements for DBT Members:
A. If the DBT is a Joint Venture Team, the DBT shall address the proposed
financial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) whichever is less.
13.10 Exceptions to this RFP:
A. The DBT shall certify that it takes no exceptions to this RFP. If the DBT does
take exception(s) to any portion of the RFP, the specific portion of the RFP to
which exception is taken shall be identified and explained.
13.11 Addenda to this RFP:
A. DBT shall confirm in its proposal the receipt of all addenda issued to this RFP.
DBT is not required to include copies of the actual addenda in its proposal.
13.12 Minimum Contractor Qualifications:
A. DBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. DBT must also submit evidence of
being able to be bonded for such projects.
13.13 Schedule of Rates and Fees:
A. Pre-Construction:
1) Provide cost break down of design cost by discipline. Include design
teams cost to administer the contract during the course of construction.
2) Provide a fixed fee for preconstruction services. Services for this period
shall include but not limited to cost estimating, constructability review,
site surveys, subcontractor bidding, submittal review and procurement of
tong lead items. The City views the DBT's input and leadership during
this period as an important component of the project.
B. Project General Conditions: Attached is a spreadsheet of items typically listed
as project general conditions. Provide billing rates for all proposed team
members. All design cost shall be included under Pre-Construction cost noted
as item A above.
15
C. Cost of Work Multipliers (FEE): Based on the scope and size of the project,
please propose an overhead and profit percentage rate and any other multipliers
such as liability insurance to be applied to the cost of work. This rate would
apply to each major phase of the project as it is released and subsequently bid
to subcontractors.
D. Change Orders: Indicate an overhead and profit pementage rate to be used on
subsequent changes to the major phases of the project. This rate shall apply to
deductive changes.
E. Provide Payment and Performance Bond Rates.
F. Provide description of your company's safety policy and how it would be
implemented on this job.
G. Optional: Provide Preliminary Schedule.
13.14 Additional Information:
A. All proposals submitted in response to this RFP become the property of the
City and public records, and as such may be subject to public review. This
section shall contain all the other pertinent information that is required to be
submitted with the proposal in the following order:
1. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanding claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any union signatory agreements.
4. DBTs should provide, on a strictly confidential basis, the following
information:
a) Audited financial statements for the last three years
b) List of projects completed in the last year
c) List of projects currently under development, or construction with
status, development schedule and financial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor.
14.0 PUBLIC DISCLOSURE
14.1. Under the California Public Records Act (California Government Code Section 6250
et seq.) records in the custody of a public entity generally have to be disclosed unless
16
the information being sought falls into one or more of the exemptions to disclosure
set out in Government Code Sections 6254 through 6255. The cover letter of the
proposal should contain a paragraph that states whether or not DBT believes that its
proposal does or does not contain information that falls into one of the exemptions of
Government Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
party that requests it. Regardless of assertions of confidentiality, proposal contents
may still be disclosed if City, or a court with jurisdiction, determines that such
proposal is a public record requiring disclosure.
15.0 PROPOSAL SCHEDULE
15.1 The solicitation receipt and evaluation of proposals and the selection of the DBT will
conform to the following schedule (Note: Dates are subject to change):
· Distribution/Advertisement of RFP - July 31, 2002
· Submittal of Proposals Deadline - Tuesday, August 13, 2002 by 4:00 pm
· Submittal Review - August 13, 2002 through August 20, 2002
· Interviews - August 21, 2002 through August 27, 2002
16.0 PROPOSAL SELECTION PROCESS
16.1 A short list of Design-Build Teams (DBT's) will participate in the selection process.
Award will be based on the best-qualified DBT to build the facility. Relevant team
experience, design costs, fee and general conditions will be a primary factor, but not
the sole consideration for award. Contracts will be awarded in accordance with the
Chula Vista Municipal Code and the Design/Build Ordinance as outlined in Section
2.57 of the Chula Vista Municipal Code. The City reserves the right to award "Pre-
Design" work on this or any other projects, including but not limited to,
programming, preparation of conceptual plans, specifications and documents to any
DBT on the short list without following the RFP phase.
17.0 PROPOSAL EVALUATION CRITERIA
17.1 Submittals received by City will be evaluated in no certain order, according to the
criteria listed below:
A. Conformance to the specified RFP requirements and format;
B. Organization, presentation, and content of the submittal;
C. Specialized experience and technical competence of the firm(s), (including
principal firms, joint venture-partners, and sub-consultants) considering the
types of service required; the complexity of the project; record of performance;
and the strength of the key personnel who will be dedicated to the project;
17
D. Proposed methods and overall strategic plan to accomplish the work in a timely
and competent manner;
E. Knowledge and understanding of the local environment and a local presence for
interfacing with the City;
F. Financial resources and stability of the principal consultant and/or DB team;
G. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modify or waive the insurance requirements or elects to provide
project insurance;
H. Pre-Construction Costs, FEE, Change Order mark up rates.
I. The City will complete the evaluation of the Request for Proposals and invite
up to four (4) firms to interview no later than August 20, 2002.
8.0 CONTRACT TERMS AND CONDITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the fight to
reject any or all submittals. Selection is dependent upon the negotiation of a
mutually acceptable contract with the successful DBT. A sample contract that will be
modified to the specifics o fthis proj eot is provided for your review as Attachment B.
No modifications to the standard contract language will be granted. Cost to meet the
minimum requirements shall be noted as part of Section 13.13 above or clearly
denoted as an exclusion as part of your proposal response.
18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days
from the date of receipt. The finn(s) selected to be placed on the short list as
described in this RFP will be required to provide evidence of Commercial General
Liability insurance with combined single limits, "occurrence" form of not less than
$2 million including Business Auto Liability to be placed with an insurer licensed to
do business in the State of Califoroia with an A M Best's Rating of A-V or better
ensuring against all liability of the City of Chula Vista, selected consultant, its
subcontractor(s), and its authorized representatives, arising out of, or in connection
with, the performance of work under the contract with City. Professional liability
insurance shall be required of said finn in the minimum amount orS1 million, and
Workers' Compensation with limits as required by the Labor Code of the State of
Califomia.
18.3 Said insurance shall be provided at the sole cost and expense of the finn selected,
unless the requirement is modified or waived by the City. City reserves the fight to
increase the professional liability insurance (errors and omissions insurance) or to
substitute project insurance during contract negotiations.
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The City looks forward to receiving a proposal from your firm. If you have any questions regarding
this RFP, please contact:
Mr. Ren60livo, Assistant Director of Building and Park Construction
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Phone: (619) 397-6088
Fax: (619) 397-6250
Email: Rolivo~ci.chula-vista.ca.us
Attachments:
Attachment A: Program of Facility Requirements
Attachment B: Sample Design/Build Contract
Attachment C: Project Schedule
Attachment D: General Conditions Worksheet
Attachment E: Site Plan
19
Attachment A:
Program of Facility Requirements
20
ATTACHMENT A
CI'IY OF
CHULA VISTA
CH UL A VIS TA
FIRE DEPARTMENT
FIRE S TA TION # 7
PR 0 GRAM D 0 C UMENT
TABLE OF CONTENTS
DESIGN REQUIREMENTS .............. 1
1.0 GENERAL INFORMATION ...... 1
2.0 GENERAL INTERIOR INFORMATION 2
3.0 GENERAL EXTERIOR INFORMATION ..................... 5
4.0 LANDSCAPE & IRRIGATION ........................... 8
5.0 APPARATUS ROOM ........................................................................................... I0
6.0 SPECIALIZED AREAS/ROOM ..................... 13
7.0 LWING AREAS ............................. 15
8.0 SLEEPING AREAS .......................... 19
9.0 BATHROOMS .............................. 20
10.0 EXERCISE / PHYSICAL CONDITIONING AREA ................................... 21
11.0 STORAGE ROOMS .................................. 22
12.0 PATIO ..................................................... _. 22
13.0 FUEL DISPENSING SYSTEM .............. 22
14.0 STAND-BY GENERATOI~ ............................... 22
15.0 GENERAL PLUMBING ...................... 23
16.0 GENERAL ELECTRICAL ..................... 23
17.0 TRASH ENCLOSURE .............................. 24
18.0 ATTACHMENTS ......................................... 24
Fire Station #3 Locker Plan.: ...................... 25
Safety Clothing Locker Drawing ........................................................................ 26
FIRE STATION DESIGN REQUIREMENTS
The following information has been prepared as design requirements for the Chula Vista Fire
Department. These are presented as minimum standard requirements for fire stations. The
requirements will be reviewed at initial design meetings and throughout design development.
Plans shall be prepared showing all details and notes required to provide the contractor with sufficient
clarification and information to construct the project to the intended design. Specifications shall be in
CSI format with all referenced standards defined in a supplemental manual and presented for review
by City of Chula Vista Building and Park Construction.
The design of the fire station shall consider the use of "Green Building Technology" and the use of
natural lighting when costs are approximate conventional construction. The design shall meet Title 24
and ADA requirements. A statement shall be made on the cover of the plans and specifications noting
that this is an essential services building and that the contractor is responsible for understanding and
complying with all applicable codes and requirements.
All wastewater and run-off fi.om station activities shall be properly routed to meet all county and city
pollution criteria.
1.0 GENERAL INFORMATION
As a future Battalion Headquarter, Fire Station No. 7 will consist of a minimum of 12,000
square foot Fire Station with living quarters for ten personnel, four (4) bays to accommodate a
3-person engine company and a 4-person truck company with additional space for a utility and
reserve engines on a 1.5 acre site.
1.1 Site Area:
a. Fire station shall be situated on an approximate 1.5 acres site.
b. Fire station shall accommodate space for utility and reserve engines.
1.2 Station Area:
a. Fire station shall be a minimum of 12,000 square feet.
b. Fire station shall accommodate a three (3) person engine company and a four (4)
person truck company.
1.3 Crew Size:
a. The fire station shall accommodate a crew often (10) personnel.
1.4 Fire Apparatus Vehicles:
a. The following fife apparatus/vehicles will be typically assigned to the fire station:
1) Two (2) triple combination pumpers (1 for front line, 1 reserve)
Length: 30 feet
Width: 10 feet
Turning Radius: 52.0 feet (outside)
Weight: 40,000 pounds
I
J:~BPC\ConstmctionLFire Station #7\CVFD Program Document. doc
2) Two (2) aerial ladder trucks (1 for front line, 1 reserve)
Length: 44 feet
Width: 10 feet
Height: 13 feet
Turning Radius: May vary depending upon type of apparatus,
Smeal 94' (outside)
Weight: 60,000 pounds
3) Two (2) miscellaneous vehicles (e.g., Battalion Chief's large SUV
car, or utility vehicle).
1.5 Furniture
1) Design team shall coordinate and interface with Office Pavilion. Design Build
team shall ensure all required utilities are installed and coordinated to facilitate
furniture installation.
2.0 GENERAL INTERIOR INFORMATION
2.1 Doors, Frames and Hardware
a. All interior and exterior doors shall be set in metal frames.
b. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, and UV protected. Second story windows, when required, shall
have a tilt feature allowing cleaning from the interior.
c. Ail bottom windowsills will be provided with a hard finish material for ease of
cleaning (i.e. corian, tile, decorative stainless steel).
d. All interior doors shall be exterior grade, solid wood staved-core, and birch-
skinned, and swing in the direction of the apparatus floor area.
e. Bathroom doors shall be solid with no open venting.
f. Panic hardware is required on interior doors leading directly into the apparatus
area.
g. Locks on interior doors including the offices, storage rooms and computer work
room shall be compatible with Station gl master system (Best lock system).
h. All wooden doors to be stained and not painted.
i. Doors leading to exterior to be operable from interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
j. Doors leading to the kitchen area, and apparatus area shall have a window area as
allowed by code.
k. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
1. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
m. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
offices, and apparatus area. Doorbells will be installed at the front, rear and other
public-accessible doors. The Doorbells will have different tones to indicate
activation location. Consider tying doorbell to station alerting system.
2.2 Walls and Ceiling Surfaces
a. Restrooms, kitchen, storage moms, weight room, workrooms, communication
room, and apparatus room shall be painted with 100% acrylic semi gloss finish.
b. Color to be approved by the City prior to application.
c. Walls and ceilings are to be drywalled, textured, sealed and painted.
d. Interior hallways shall be a minimum of four feet in width. Total hallway area will
vary by station design. It is anticipated that there will be approximately 700 square
feet of hallways.
e. Provide bumper guards and backing at hallway.
f. Ail interior walls to be insulated.
g. All interior walls that will be used to mount appliances or fixtures (towel bars,
paper dispensers, soap dispensers, etc.) will have support material installed behind.
h. Install soundproofing between apparatus area and adjacent living spaces.
i. Soundproof bathrooms. Protect areas outside bathrooms from bathroom noises.
i.e. flushing toilets, showers, running water.
j. Provide sound insulation at all walls and ceilings.
2.3 Floorcoverings
a. Commercial grade carpeting shall be utilized for officers' room(s), offices, sleeping
areas, day rooms, and training room.
b. Carpet shall be Mannington, "Strategies" - Enhanced Backing, 26 oz. Yarn weight
and 77 oz, total carpet weight.
c. The kitchen, restrooms, dining area, and other heavy traffic areas shall be porcelain
ceramic file or terrazzoas approved by the City.
d. Ceramic tile will have minimal grout joints and use dark-colored grout. Color to
be approved by the City.
2.4 Windowcoverings
a. All exterior windows and sliding doors shall be provided with 3" vinyl vertical
blinds per the approval of the City.
2.5 Central Air Conditioning/Forced Air Heating
a. High energy efficient central air conditioning and forced air heating shall be
provided in living areas as required to maintain 74 degrees in the summer and 68-
72 degrees the remainder of the year.
b. System should have separate zones with setback feature for operational and energy
efficiency.
c. Any and all condensation drains shall be drained to the exterior of the building.
2.6 Fire Alarm, Smoke, Carbon Dioxide Detectors and Sprinkler System
a. Smoke, and carbon dioxide detectors shall be installed to code.
b. The building shall be provided with a complete automatic fire sprinkler system per
existing code.
c. Sprinkler alarm shall be capable of being connected to a central monitoring station.
d. Use N.F.P.A, 13 for specifications.
e. Sprinkler heads to be flush mounted and concealed in the living areas.
f. Central monitoring panel location subject to City approval.
g. Provide fire alarm system.
2.7 Lighting
m General illumination shall be capable of providing adequate and functional
illumination for all living, sleeping, office space and other functional areas.
b. Natural lighting (including windows and Skylights) shall be provided whenever
possible.
c. Energy efficient lighting systems and occupancy sensors shall be designed
according to location and use.
d. Provide a night lighting system in hallways. Use floor level lighting where
applicable.
2.8 Communications and Paging System
a~ Provide an alert paging system with speakers located in each sleeping quarters,
each bathroom, office areas, recreation room, kitchen, apparatus bays, storage
rooms, exterior areas, and any spaces not mentioned, but deemed necessary to
allow all employees to be notified when on fire station grounds. This system shall
be compatible with existing City alerting-equipment.
b. Paging system shall be capable of selective alerting. Programmable by station
personnel for selected sleeping areas. Should be similar with First-In Alerting
system located at CVFD Station #1with recessed wall-mount devices.
c. Paging areas shall be divided into designated zones with separate amplifier control
for individual zones with fire department approval.
d. Alert paging will activate overhead lighting in fire station as specified by fire
department personnel. Activated lighting will include the use of red lights for
night-time alerting in sleeping areas and hallways leading to the apparatus bays,
and as approved by fire department.
e. Provide exterior weatherproof speakers that meet the requirements of the City's
Communication Division in addition to the alert paging system.
f. Provide two-horn-type paging speakers located on either side of the apparatus
floor.
g. Interior speakers shall be flush mount of high quality, and approved by the City.
h. Multiple-point in-house telephone-paging system shall be installed, which meets
4
the requirements of the City's Communication Division as well as the alert paging
system.
i. Proper in wall backing shall be provided at all locations for wall hung tv's.
j. Contractor will also provide adequate mounting and protection of equipment.
k. Fire station will be wired for cable television, with outlets located in the day room,
all sleeping areas, kitchen, training room and exercise
room.
1. There shall be a central control panel for connections. A booster shall be provided
as necessary.
m. Provide telephone jacks in dining area, day room, exercise area, sleeping areas,
offices, training room, computer workroom and apparatus bay.
n. All outlet and jack locations to be approved by the City.
o. All phone and data wiring will use CAT-e, UTP cable terminated to R J-45 modular
jacks using T568B standard and CAT-Se rated components. Each CAT-Se cable
will terminate in the communication equipment room on a rack mounted 48-port
CAT-Se patch panel.
p. Each voice and data jack will be labeled with the port number to which it is
terminated.
q. All voice and data jack locations will consist of three (3) modular jacks each (3-
plex) of which terminates on thc 48-port patch panel.
r. Digital voice, analog voice and data will then be patch using colored patch cors
from the source to the appropriate jack(s).
s. Provide wiring for computers and printers as indicated by the City including
sleeping areas.
3.0 GENERAL EXTERIOR INFORMATION
3.1 Utilities & Sitework
a. A fire hydrant with one 2 1/2" and one 4" outlet shall be positioned near the
driveway at the front of the fire station and on the same side of the street, adjacent
to the driveway.
b. When drive through capabilities exists, the hydrant shall be placed near the rear of
the station driveway. Location shall be the
approved
by
City.
c. Hose bibs shall be provided at each of the following: apparatus room, patio, each
comer of the building, as needed at 75' intervals, the Ixash enclosure, and next to
the hose drying ramp. Hose bibs shall not require a special key to operate or
access.
a supply sprinkler supply with a 2 1/2" outlet with
d.
Provide
1
1/2"
line
off
the
National Standard Pipe tread, controlled with a bronze ball valve, located next to
the above ground fuel tank and/or rear area of the apparatus bay near rear entrance.
This area should be a level.
e. Provide all tie ins to all laterals, i.e. sewer, water, etc.
5
3.4 Roof'mg
a. Flat roof surfaces shall be minimized. If necessary, any flat-roofed surface shall be
"Tremco', SBS- modified bitumen roof system with cool roof coating over fesco
or equal. Mechanical penetrations shall be kept to a minimum, but when used, shall
have a 12" SBS modified granular cap sheet. Parapet walls in appropriate flashing
material, and all copings are to be galvanized metal. All terminations in the roof
shall be reflected in plan details.
b. Sloped roofs shall not be standing metal seam systems.
c. Rain gutters will be a separate unit and independent of the other roof systems. Rain
gutters must be able to be removed and replaced without compromising the
integrity of the roofing, flashing, or building fmishes. Gutters shall be designed,
sized and installed in a manner to catch watershed. Internal roof drains shall be
insulated to minimize interior noise at living areas.
d. Acceptable Roofing Manufacturer: Tremco.
3.5 Doors, Frames & Hardware - ADA
a. Locks on exterior doors shall be compatible with Station/ti master system (Best
lock system).
b. All exterior station doors (except sliding glass doors) will be self-latching and
locking, with a keypad entry adjacent to each door.
c. All interior and exterior doors shall be set in metal fi'ames.
d. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, and UV protected. Second story windows, when required, shall
have a tilt feature allowing cleaning from the interior.
e. Doors leading to exterior to be operable fi.om interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
f. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
g. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
h. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
offices, and apparatus area. Doorbells will be installed at the front, rear and other
public-accessible doors. The Doorbells will have different tones to indicate
activation location. Consider tying doorbell to station alerting system.
3.6 Lath, Plaster & Stucco
a. The exterior shall be finished in stucco, with expansion joints and reveals to meet
or exceed code and detailed on drawings. The stucco finish shall not have a heavy
texture. After color coat, the building is to receive a fog coat to insure uniform
color and finish. After proper curing, the building is to receive a stucco sealer.
b. Color and finish to be approved by the City.
3.7 Specialties & Signage - ADA
a. The fire station sign should be approved by the Fire Department. The sign should
read "CHULA VISTA FIRE DEPARTMENT, STATION NO. 7". Letter size shall
match station 3 and 4. Sign lettering will be illuminated for nighttime and
controlled by photocell in series with switching ability.
b. Address characters shall be a minimum of 6" high, visible f~om the street,
illuminated and controlled by photocell in series with switching ability.
c. Provide signs as necessary for doors, entrances, parking areas, and other areas as
deemed necessary by fire department personnel.
d. Provide a 30' ground mounted aluminum flagpole with halyard lock, capable of
accommodating two (2) 4' x 6' flags. Location to be approved by the City.
e. Provide a mailbox in accordance with Postal Service requirements. When a mail
slot is provided in a door or through an exterior wall, the access door cover must
cover the entire mail slot opening and open outwardly. This will prevent weather
and water damage to interior of the station. If required by postal Service to be
located on the street, box shall be lock fitted and watertight.
f. Traffic Control Device: The installation of traffic control devices shall control the
intersection nearest the fire station.
g. See allowance for Dedication Placque.
3.8 Electrical
a. Outside lighting shall be divided into zones, with timers and switches to provide
for energy conservation. Lighting as needed to illuminate the general SUlTounding
area of the fire station.
b. The crew parking area shall be illuminated with energy efficient fixtures, with cost
effective replacement bulbs, controlled by photocell in series with switching
ability.
c. Working lights shall be provided at the front and rear of the apparatus room, water-
fill and fueling facilities. These fixtures will be controlled with individual switches.
d. A red light shall be located near the entrance of the fire station. The light will be
controlled by photocell in series with switching ability.
e. Two (2) lights shall be located to illuminate the flag pole. These shall be controlled
by photocell in series with switching ability.
f. Lights shall be supplied to illuminate generator area.
g. Interior/exterior automatic transfer switch shall be provided for the generator.
4.0 LANDSCAPE ARCHITECTURE AND SITE LAYOUT
4.1 All landscape and irrigation plans shall be prepared and signed by a California licensed
landscape architect.
4.2 All landscape and irrigation plans shall be prepared on City 'D' sheets to comply with
all applicable City standards, including but not limited to, the City of Chula Vista
Landscape Manual.
4.3 Landscape drawings shall conform to the design guidelines created as part of all
approved planuing documents for Otay Ranch Village.
4.4 All final mylar landscape sheets shall be signed as approved by the Director of Parks
& Building Construction or Designee.
4.5 The landscape architect shall produce 'As Built' mylar record drawings and digital
files for storage in the City's landscape drawing record system. Produce additional
sets of drawings as required by the landscape inspector.
4.6 Prepare a landscape site plan, in addition to the civil engineers site plan, as part of the
landscape drawing package that is a comprehensive plan of all planting areas, walks,
exterior circulation space, fencing, walls, flag poles, exterior lighting, trash receptacle
storage areas and BBQ patio areas, referred to elsewhere in this document. This sheet
shall be provided in addition to sheets showing planting, construction & irrigation and
shall be approved prior to production of construction sheets.
4.7 The planting palette shall provide a low maintenance, low water use design, with an
automatic irrigation system. The planting design shall include the use of a variety of
different plant material and forms including groundcover, slxrubs and trees.
4.8 Trees shall be planted at a minimum 24" box size. All trees at or closer to hard
material than 5', shall have root barrier installed for 10' in either direction from the
center of the tree to protect the hard surface. Specify the use of a chemical root
barrier. All trees shall be watered independent from the rest of the planting areas with
two irrigation bubblers per tree on a designated valve of the irrigation system.
4.9 The automatic irrigation system shall comprise approved irrigation equipment in use
elsewhere in the City and as specified in the City of Chula Vista Landscape Manual.
Contact the City's Landscape Architecture Division for current information. The
irrigation system shall provide appropriate mounts of water to meet the water demand
of the plant material specified such that healthy plant growth can be achieved without
surplus irrigation or mn off fi'om planting areas. All irrigation details shall be
approved by the water district.
4.10 Include a designated water meter for landscape irrigation. (Design for reclaimed water
use unless informed otherwise by the water district.)
4.11 Planting & irrigation plans shall include all modifications to adjacent landscape
irrigation systems that may be necessary as a result of the development of the fire
station site.
4.12 Other than quick couplers all exterior hose bibs for cleaning purposes shall be supplied
with potable water.
4.13 Ensure that all surface water drains clear of the building. Drainage for the building
and landscape pad shall be collected on that pad for drainage off site to an approved
outlet. The landscape architect shall review all drainage proposals prepared by the
civil engineer prior to submittal to the City for approval
9
4.14 Do not include any turf areas in the fire station landscape.
4.15 Provide planting on retaining walls, either by planting vines or by constructing
plantable walls.
4.16 Foundation planting maybe used so long as there is easy access for window cleaning
and access to meter boxes etc.
4.17 Specify the application of 4" bark mulch to all planting areas.
:
4.18 Provide specifications for both planting and irrigation.
4.19 Include a one-year maintenance establishment period for the landscape and irrigation
prior to turnover to the City for maintenance.
5.0 APPARATUS ROOM
Please note that no pre-engineered buildings, i.e. Butler Building, shall be used.
5. I The apparatus room of approximately 5,040 square feet shall have drive-through stalls
and shall provide four (4) bays as required by assigned quantity and size of apparatus
and will be defined in design development. Apparatus room should be approximately
72 feet in length and 70 feet in width. The center bays should be approximately 16 feet
in width and the two outside bays should be approximately 19 feet in width.
m The apparatus area shall be capable of housing 3-6 vehicles including any
combination of the following:
1) Two (2) triple combination pumpers (1 for fi'ont line, 1 reserve)
2) Two (2) Aerial ladder macks (I for fi'ont line, 1 reserve)
3) One (1) Battalion Vehicle
4) Two (2) Utility Vehicles
b. The apparatus room shall be insulated including the ceiling or roof. The ceiling
will be finished in drywall.
c. The apparatus room shall be provided with passive and positive ventilation.
d. The apparatus room shall be constructed without columns in the open space area.
5.2 Overhead doors shall be provided at the front and at the rear of the apparatus area, for
each bay.
a~ Doors shall be heavy duty commercial, roll-up with full-width view panels.
b. The apparatus door dimensions are as follows:
Height: 14 feet
Width: 14 feet
c. Apparatus bay doors are to be the overhead roil-up-type, electrically operated.
10
d. Each door will have a separate electric eye and pneumatic safety device to prevent
contact with fire apparatus.
e. Overhead doors shall have a strobe blue-colored light adjacent to each, indicating
when door is moving up or down. This lighting should be mounted on the interior,
both fi.ont and rear, and on the exterior of the rear door.
fi Doors are to be able to be operated with push buttons located by each door, and at
a central panel located per City approval.
g. Doors will also be radio-controlled by a controller receiver on or about the door
that is compatible with existing Linear-brand fire deparmaent controllers.
h. Buttons shall have open, stop and close positions.
i. Vision panels of full width are required on each door.
j. All doors shall be wired to the emergency electrical circuit to facilitate continuous
operation.
k. Doors are to be factory finished with powder coating.
1. Apparatus bay doors shall have the ability to have a manual override enabling the
door to be opened manually in 1.5 minutes.
m. Apparatus bay doors shall have programmable coding compatible with CVFD
standards.
n. Lights to be mounted in position that raised doors will not interfere with
illumination of bays.
o. Doors shall have anti-noise material installed on tracks.
p. Doors and floor layout should be capable of preventing rain, wind and insects fi.om
passing by doors.
q. Apparatus doors shall have signage indicating height above each, mounted on the
exterior surface, fi.ont and rear.
5.3 Apparatus room floor is to be a minimum of 6", 3250 psi concrete, and reinforced with
re-bar 12" on center.
a. The apparatus floor shall be poured in keyed sections using greased rods to connect
each section.
b. Sections shall be poured in a manner to slope to floor drains.
c. Where the concrete comes in contact with sidewalls, front and rear driveways, and
any other surface, the floor will be fitted with zip cap felt and caulking.
d. Floor finish shall be hard-trowel, sealed colored-concrete. The City must approve
color.
e. The finished concrete shall be cleaned and sealed in the final phase of finish
Construction. (Notes shall be made on the drawing to protect the concrete finish
throughout construction.)
5.4 Floor drains are to be located to have three (3) drains in each bay, located under the
apparatus. These are to be connected to an oil separator as required by code.
11
5.5 Apparatus Area Walls/Wall Space:
a. Stem walls shall be a minimum of 6" high with 4' high ceramic tile wainscot with
an integral covered base.
b. A smooth 10' high x 12' wide wall surface shall be provided for a district map. This
shall be constructed of 3/4' plywood, edge banded, joints sealed and painted white
to take sizing paper. Area will have removable plexiglass sections provided to
cover the surface. Two 4' fixtures in-line fluorescent lights with two (2) tubes each,
shall be provided over the map area, mad provide operating switch next to the map.
c. Two (2) wall mounted 4' x 6' porcelain covered steel whiteboards shall be provided
on opposite sides of the Apparatus Area as designated by the City.
d. Provide cold water drinking fountain and hook-ups.
5.6 Exhaust Extraction System:
a. Adequate separation between the apparatus room and the living area shall be
provided to prevent the transmission of apparatus exhaust fi:om the apparatus area
to the living areas of the station.
b. Mechanical ventilation shall be provided for the apparatus area with direct hookups
to the apparatus exhaust pipe removing 100% of engine exhaust to the outside of
the station.
c. The ventilation system shall be automatically actuated and have the ability to
provide drive-through or back in operation.
d. System shall be Nederman or City approved equal.
5.7 Contractor to provide pre-plumbed air outlets from the ak compressor area to the front
and rear walls located on each bay pillar of the apparatus bay. Contractor will also
provide retracting reels for areas between bays. Number to be determined by length of
bays with fire depathnent approval. Retractable lines will be capable of reaching all
areas of bays.
5.8 Electrical
a. Lighting shall be provided between each stall. Lights to be switched on or
automatically come on when the paging alert system comes on.
b. Drop cords on reels shall be provided on the driver's side of each vehicle. Each
cord is to be on its own circuit. The cord shall be 12/3, 600V, and water-resistant.
The cord shall have a robber coated, waterproof bell box with a robber coated lid,
HBLI7CM85, having a built in switch and an "on" indicator light. The cord will
terminate with a female 20-amp connector. A 2' foot breakaway section will be
added to the female termination having a 20-amp male fitting on one end and a 20-
amp female compatible with apparatus plug-in, on the other end. The 20-amp end
is to hang 12" from the floor.
c. Provide electrical outlets along all walls spaced at minimum 12' intervals, on wall
between apparatus doors, and on any stem walls.
12
6.0 SPECIALIZED ROOMS/AREAS (WASH ROOM, WORK ROOM, ELECTRICAL
ROOM, MECHANICAL ROOM, LOCKER ROOM, WEIGHT ROOM, AND
COMMUNICATION ROOMS)
6.1 A washroom of approximately 165 square feet shall be provided, and contain a washer,
deep sink, shower area, hose bib, mop sink, EMS sink, and equipment drying area.
a. The washroom shall have same finished surface as apparatus room with a central
floor drain.
b. A shower stall will be provided, being 4' x 5' in the clear.
c. A wall mounted deep sink and EMS sink shall be provided in this area. EMS sink
to have foot mounted control pedals. Faucet height shall be approved by the City.
d. Provide area to accommodate commemial front-load washer. This area for the
washer shall have hot and cold water, a drain for a residential washer and a floor
sink for a commercial washer, and provide space to house either type of unit.
Provide cabinet for miscellaneous storage with adjustable shelving.
e. See allowances for washer/dryer.
6.2 Work Room:
a. A workroom approximately 150 square feet is needed directly adjacent to the
apparatus area.
b. A compressor shall be installed and plumbed to provide access at all areas of the
apparatus room. Space shall be provided for a compressor capable of providing
nine (9) cubic feet per minute at 175 psi. The workbench will have a minimum of
41" clearance from floor to work bench. (An air compressor shall be installed on
the exterior of the apparatus room in a weather protected, well-ventilated room
with appropriate electrical supply).
c. Contractor will provide portable pressure regulator (capable of reducing pressure
from 200 psi to 50 psi) with quick disconnects for use at plumbed air outlets.
d. A 32" x 8' workbench constructed with a solid, I 1/2 ' hardwood top shall be
provided with a steel plate on top. A space shall be allowed for mounting a vise on
workbench top. Provide white pegboard above workbench for tool organization.
e. A floor drain will be installed in this area.
f. Provide cabinet for miscellaneous storage with adjustable shelving.
6.3 Water Heater Room
a. Provide a separate area for water heater system, commercial quality as per UBC.
b. Water heater shall provide hot water to the entire facility.
c. All hot water pipes are to be insulated
d. Hot water should have circulation system with timer control for continuous hot
water.
6.4 Electrical Room: An approximately 50 square foot electrical/mechanical room shall be
accessible by San Diego Gas & Electric Company.
6.5 Commumcations Equipment Room
13
a. A communication room approximately 40 square feet shall be provided with
enough space to house computer LAN, telephone equipment, station alerting, cable
TV, and communications equipment.
b. The room shall be air-conditioned.
c. The walls shall be covered with painted 3/4" plywood, good one side, beginning 3'
off the floor and extending to 7'.
d. The contractor will also provide a mounting area for communication equipment.
e. Provide conduit, pull boxes, and pull cords to all rooms requiting communication
connections, including phones, cable TV, paging, station alerting and computer
equipment.
f. Provide four (4) circuits in communication room in double duplex boxes. Each
circuit shall be on emergency power.
g. Provide a two-inch conduit between the communication mom and a weather head
mounted on the exterior of the building. This shall be located on a high portion of
the building next to a location for an antenna mount. An antenna mount shall be
provided using two unistmts placed 2' apart securely attached to the building.
h. Submit site plans to SBC-Electrical Engineering section for SBC facilities site
plan.
i. Provide and install painted plywood backboards.
Conduit fi.om the street into the MPOE must have a pull rope.
k. Conduit at the street must stub up eight inches above finished grade.
1. Conduits at the street (if more than one) must be grouped close enough together for
a pedestal to fit over.
m. There must be a ground wire in the MPOE attached to the ground used for/by
SDG&E g6 solid or g4 strand.
n. Contact SBC for MPOE inspection prior to SBC bringing telephone facilities in
form the pedestal/street.
o. The Communications Equipment Room shall be sufficiently lit.
p. Door shall open outwardly.
q. See Phone Chart below;
3-Plex CATSe 8-Button 32-Button Used for Used for
Area/Room Jacks Lines Phone Phone Analog LAN
Battalion Chief's Office 2 6 1 1 1
Fire/Security Alarm System '1 3 2
Captain's Office 2 6 1 1
Engineer & Firefighter Office 2 6 2 1 2
14
Computer Work Room 2 6 2 1 2
Training Room 5 15 2 1 6
Fire Prevention/Police Storefront 3 9 4 1 4
Day Room 1 3 1
Kitchen 1 3 1
Dining Room 1 3 1
Sleeping 11 $3 11
Exercise/Physical Conditioning I 3 1
Run Printer Location 1 3 1
Totals 32 96 25 2 7 16
6.6 Storage Room / Hose Storage Area:
a. Provide a storage room of approximately 105 square feet with interior and exterior
access, vented doors, and be located near hose drying rack area.
b. Hose racks shall be installed to provide storage for hose compliment assigned to
station. The City must approve.
6.7 Turnout Room: A turnout room shall be provided to house the required number of
turnouts for the crew size. The room shall be vented to the exterior and enclosed with
doors. Room shall have no sources of direct sunlight.
a. The number of lockers for a crew often (10) shall be 36.
b. The lockers shall be built into the walls. (See attached drawing.)
c. The turnout room of approximately 324 square feet shall be located next to the
apparatus room. The room will be provided with passive and timer-switch-operated
positive ventilation.
7.0 LIVING AREAS
7.1 BATTALION CHIEF'S OFFICE with a minimum of 144 square feet and provide for:
a. Standard 30" x 60" desk with swivel chair.
b. Counter space for a computer, printer, and a facsimile machine.
c. Space for three (3) legal size 4-drawer file cabinets, to be provided by the Fire
Department.
d. Provide space for a four-shelf bookcase (48"x36").
e. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
f. Provide four (4) phone/data lines: two (2) for phones one (1) for computer and one
(1) for fax.
15
7.2 CAPTAIN'S OFFICES: two (2), with a minimum of 120 square feet each, and each to
provide for:
a. Standard 30"x60" desk with swivel chair.
b. Counter space for a computer, printer, and a facsimile machine.
c. A space for three (3) legal size 4-drawer file cabinets, to be provided by the Fire
Department.
d. Provide space for a four-shelf bookcase (48"x36").
e. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
f. Provide two (2) 3-plex jacks, two (2) for phones one (1) for computer and one (1)
for fax.
7.3 ENGINEER AND FIREFIGHTER OFFICE with a minimum of 144 square feet and
provide for:
a. Two (2) Standard 30" x 60" desks with swivel chairs.
b. Counter space for a computer, printer.
c. A space for one (1) legal size 4-drawer file cabinets, to be provided by the Fire
Department.
d. Provide elec~cal outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
e. Provide two (2) 3-plex jacks, two (2) for phones one (1) for computer and provide
one (1) for fax.
7.4 COMPUTER WORK ROOM
a. Provide an approximate 144 square feet computer work room.
b. Provide two (2) 3-plex jacks, two (2) computer workstations, two (2) for phones
and one (1) for copier machine.
7.5 TRAINING ROOM of approximately 600 square feet with the ability to place desks,
phones and computers. Room shall be adjacent to other offices and computer
workroom.
a. Provide a wall mounted porcelain-on-steel dry-erase board (4' x 8'), with a bottom
shelf, which can also be used as a projection screen.
b. Provide a wall mounted bulletin board (4' x 8').
c. Provide space for a bookcase approximately 4' x 6', shelves are to be adjustable.
d. Provide five (5) 3-plex jacks, two (2) for phones, six (6) for computers and one (1)
for fax.
7.6 FIRE PREVENTION / POLICE STOREFRONT OFFICE:
a. Provide office with a minimum of 360 square feet with the ability to house four (4)
workstations with computer.
b. Office to have two (2) entrances and designed to be divided with a wall at a later
date.
16
c. Offices to be near entrance to station.
d. Location to be accessible to the public and not interfere with suppression
operations.
e. Offices to be provided with sufficient computer and telephone outlets to provide
for future room division.
f. Provide an ADA bathroom with shower facility and lockers for four (4) personnel
of approximately 120 square feet adjacent to offices and front entrance of the
station.
g. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
h. Provide four (4) 3-plexjacks.
7.7 MAIN ENTRY DOOR:
a. The main entry door and entry area shall be located next to the offices and near the
ADA bathroom.
b. Provide a counter for public near front entry.
c. There shall be a wall-mounted bronze dedication plaque similar to Fire Station No.
3. See allowances.
7.8 DAY ROOM:
a~ The day mom of approximately 600 square feet shall be large enough to house the
number of crew (10) assigned to the station in large chairs (Consider platform
theatre-type seating).
b. Room is to be separate from the kitchen and dining area.
c. Provide built-in cabinet space for a 36" TV, videocassette recorder, DVD Player,
and Cable T.V. box with access to a double duplex outlet. This unit may be
designed with shelving for books. Wiring for surround sound shall be included.
d. Floor is to be carpeted in this area.
e. Provide one (1) 3-plexjack.
7.9 KITCHEN AND DINING AREA
a. The kitchen and dining rooms may be designed together or considered separate.
The dining area shall be a minimum of 192 square feet. The kitchen shall be a
minimum of 300 square feet. If the two are to be open to each other sufficient wall
space will be considered to allow adequate cabinets for storage. Consider a food
preparation island with sink, electrical, and storage. To be approved by the City.
b. Provide table area capable of seating twelve (12) personnel in dining area.
c. The floor of both areas are to be porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete.
d. Provide place for 32-gallon trash receptacle and recyclables in kitchen/dining area.
e. Towel dispenser 'shall be located in a convenient area closest to each sink
compatible with city standards.
17
f. Provide area for commercial type coffee maker.
g. Cabinet Space / Storage Space:
1) All cabinets shall be W.I.C. Custom Grade.
2) The sides, bottoms, backs, and doors are to be 3/4" exterior glue plywood
Formica laminated on all exposed sides. The top is to be 3/4" ply as a backing
for counter top. Shelves shall be 3/4" exterior rated ply covered on both sides
with laminate, edge faced with 1 1/4" banding, and be adjustable. No
particleboard with melamine.
3) Doors are to be installed with stainless steel Rockford Process Control hinges,
851 overlay brushed stainless steel. Pulls are to be stainless steel wire pull type.
4) All cabinet exposed surfaces shall be plastic laminated material.
5) Provide three separate pantries, each pantry is to have individual lock and key,
the minimum size of each pantry is 2' x 2' x 8', with adjustable shelves.
6) All cabinets over 18" deep shall have pullout shelves.
7) Provide cabinets over the kitchen counter to assure adequate storage space for
dishes and food.
8) Base cabinet counter tops shall be 37 1/2" high with drawers on heavy-duty
glides. Cabinet space shall be maximized to provide adequate storage for
utensils, pots, pans, and food.
9) Provide a solid surface (Corian type) kitchen counter with full back splash to
bottom of upper cabinets and a built-in double sink. Sink to be bottom mount
g4 finish, 14-gauge bottom coated. Dimensions: 34" total width, each sink 17"
x 14" x 10" depth; sink to have a one (I) hole, single handle control with
integral pullout spray attachment. Provide a heavy duty (minimum 3/4
horsepower) stainless steel garbage disposal.
10)provide reverse osmosis drinking water system with countertop dispenser.
System to be approved by the City.
11)Provide dishwasher and provide space and all connections. Washer shall be
installed to allow for its removal with finished floor. Dishwasher model to be
approved by the City.
h. Wall and Floor Surfaces
1) Walls shall be covered with a maintenance free wall coveting material with a
gloss surface.
2) A stainless steel wall surface is required adjacent to the range-cooking surface.
3) Floors shall be covered with a porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete.
i. Refi'igerators:
1) Provide space, water supply, electrical outlets and ventilation for three (3)
Energy Star Model, 25 cubic foot refrigerators or equivalent commercial
refi-igeration to accommodate ten (10) people on three (3) shifts.
18
2) Refrigerators to be approved by the City.
j. Gas Range and Oven:
1) Provide a 60" wide Viking heavy-duty gas range w/th two (2) ovens and rear
shelf unit.
2) Rear walls shall be covered in stainless steel.
3) Stove to be adjacent to cabinets with adequate protection.
k. Range Hood:
1) A matching Viking stainless steel, hood for 60" range shall be provided.
2) Range hood shall include two (2) lights, a two-speed, roof-mounted exhaust fan
with a 3/4 HP motor capable of proper CFM, and removable, washable
stainless steel filter screens. Shall conform to Health Code, U.B.C., U.M.C.,
and N.E.C. as adopted by the City and County of San Diego.
3) Provide two (2) open upper cabinet space (shelves) and electrical outlets for
two (2) 1.5 cubic foot microwave ovens
1. Provide one (1) 3-plexjack for each room.
8.0 SLEEPING AREAS (All dimensions are in the clear.)
Sleeping areas shall be located to minimize disturbance to others when one crewmember is
alerted and responding to emergency incidents. Each room shall be insulated and have sound
battens on adjoining walls.
8.1 Battalion Chiefs Quarters:
a. ll'x l l' with an attached bathroom and shower.
b. The approximate square footage of sleeping area and bathroom is 169 square feet.
8.2 Captains Room:
a. 11' x 11' with an attached bathroom and shower.
b. The bathroom can be shared by two officers if the rooms are adjoining, under the
condition, each officers room will have individual sink.
c. The approximate square footage of both dorms and the bathroom should be 290
square feet.
8.3 All Other Sleeping Areas:
a. Shall be 11' x 11' rooms.
8.4 Lockers are to be provided in each dorm room.
a. Four lockers shall be located in each room.
b. Lockers shall meet standard Chula Vista Fire Department personnel locker
specifications similar to Station #3 (see attached drawing attachment). Locker
towel rack and shelf height to be approved by the City.
c. Provide an inset key lock similar to Fire Station No. 3. Each locker is to be keyed
different with a master key provided to the City.
19
8.5All sleeping areas shall have desks built-in each room.
a. 40" desk units.
8.6Lighting:
a. Provide fluorescent wall mount lighting above each desk, with individual control.
b. The overhead lighting fixture is to be individually controlled from within each
room.
c. Provide an exterior window to provide natural light.
d. At the head of the bed provide one ceiling installed can light to facilitate reading in
bed. Light should have dimmer switch near head of bed. Light choice and location
to be approved by the City.
8.7 Wall mounted adjustable swivel television brackets shall be placed in each dorm room
with cable and electrical outlets provided.
8.8 Provide one (1) 3-plex j ack for each room.
9.0 BATHROOMS
9.1 Bathrooms of approximately 480 square feet shall be provided to accommodate
separate male and female occupancy.
9.2 At least one bathroom shall meet ADA Requirements for public and staff.
9.3 Provide a shower, a sink and a commode per each two (2) engineers or firefighters.
9.4 If partitions are to be used, they shall be Phenolic or sohd plastic type, with stainless
steel hardware, and no metal partitions.
9.5 Showers:
a. Showers shall be 36" x 40", in the clear with rain-glass shower doors, with
individual drying enclosures which will be contiguous with their respective
showers. The enclosure will have a folding seat with phenolic seat and stainless
steel frame, as Bobrick B5191, a double stainless steel hook, and two (2) 24" towel
bars, Bobrick B205.
b. The drying area shall have a door.
c. Showers are to be hot-mopped in or have a solid terrazzo or equal pan.
d. The tile at the shower area is to be epoxy grouted.
e. Provide one (1) inset tiled area (approximately 14" x 14") or two (2) comer
shampoo bottle dishes.
f. Showerhead plumbing shall be 6' 4" high on wall.
9.6 Lavatory Sinks:
a. To be mounted on 37 I/2" cabinets, solid surface (Corian type) counter tops with
built-in solid surface sinks.
b. Mirror will be constructed with a stainless steel flame, as Bobrick B290, call out
varies with size, minimum 2' x 2'.
c. Install 24" stainless steel towel bar.
20
d. Sinks and faucets to be approved by the City.
9.7 Soap Dispenser:
a. A liquid soap dispenser shall be provided for each lavatory.
b. Liquid dispenser to be compatible with soap now being used by the fire
department.
9.8 Towel Dispenser:
a. Towel dispenser shall be located in a convenient area closest to each sink.
b. Towel dispenser to be compatible with other existing fire department towel
dispensers.
9.9 Toilets:
a. Commodes shall be commercial quiet flush toilet (tank type) and be enclosed by
walls or partitions.
b. Partitions shall have a double roll toilet paper dispenser, shoreline 830, and toilet
seat cover dispenser.
c. Toilet to be approved by the City.
9.10 Floors are to have floor drains and be finished in porcelain ceramic tile with minimal
dark grout lines or sealed colored concrete.
9.11 The walls'are to have tile wainscot to 4'.
9.12 Each shower and toilet shall have a separate fan. Bathroom fans to be on separate
timer switches.
9.13 No plumbing or towel dispensers shall be installed on or in walls adjacent to dorms.
Any plumbing that intersects the concrete slab shall be sleeved to prevent possible
damage.
9.14 Bathroom tile to be mounted on wonder board or cement with thin set, no mastic.
9.15 Counter tops shall be solid surface (Corian type) or a similar material and to be
approved by the City.
10.0 EXERCISE / PItYSICAL CONDITIONING AREA
10.1 An exercise room or physical conditioning a~ea shall be provided in the fire station.
10.2 Exercise room shall be a minimum of 665 square feet and be provided with windows,
and have HVAC.
10.3 Provide ceiling fans.
10.4 Provide "HAWS" cold-water drinking fountain.
10.5 The walls will be backed with a minimum of 1/2" ply with drywall covering, and have
'~ backing to mount burden equipment.
10.6 The floors shall be on concrete or have double 3/4" plywood and covered with robber
flooring.
10.7 Flooring to be approved by the City.
21
10.8 Provide wall mounted adjustable television bracket, 20" max. with cable and electrical
outlets.
10.9 Location to be determined by the City.
10.10 See alternates for full-length mirrors located at walls near equipment.
11.0 STORAGE ROOMS
11.1 Provide as manY moms as possible to best utilize space.
11.2 At minimum there shall be two (2) supply closets and one (1) storage room of
approximately 100 square feet accessible from the exterior for yard care equipment,
lawn mower, and tools, including gasoline storage.
12.0 PATIO
12.1 Provide a private patio with gas outlet for a barbeque, a 5' privacy wall and drainage
as necessary.
12.2 Provide roofing membrane at patio.
13.0 FUEL DISPENSING SYSTEM
13.1 Above ground 1000 gallon fuel tank and pump for diesel and 500 gallon fuel tank and
pump for gasoline shall be provided and shall comply with all current Federal, State,
County, and Local requirements and be UL approved.
13.2 The fuel dispenser shall be located in a place with minimum visibility and access to the
public. Location of dispenser should not impact the station sleeping areas due to noise
and vehicle lights. Compatible with current city fuel key system.
13.3 Provide a 20' retractable hose, which connects from the nozzle to the fuel dispenser.
The nozzle shall have an automatic shut off feature.
13.4 Provide an emergency shutoff switch in an approved location, clearly visible fxom the
refueling area.
13.5 Outside lighting shall be provided in the refueling area.
13.6 A hose bib or other water supply shall be provided in the refueling area.
14.0 STAND-BY GENERATOR
14.1 A diesel-fueled stand-by generator shall be provided for continuous standby service.
14.2 Fuel will be utilized from a day tank mounted on the generator and/or automatically
refilled fi.om the above ground diesel storage tank. Pumps and controls shall be
provided to keep the day tank filled and sufficient check valves are needed to maintain
a prime at the generator engine.
14.3 A trickle charger shall be installed to maintain proper charge of generator batteries.
14.4 The stand-by generator shall operate the entire station.
14.5 Provide an automatic transfer switch at generator.
14.6 The generator and its engine shall comply with the most current Federal, State, County
and Local laws, regulations, standards, and codes. The engine shall be carbed certified,
and meet all EPA standards.
22
15.0 GENERAL PLUMBING
15.1 Toilets shall be floor mounted with water saving flush valves.
15.2 The restrooms shall have floor drains with trap primers. Primers are to be solid brass
or bronze, no plastic parts, and are to be finished in inspection panels.
15.3 Hose bibs on front of the station shall be installed with box housing and be loose key
type. Hose bibs inside secure rear station areas shall be exposed and have operating
handles.
15.4 Plumbing walls should have 2" x 6" studs.
15.5 All hot water pipes are to be insulated. Hot water should have circulation systcnn with
timer control for continuous hot water.
15.6 All angle stops are to be ball-type.
15.7 Shower valves are to be compatible with City plumbing standards with integral stops
and to be approved by the City.
15.8 Kitchen faucet single hole faucet with pull out sprayer, compatible with City standards
and be approved by the City. Kohler sinks with Chicago faucets.
15.9 Lavatory faucets are to be single handle and compatible with City standards and be
approved by the City.
16.0 GENERAL ELECTRICAL
16.1 Switches, panels and breakers shall only be Square D.
16.2 Outside lighting shall be divided into zones, with timers, photoelectric cells, sensors
and switches to provide for energy conservation. Lighting shall be provided as needed
to illuminate the general surrounding area of the fire station.
16.3 Cost of replacement bulbs, and compatibility with existing fixtures used by the City
shall be considered in selection of fixtures.
16.4 Flexible conduit should only be used to connect motors and for lay out of fixtures.
16.5 All receptacles and switch boxes shall be 4" x 4" x 1 1/2" with mud tings.
16.6 Telephone systems, computer systems, radio communications, and cable television
systems shall be designed in the building development.
16.7 Computer systems shall be on dedicated circuits.
16.8 Use stranded conductors for all feeders and branch circuits.
16.9 All wall switches shall be commercial grade, heavy duty, 20-amp, 120v/277v and
duplex receptacles shall be commercial grade heavy duty, 15-20 amp 120v/277v.
16.10 Wall plates shall be non-breakable nylon or stainless steel.
16.11 Use standard light fixtures where possible and no incandescent lamps.
16.12 Provide wire markers on each connector in the pull panel, pull boxes, and junction
boxes. Label the inside of all cover plates and junction boxes with the appropriate
circuit number.
16.13 Connect all wiring device grounding terminals to outlet box with bonding jumper.
23
16.14 All other wiring to be concealed in EMT or rigid conduit.
16.15 Plenum rated cable to be used.
16.16 Run printer area one (1) 3-plexjack.
17.0 TRASIt ENCLOSURE
17.1 Adequate enclosed space shall be provided for trash, recycle material and garbage
containers 8' x 5' x 6' high minimum.
17.2 Provide a hose bib at trash enclosure.
17.3 Provide one (1) 3-plex jack at mn ticket printer area.
17.4 Provide a power outlet at this location.
18.0 ATTACHMENTS
18.1 Dormitory Locker Design (Similar to CVFD Station #3)
18.2 Safety Clothing locker specifications.
24
Fire Station #3 Locker Plan
Top 4" Panel
All measurements
1' High are interior measurements
2' 5 1/4"Width
1' 8" Deep
Clothes Bar
Adjustable
Shelf Mirror
1'x2'2"
Adjustable
Shelf
1'21/4" I 1/4' x4" x 16"
Wide Shelf
1'
Deep I I
Adjustable
Sheff J J
18" Towel Bar
1'3"
Minimum of 30"
Wide Clearance to
1' Deep bottom of door
Built-in
Shelf
1' 2" High
1' 4' Deep
Bedding Drawer
1' 1" High
1' 10" Wide
1' 11" Deep
Kick Panel
Locker Door
Locker
25
Safety Clothing Locker Drawing
Ail dimensions should be in the clear
16" High
24" Wide
· 24" Deep
9" High
24" Wide
24" Deep
Clothes hanging bar
64" High
24" Wide
24" Deep
4" Kick Plate
H:~ADMIN~Building and Park ConsU-uction~Fire Station #7\CVFD Program. mfr.doc
26
Attachment B:
Sample Design/Build Contract
NOTE: The attachment is the City ofChula Vista's generic two party design build agreement. It
will be modified slightly to reflect the RFP requirement related to scope and establishment of GMP.
Exceptions are to be clearly noted in the RFP response in writing, refemng the page and paragraph
number. Section 9.0 Insurance (and indemnification), pages 12 through 15, is the City's standard
insurance and indemnification policy and is not open for negotiation.
21
ATTACHMENT B
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this day of ,2002, by
and between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation,
and . ("Design Builder or D/B"). City and D/B are
sometimes hereinafter referred to as Parties ("Parties").
WLo L 'JL U
WHEREAS, the project, Fire Station No. 7, is a new facility to the City, and
WHEREAS, the City of Chula Vista in an on-going effort to expand the services to
the community has planned for this Fire Station No. 7 located in the Otay Ranch area of the
City.
WHEREAS, on (date) an RFP (Exhibit 1) was circulated
for a design builder to design and build Fire Station Ne. 7 based upon preliminary designs
which had been previously prepared; and
WHEREAS, on (date) the City received three bids in response
to the RFP; and
WHEREAS, all three respondents were interviewed and based upon the RFP
response (Exhibit 4) and interview, Design Builder was selected as the respondent who
best met the design, monetary and time criteria of the project with whom City could
negotiate an agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed by D/R
1.1 In accordance with the terms set forth in this Agreement and the RFP for the
Fire Station No. 7 project, D/B shall design and construct for the City:
a completed and fully functional 12,000 square foot 4-bay fire station
(referred to hereafter as "Project") including the facilities and site-work
required to provide fire service to the eastern territories of the City.
The fire station shall include, but not be limited to all components
outlined and described in the attached document titled "Program of
Facility Requirements: (Attachment A). Fire Station No. 7 is located
at the southeast corner of La Media Road and Street A in Village 2 of
1
J:\BPC\Construction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
Otay Ranch in eastern Chula Vista (please see Attachment E). By
end of 2002, the project site will be graded and ready for on-site
improvements and building construction.
1.2 The services to be provided by D/B are generally to be performed in 3
"Phases"; the services to be provided in each Phase are specified elsewhere
in this Agreement.
1.3 The D/B shall: ~ ,~,~ j~ F~~
1.3.1 Perform a~s~--i~/~-~ la~ln~-Iigations as described herein for
the not to exceed Guaranteed Maximum Price ("GMP") of
$ which shall include Design Services and all Hard
Construction Costs necessary to provide a fully completed and
functional Project including, but not limited to, the cost for all labor,
equipment, material, and the D/B Fixed Fee which includes fees and
expenses of any type, including all expenses under this Agreement,
associated with completing the Project, whether on-site or off-site,
any reimbursable cost (as defined in {}11). Any costs incurred by
D/B in excess of said GMP shall be the sole responsibility of the
D/B, unless a Change Order is approved by the City pursuant to
Sections 7 and 12 of this Agreement.
1.3.2 Achieve "Final Completion" (as defined in {}14.2) no later than 125
calendar days from receipt of notice to proceed with Phase II
services.
Section 2: General Obliqations of City
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
ordedy progress of D/B's services per the Project Schedule attached
as Exhibit 2;
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the ordedy progress of
D/B's performance per the Project Schedule attached as Exhibit 2;
2
J:\BPC\Consffuction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. City does not warranty
to D/B the accuracy or completeness of any such information.
- 2.1.5 Cooperate('~h,/~/l~l~.~:~i~in~'~rocessing and securing required
permits, lic~,,/~ ~r~i~s~tio~'~.n a timely fashion; however, this
duty to co~e'~t~_~s~ ~iot Ir~P,~ve! D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 14.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 14.2.
2.2 City Review Process. City shall review Design Development Drawings
(DD's), 50% Construction Drawings (CD's) and 100% Construction Drawings (CD's) which
shall allow construction of Project in conformity with the RFP for Project. For each D/B
submission, City shall have 5 working days to review, approve, conditionally approve or
deny.
Section 3: General Obligations of D/R
3.1 D/B shall be obligated as follows:
3.1.1 At all times in performing its services under this Agreement to design
.and deliver the best possible Project consistent with standard of care
~n Section 3.3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the Project Schedule, Exhibit 2, and in such a
manner that the GMP or Contract Time of the Project shall not be
exceeded, but if D/B reasonably believes that any action, inaction,
decision or direction being made by City or agent for the City will
likely result in the GMP or Contract Time being exceeded or the
3
J:\BPC\Construction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
Project being completed late, D/B will notify City at Project Team
meeting and in writing within five (5) calendar days of discovering
such action, inaction, decision, or direction. Included in such notice
will be an estimate of the rough order of magnitude and time impact
resulting from such action, inaction, decision or direction. D/B shall
provide complete and accurate pricing within 10 days of said
discovery. ~, / ~
3.1.3 Perform' o~¢a~n,~,~ ~ ,~vlctt~;onsent of the City to subcontract
all design ~~J~de ~ utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified in
Exhibit 4. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City. The fact that the City approves
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under the Agreement;
3.1.4 Perform all construction on the Project utilizing Subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Complywith the California Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national odgin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. D/B shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as of the date of this Agreement. However,
the City recognizes that Governmental Requirements and their
interpretations by governmental officifils ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
4
J:\BPC\Oonstruction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 12. Nothing contained in
this paragra~jDh shall relieve D/B of its obligations to modify the
Project at ~/o/~.~ ~t~i~'~[-~vh~ D/B has failed to construct the
Project in ~i~ ~ plig, r~/~v~/i ,t~t~b~,r.~fnentaI Requirements applicable
as of the
3.1.8 Control dust and noise in accordance with the provisions in Section
7-8.1 of the 2000 Edition of the Standard Specifications for Public
Works Construction, City Ordinances and this Agreement;
3.1.9 Use reasonable care to avoid damaging existing buildings, equipment
and vegetation adjacent to the Project Site. If D/B causes damage to
any of this property, D/B shall replace or repair said property at no
expense to City and shall not be a basis for seeking an adjustment to
the GMP or Contract Time. D/B agrees to indemnify City for any and
all fines, penalties, liabilities, cost imposed upon City, its officers,
employees and agents as a result of this Project.
3.1.10 To obtain all permits necessary to complete the Project. City shall
pay cost of permits. D/B shall be responsible for obtaining and
paying for all permits normally obtained by the trades or
subcontractors.
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA").
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) design development (2) 50%
construction drawings and (3) 100% construction drawings. Said
approval shall be evidenced by written notice to proceed with the
subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact on operation of the Project. Provide cost estimate to the
City with 100% Construction Documents.
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3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, D/B shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 11.2.
3.2 D/B agrees to fully {~e~l~'~nc~sts associated with such r sks, in
performing the ser~ces ~anu~ h~elet, k~§ Ith~rebligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within 5 days
of discovery if D/B believes it has uncovered or revealed a
condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 12. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within 10 days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.17.
3.2.2 Third party litigation arising from the Project for which D/B is not
responsible.
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3.3 D/B 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. Compliance with this section by D/B shall not in any
way excuse or limit D/B's obligations to fully comply with all other terms in this Agreement.
3.4 D/B warrants that at least one member of the D/B team shall be licensed by
the California Contractor's State License Board as a General Building Contractor. D/B isto
provide a list of the responsible p~l~i~c~@~-~'~g~tions perform ng services, wh ch
shall include their qualifications ~)~)~~T~,~'~rovaI by the Cty prior to start of
construction. City and D/B shall ~bj)4be~' who shall remain on the Project
until Final Completion. If any such "key personnel" leave the employment of D/B, City shall
have the right to approve the replacement personnel. D/B shall comply with all licensing
requirements of the State of California, County of San Diego, and City of Chula Vista.
3.5 D/B shall cooperate with City in obtaining Environmental approvals and/or
permits.
3.6 D/B agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or delays resulting
from or associated with additions or modifications implemented without the written
authorization of City Representative shall be borne exclusively by D/B and not be grounds
for an increase in GMP or Contract Time unless necessary to protect public health, safety
or property.
3.7 D/B agrees and acknowledges that City is actively soliciting in-kind gifts and
donations of material and supplies for the Project. D/B agrees that a deductive change
order shall be issued for the fair market value of any materials and supplies received
through donation or in-kind gift and reasonably estimated savings in labor costs. City
understands and agrees there will be no deduction for overhead and profit associated with
any deductive change order resulting from receipt of an in-kind gift or donation.
Section 4: Desiqn Phase Services - Phase I
4.1.1 D/B shall Develop and Implement Project Management Plan and
· Procedures including:
4.1.1.1 Project status reports
~. 4.1.1.2 Coordination/interface with the City and 'its other
consultants/contractors
4.1.1.2.1 Initial Design kickoff meeting to be held within 5
days of the Effective Date of Agreement.
4.1.1.3 Biweekly Progress meetings
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4.1.1.4 Interface and communications with other agencies
4.1.1.5 Vendors and subcontractors management
4.1.1.6 Document control
4.1.1.7 Schedule and budget control
4.1.1.8 ~~ -~?~,~ uality control
4.1.1.9 phase the Consultant will be
required to provide scheduling and cost control reports
monthly.
4.1.2 Utilizing the 1997 Edition of the Standard Specifications for Public
Works Construction, 1997 Edition of the Chula Vista Standard Special
Provisions, 1997 Edition of the Regional Standards, 1997 Edition of the
Chula Vista Construction Standard, the City's facility program, performance
and design criteria, concept drawings, and reports attached to the RFP and
incorporated herein by reference, DB shall:
· 4.1.2.1 Prepare construction drawings and specifications suitable
for obtaining City-approved permits and to allow
construction. Packaging of the Project into several
construction contracts, may be appropriate. Preparation of
technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
4.1.2.2 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, landscape, and specialty consulting
areas.
4.1.2.3 Evaluate alternative structural and construction approaches
to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements.
4.1.2.4 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design. The survey information provided
by the City is preliminary in nature and may not have
sufficient accuracy or scope to support final design.
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4.1.2.6 Furnish support to a City constructability review team at the
80 percent design completion stage. Incorporate the
results of this review into the design.
4.1.2.7 Provide updated construction cost estimates monthly dudng
the design to support VE and constructability reviews.
4.1.2.8 P~O'lCa',~¢~'~dlr~jbl pg~ticjr~Manual~,, --,,~ ~. ~t_ to serve as the basis for
prk~_~Lj~ fnlL~] ~'l~erations Manual during the
construction phase.
Section 5: Construction Phase Services - Phase Ih
The DB shall construct the facility in accordance with City-approved plans
and specifications prepared by the DB to meet or exceed all requirements of
the City provided program, schematic design and the performance criteria.
The DB shall:
5.1.1 Conduct contractor meetings, as necessary, to provide technical
input.
5.1.2 Provide interpretation of technical specifications and drawings.
5.1.3 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
5.1.4 Provide list of required shop drawing submittals. Review shop
drawing submittals for technical compliance and forward copy to City
for review.
5.1.5 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
5.1.6 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
5.1.7 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed from the City and extending
through issuance of Notice of Completion and Acceptance. City
staff will perform inspections to verify compliance with the plans,
specifications and contract documents.
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The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents·
5.1.8 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordanc_~.wjt~ Fal~i~ab'l~qlaws re u at ons and code
· . .~ l~,l .g . ,. . s,
,nclud,ng, ~L~U~,n(At ¢i~¢j~ ~,~]t~-e-~i~:~0 Americans w,th D,sab,l,t,es Act
[ADA] an~__~j~ i~i~L~ .------~f Regulations [Bu ding Code] as
defined in Section 18910 of California Health and Safety Code [Title
24]. The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
5.1.9 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
5.1.10 The DB shall be responsible for preparing the Critical Path Method
(CPM) schedule utilized during the project construction and startup
activities· Use Microsoft Project scheduling software consistent with
the City reporting system.
5.1.11 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation
5.1.12 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
5.1.13 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
5.1.14 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system
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Section 6: Operation/Startup Phase Services - Phase Ill
6.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and 'resting Plan for the Project.
6.1.2 The DEl shall conduct Operator Training Sessions for facilities.
6.1.3 The DB sh~dl su.o.e~x¢,s~a,a~aae~and coordinate all project startup
and testin~,t!/~t{~'~f~.rEI, i~[~ls~r..~. 'rt safety and other mechanical
systems ,wm~l~ f~re project Contract Documents
6.1.4 The DEl shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
6.1.5 The DB shall report to the City all guarantee/warranty disputes, lhe
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
6.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that material and equipment incorporated in the
Project will be new, unless otherwise specified, and that the Project will be of good quality,
free from faults and defects, and in strict conformance with the Construction Documents
and in accordance with Section 20.
Section 7: Additional Services
7.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if authorized
in writing, in advance, by City and after complying with Section 7.3. The City may propose
changes to the Work of a subcontractor after the bid has been awarded. In the event of a
change of this nature, D/B will estimate the cost of the Change Order, assist City in
developing drawings and specifications as necessary, solicit a revised bid, negotiate with
the subcontractor, present a recommendation for a Change Order to City, and implement
construction as approved by City.
7.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid 3% of such
costs as the D/B Fee.
For additional services, which result in an extension of the Substantial Completion date,
D/B shall be paid a fee equal to the number of working days the Substantial Completion
date is extended multiplied by the daily proration of the general conditions fee included
within the GMP.
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7.3 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services indicating
that D/B intends to seek additional compensation beyond the D/B Fixed Fee. Furnishing
advance written notice shall be a condition precedent to being able to seek additional
compensation from City.
Section 8: Bonds
8.1 D/B shall furnish p~,,r~/~/a~ ~a~/~nt bonds with the names of the
obligees designated as the City '~qr~d~se[ f~Prh~below, as security for the faithful
performance and payment of all D/B's obligations under the Agreement. These bonds shall
remain in effect at least until thirty (30) days after the filing date of Notice of Completion,
except as otherwise provided by law or regulation or by this Agreement. D/B shall also
furnish such other bonds as are required by this Agreement.
8.1.1 The performance bond shall be in the amount of 100% of the GMP.
6.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
8.2 All bonds shall be in the form prescribed by City and by such sureties which
are admitted insurers in the State of California and are subject to regulation by the
Department of Insurance, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or
regulations. All bonds signed byan agent must be accompanied bya certified copy of such
agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
8.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project
is located, D/B shall within seven (7) days thereafter substitute another bond and surety,
which must be acceptable to City.
8.4 Bond premiums are a Reimbursable Cost for which the D/B will be
reimbursed, without markup, pursuant to Section 14.2.
Section 9: Insurance
9.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
9.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the D/B, his agents,
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representatives, employees or subconsultants. All subconsultants sha~l be required to
comply with the applicable insurance provisions. The maintenance of proper coverage is a
material element of the contract and that failure to maintain or renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
9.3 Minimum Scope of Insurance
9311 / 11 v _lIWILl / r
· . . I~-s~br~'~ides~fC;Se Commercial General Liability
coverage (occurrence Form CG 0001 ).
9.3.1.2 Insurance Services Office Form (G0009 11 88 Owners
and Contractors Protective Liability Coverage Form-
Coverage for Operations of Designated Contractor).
9.3.1.3 Insurance Services Officer Form Number CA 0001
covering Automobile Liability, Code I (any auto).
9.3.1.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
9.3.1.5 Errors and Omissions.
9.4. Minimum Limits of Insurance
9.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
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9.4.1.1 General $1,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations,
products and Liability Insurance or other
completed form with a general
operations.) aggregate limit is used,
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
9.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
9.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease.
9.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
9.5 Deductibles and Self-Insured Retentions
9.5.1 Any deductible 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 D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
9.6 Other Insurance Provisions
9.6.1 The general liability policyshall contain, or be endorsed to contain,
the following provisions:
9.6.1.1 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
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respect to liability arising out of work or operations
performed by or on behalf of the D/B including materials,
paris or equipment furnished in connection with such
work or operations. General liability coverage can be
provided in the form of an endorsement to the D/B's
insurance, or as a separate owner's policy.
9.6.1.2 ~ ~a~/~'[a~nr~'t~te~-~ th~s project the D/B's insurance
~nsurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
9.6.1.3 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 Sections 2782 of
the Civil Code.
9.7 Verification of Coverage
9.7.1 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 City 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.
9.8 Subcontractors
9.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
insureds under its policies.
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9.9 Cooperation. The D/B and its Contractors shall cooperate fully with and
provide any information or records requested by the City or regarding all aspects of the
insurance and project, including but not limited to claims, audit, payroll, insurance records
and safety. Delays in reporting information to the City may result in delays in progress
payments to the D/B.
9.10 Prior to.beginning Work under, the Agreement, each and every Contractor of
any tier shall fumish Certificates 6;j~n~'-~f~'~ ~s~f~ac[~-¢3 to the City. All such Certificates
will contain at least the following~,'~9,~Cs~,~iI I I ~)~
%V/L LIL/I IIj L I½
9.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
9.10.2 The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the Certificates.
9.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with a
carrier or carriers authorized by the California Insurance
Commissioner to do business in the State of California, any policies
required by this Agreement.
9.10.4 Any insurance provided for this project shall be written through an
insurer with an A.M. Best Rating of not less than A:V. Any
exceptions are at the sole discretion of the City and subject to
wdtten approval of the City.
9.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section 10: Inspection
10.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any reinspections. The City shall
either perform said inspection services with its own forces or contract with third parties. It
shall be the responsibility of D/B, however, to call for, coordinate and schedule all
inspections.
10.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. D/B shall provide them proper and safe
conditions for such access and advise them of D/B's safety procedures and programs so
that they may comply.
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10.3 City will make, or have made, such inspections and tests as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements
of the Construction Documents. Unless otherwise specified, the cost of such inspection
and testing will be borne by the City. In the event such inspections or tests reveal non-
compliance with the requirements of the Construction Documents, D/B shall bear the cost
of corrective measures deemed necessary by City, as well as the cost of subsequent re-
inspection and re-testing. Neither observations by the City nor inspections, tests, or
approvals by others shall relie,,¢~/~ f'~m~ ~ ~.~ations to perform the Work in
readiness of the Work for all req~U~ ~f-~t~fnspections, tests, or approvals and
shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice
for off-site inspection.
10.4 City has the right to stop or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, or which will interfere with
the inspection or testing activities, for a reasonable time and D/B will have no dght to
additional cost or time it may incur as a result of the Work stoppage.
Section 11: D/B GMP for Services and Reimbursements
11.1 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("D/B GMP") $ . That portion of the
D/B GMP earned with each Phase of the services is listed in Exhibi~ 3. Unless otherwise
expressly provided in this Agreement, D/B GMP shall include full compensation for all costs
of any type incurred by D/B in performing all services and obligations under this
Agreement, including but not limited to the following:
11.1.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
11.1.2 Estimating, value engineering and construction management;
11.1.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other D/B personnel wherever located;
11.1.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
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ATTACHMENT B
and accounting equipment, office space, trailers, field equipment and
storage facilities;
11.1.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the D/B exceed 90% of the fair market value of any one
ece of eguipment or Small Tools. At City's option, the
I! ,/~i~l~~ or Small Tools may be paid, and
~i~y~.~r~C/~.c~ion upon completion of the Work.
11.1.5 All home-office and field overhead costs of any type including
document control and retention;
11.1.6 All business license costs;
11.1.7 All profit D/B intends to earn under this Agreement.
11.1.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 11.2.
11.2 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
11.2.1 Any other reimbursable cost expressly provided for elsewhere in this
Agreement.
11.3 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete this
Project or fund this Agreement. As more fully provided in Section 24, the City may
terminate this Agreement for any reason, including but not limited to, if City Council fails to
appropriate sufficient funds or is unsuccessful at obtaining long term financing.
Section 12: Chanqe in GMP and Contract Time
12.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
12.1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 7.
12.1.2 For reasons expressly provided elsewhere in this Agreement.
12.2 The following procedure shall be followed for the issuance of Change Orders:
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12.2.1 O pon the occurrence of any event that gives rise to a Change Order,
D/B shall give the City notice of the same with 5 days. D/B shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
12.2.2 Unless otherwise directed by the City Representative in writing,
before pr ,o~e~eo'~/LqJ-Y~i~ ~-"~h~-~e Order work D/B shall promptly
provide th~'~l~!-~ I~:~t[ail~3'and complete estimate of cost
impact as~:~l I~ ~e ~-~'Fn~c~ Order, ,nclud~ng all appropr, ate
direct and indirect costs and credits. All such costs and credits
shall be accurately categorized into D/B Fixed Fee, Reimbursable
Costs or Hard Construction Costs.. D/B shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
12.2.3 Upon submission of the detailed estimates by the D/B, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
D/B to proceed with the subject services and/or work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services and/or work. These records shall be
submitted to the City and shall become the basis for continued
negotiations between the Parties for an equitable adjustment to the
GMP and/or Contract Time.
12.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 31. D/B shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
12.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 13: Payment Terms
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13.1 D/B shall submit certificate and application for payment to the City for Phase
services as follows:
13.1.1 $12,000 upon completion of one-half of the Phase I Services as
determined by the City.
13.1.2 the City.
$12,000 upon completion of all Phase I Services as determined by
13.1.35,0004 U~:~U'~'?n [~' 'P-hase' ' - Il Services for contract
administration.
13.1.4 In the event City solicits and/or approves Design Documents that
materially differ from the Designs called for in the RFP,
compensation shall be set pursuant to provision for additional
services set forth in Sections 7 and 12.
13.2 D/B shall provide all Phase II and III services for the Phase II and III GMP.
D/B shall submit certificate and application for payment to City on or before the 5t~ day of
each calendar month for Phase II and III services. The monthly payment application shall
be based upon the percentage of completion of the Schedule of. Values plus any
Reimbursable Costs, less any payments previously made by the City and subject to the
receipt of unconditional lien releases for all prior payments and if the invoiced amount is not
disputed by City, it shall pay D/B ninety percent (90%) of payment application based upon
the percentage complete of the Schedule of Values and 100% of the reimbursable costs
within thirty (30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance.
13.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month payment
application an itemization of all such Reimbursable Costs actually incurred by D/B, during
the previous month. If requested by the City, D/B shall provide all backup documentation
supporting such Reimbursable Costs.
13.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with
each monthly application for payment an itemizat on of all Hard Construction Costs actually
incurred by D/B during the previous month.
13.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject to the
receipt of unconditional lien releases for all prior payments and if Additional Services are
not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty
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(30) days of receipt of fully complete invoice. City will withhold the remaining 10% as
security for D/B's full performance.
13.6 Subject to Sections 13.8, City shall pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 13.2, and 13.5 as part of the "Final Payment" to D/B.
Final Payment will be made thirty-five (35) days after Final Completion.
13.7 The City Manager~'~l~o~D~ rr~,~se of the entire retention for
subcontractors upon completion~~t~_,~;~rk and execution cfa disclaimer
and unconditional final lien relea~y~tl~:~or~tmL~afnL~rl-
13.8 In lieu of withholding retention under this Agreement, at the election of D/B,
City will deposit retention amounts into escrow and/or the substitution of securities for
money as provided in California Public Contract Code Section 22300.
Section 14: Project Completion
14.1 Substantial Completion shall be that stage in the progress ofthe construction
when all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall further
mean that all goods, services and systems to be provided under the terms and conditions
of the Construction Documents are in place and have been initially tested, and are
operationally functional, subject only to final testing, balancing and adjustments and normal
Final Completion punchlist Work.
14.2 Final Completion shall be deemed to occur on the last ofthe following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by
the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of
all documents required to be supplied by D/B to City under this Agreement, including but
not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City
of a Certificate of Completion (Exhibit 5) duly verified by D/B.
14.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the Construction
Documents, all applicable building codes and regulations, all permits, licenses, and
certificates of inspection, use and occupancy, and ordinances relating to the Project.
14.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy of
reproducible drawings. As-Built Drawings are to be accurate and legible records showing
exact location by dimensions, and the exact depth by elevation of underground lines,
valves, plugged tees, wiring and utilities.
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14.5 D/B shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City upon
receipt or generation, which shall include a copy of D/B's filing protocol.
Section 15: Contract Time
15.1 The "Contract Time" shall be the number of calendar days stated in Section
1.3.2 for D/B to achieve Substarff~r~ ~r~,~[ .~ [~ 5~
15.2 "Time is of the ess ~e~"~~&ln~fra, Time and all milestones listed
in the Project Schedule (Exhibit 2).
15.3 The Contract Time may only be changed by a Change Order as set forth in
Section 12.
Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Project Schedule that the increases in the time to
perform or complete the Project, or specified part of the Project, beyond the corresponding
Contract Time arise from unforeseeable causes beyond the control and without the fault or
negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such
causes in fact lead to performance or completion of the Project, or specified part in
question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent
actions to guard against those effects.
15.4 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants, or
subcontractor or supplier shall be deemed to be delays within the control of D/B. No time
extension will be allowed for such delays. An increase in Contract Time does not
necessarily mean that D/B is due an increase in the GMP.
Section 16: Late Completion
16.1 City and D/B recognize that time is of the essence in this Agreement and that
City will suffer financial loss if the Project is not completed within the Contract Time, plus
any extensions thereof allowed in accordance with Section 15.3. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by City if the Project is not completed on time. Accordingly, instead of requiring
any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a
penalty) for each calendar day of delay beyond the time specified for Substantial
Completion of the Project plus 30 calendar days, the following amounts which D/B
expressly agrees are "not unreasonable under the circumstances" as defined in California
Civil Code §1671(b): $100 for each calendar day. Liquidated Damages shall not be
assessed after the date on which Substantial Completion is achieved pursuant to Section
14.
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Section 17: Ri.qht to Modify Work
17.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the Project; these
will be authorized by a written Change Order prepared and issued by City. Upon receipt of
any such document, D/B shall promptly proceed with the Work involved which wil be
performed under the applicable~i~i~l~,s~ .r~, ~ q~truction Documents (except as
otherwise specifically provided).~% ~ //3 !l I~ V,~ II Z/1 L,I ~
17.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 18: Intentionally Omitted
Section 19: Work By Others
19.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take pdodty over the
City Contractors; but the Parties will use their best efforts to coordinate their work so as to
minimize the disruption to each others work and to allow City Contractor to proceed
expeditiously. The work to be coordinated shall include, but may not be limited to, work by
the Natural History Museum and the stocking of the pool.
19.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in writing
any apparent delays, defects, or deficiencies in the City's work that render it unavailable or
unsuitable for such proper execution and results. D/B's failure to promptly report such
delays, defects, or deficiencies in writing before commencement of the affected work, will
constitute an acceptance of the City's work as fit and timely for integration with D/B's Work
except for latent defects and deficiencies in the City's work for which D/B will not be
responsible.
19.3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's performance
of the Project by any other contractor is made against D/B, by City, any other contractor, or
any other person, D/B shall promptly repair and/or resolve said claim at no cost to City.
Section 20: Warranties and Guarantees
20.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work will be
in strict accordance with the Construction Documents and will not be defective. Prompt
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notice of defects known to City shall be given to D/B. All Defective Work, whether or not in
place, may be rejected, corrected, or accepted as reasonably directed by City, provided
D/B shall not be entitled to an extension in Gontract Time or increase in GMP because of
any delay or increase in cost attributable to the rejection, correction or acceptance of said
work. Defective work may be rejected even if approved by prior inspection.
20.2 The warranty pedod shall commence when the Certificate of Final Completion
is issued (irrespective of beneficF-a~Js~ld~6;~t¢~ili~ t~na Completion) and extend one
(1) year after that date or whatev~-r.~l"i'O;/l~l~rl~),~-~ ~Drescrlbed by laws or regulations
or by the terms of any applicable ~ I~"te le~.~,~.r~ific provision of the Construction
Documents.
20.2.1 D/B is to provide any extra material for maintenance at the
completion of the Project, including items such as carpeting, base,
floor tile, ceiling tile, paint, and filters.
20.2.2 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
20.3 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any part of the
Project, is discovered to contain defective work, D/B shall promptly, without any
reimbursement or adjustment in the GMP, and in accordance with City's written
instructions, either correct that defective work, or if it has been rejected by City remove it
from the Project and replace it with work which is not defective. If circumstances warrant it,
including but not limited to, in an emergency, City or D/B may have the defective work
corrected or the defective work removed and replaced, in that event, D/B shall not be
allowed to recover any associated costs, and D/B shall reimburse City for all direct, and
indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to
withhold a setoff against amount recommended for payment, or make a claim on D/B's
bond if D/B has been paid in full.
20.4 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
20.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
20.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
20.5.3 Enforce all warranties for the benefit of City, if directed by City;
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20.5.4 In the event D/B's warranty under section 20.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
20.5.5 D/B shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specializee~[~D~-~,~'-~ h--~elevators escalators, movab e
partitions, ~a,'"Qi~.~J-co~-er~the mited warranty period to Ci
at the expi~Q~e ~¢e~' ~arranty; and
Section 21: Use and Possession Prior to Completion
21.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before taking
possession of or using any Work, City shall furnish D/B a list of items of Work remaining to
be performed or corrected on those portions of the Work that City intends to take
possession of or use. However, failure of City to list any item of Work, shall not relieve D/B
of responsibility for complying with the terms of this Agreement. City s possession or use
shall not be deemed an acceptance of any Work under this Agreement, nor relieve the D/B
of any of its obligations under this Agreement.
21.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession or use.
If prior possession or use by City delays the progress of the Work or causes additional
expense to D/B, an equitable adjustment shall be made in the GMP or the Contract Time,
and the Agreement shall be modified in writing accordingly.
Section 22: Personal Services and Non-Assi.qnab it¥
22.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any
of its rights, duties or obligations under this Agreement except upon the prior written
consent of City. Any such change, assignment or transfer without the prior written consent
of the City shall be deemed null and void and constitute a material breach under this
Agreement.
Section 23: Indemnification
23.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees, consultants,
(collectively herein the "lndemnitees"), from and against all claims, demands, causes of
action, damages, injuries, liabilities, losses and expenses (including, without limitation,
reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising
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in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's
breach of this Agreement, or the alleged negligent acts or omissions of D/B, its architects,
engineers, other professionals and consultants, Contractors, suppliers or anyone directly or
indirectly employed by any of them or anyone for whose acts they may be liable. The
obligations of the D/B under this paragraph for errors or omissions, including those of the
design professional subcontractors, which includes the Design Subcontractors, consultants,
agents and. employees thereof ffDesign Subcontractors"),_ which arse from ,1,( ~ th_e
preparat,on or approval of ma~s~~ ,~-~i~inib-~, reports, surveys designs or
specifications, or (2)the giving of~'~~c~.~,~_-~tions or nstructions shall not be
m ted to the amount of coverage3~i~vq~fbj-~ ti'ie43?n~.ssional liability insurance policy.
If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B
shall have no further obligation for such loss.
23.2 D/B's obligation to indemnify under section 23.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to
the extent that such is the result of the active negligence or the willful misconduct of an
Indemnitee. D/B's obligation to defend under section 23.1, if not covered by the insurance
to be provided on the Project, shall not extend to such claims, demands, causes of action,
damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that
such are caused by the active negligence or the willful misconduct of the I ndemnitee, and
from no other cause.
23.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed officers,
employees, agents and consultants from and against any and all claims, suits, demands,
liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting
or accruing to any and all persons, firms, and any other legal entity, caused by, adsing out
of or in any way connected with the detection, presence, handling, removal, abatement,
capping, subsequent migration of, or disposal of any asbestos or hazardous or toxic
substances, products or materials that exist on, about or adjacent to the jobsite, whether
liability arises under breach of contract or warranty, tort, including negligence, strict liability
or statutory liability or any other cause of action. D/B's obligation regarding asbestos or
hazardous or toxic substances, products or materials shall be limited to the proper removal
within the Project boundaries and the proper disposal of such materials.
Section 24: Right to Terminate and Suspend Work
24.1 Archaeoloqical and Paleontoloqical Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in the
area of the discovery and shall not continue until ordered by City. When resumed,
operations within the area of the discovery shall be as directed by City.
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24.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
24.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this A§reement.
24.2 Termination of A ~r~ ,~,, p~b?,C~'91~r,.~, se. If, through any cause, D/B
shall fail to fulfill in a timely and i~pe8~a~d~r,l~gations under th s Agreement, or
if D/B shall violate any of the co~"s~ehts~r .~t~'~pulations of this Agreement, City
shall have the right to terminate this Agreement by giving wdtten notice to D/B of such
termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. All finished or unfinished documents, data, studies,
drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any
of its agents, Design Consultants or Subcontractors, shall, at the option of the City,
become the property of the City, and D/B 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 amounts payable
hereunder, and less any damages caused by D/B's breach.
24.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
24.2.2 If the cost to complete the Project exceeds the balance which
would have been due, D/B shall pay the excess amount to City.
24.2.3 Rights of City Preserved Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
24.2,4 Any dispute as to the amount due or owed to D/B upon termination
under this section, shall be resolved in accordance with Section 33.
24.3 Termination for Convenience by City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B of such termination and
specifying the effective date thereof, at least seven (7) 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
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property. If the Agreement is terminated by City as provided in this paragraph, D/B shall be
entitled to receive just and equitable compensation for any satisfactory Work completed to
the effective date of such termination. D/B hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
24.3.1 Records and Documents Relating to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records a~.~c~, ~-~'bF&tir~e~- o the terminated portion of this
Agreemer~.~./t~¢,.~ ,~!~tv~.~r~ ~a~final settlement. This includes ail
books an(~~:~e Ih¢~-¢,. ~r, ng on D/B's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
Section 25: Independent Contractor
25.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer or
employee of City. Except as expressly provided in this Agreement, City assumes no
liability for D/B's actions and performance; in particular, but without limitation, City assumes
no responsibility for paying any taxes, bonds, payments or other commitments, implied or
explicit, by or for D/B. D/B acknowledges that it is aware that because it is an independent
contractor, City is making no deductions from the fees for services being paid to D/B and
that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any
type of additional fee or benefits.
Section 26: Independent Judqment
26.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required bythis Agreement, arrive at conclusions with respect to the
rendition of information, advice and recommendations, independent of the control and
direction of City, other than normal contract monitoring; D/B, however, shall possess no
authority with respect to any City decision beyond rendition of such information, advice and
recommendations. D/B shall not have the authority to act as an agent on behalf of City
unless specifically authorized to do so by City in writing.
Section 27: Maintenance of Records and Accounting
27.1 D/B shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type and all
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ATTACHMENT B
services performed under this Agreement. City will have the right at any time, including
during the performance of all Phases of the Project to audit and copy all such records.
Section 28: Ownership of Documents
28.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under th s Agreement
shall be the sole and exclusive p(~ or~:;~O~SLJ'~i~3materials or properties produced
in whole or in part under this ~ec~a..'l~q~-s~p~'~t to private use, copyrights or
patent rights by Consultant in thekl..~¢~[~ior ~ky~ther country without the express
written consent of City. City shall have unrestricted authodtyto 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.
Section 29: Force Maieure
29.1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to pay
money, but only to the extent that such failure or delay is caused by an Event of Force
Majeure as set forth in section 29.2. If an Event of Force Majeure set forth in section 29.2
causes a delay or failure in performance of only a portion of the obligations ora Party under
this Agreement, then only that portion of performance which was delayed or prevented by
such cause shall be deemed excused, and the performance of all other obligations of a
Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure
in performance of all other obligations of a Party not so delayed shall not be excused by
such Event of Force Majeure. Delay or failure in performance by a Party which is the result
of an Event of Force Majeure set forth in section 29.2 shall be deemed excused for a pedod
no longer than the delay or failure in performance caused by such Event.
29.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually severe
weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or
the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience,
strike or labor dispute for which D/B is not responsible, expropriation or confiscation of
facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes
good faith and reasonable efforts to remedy the delays or failures in performance caused
thereby. However, D/B, in developing the GMP and Project Schedule, has incorporated
three (3) days for anticipated adverse weather days that may disrupt work on the Project;
D/B shall be entitled to relief under this Section for adverse weather only to the extent
adverse weather days exceed this amount of days.
29.3 A Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure as is
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reasonably possible, but in any event within five (5) working days after Party becomes
aware of such delay or failure.
29.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be reimbursed
according to the terms of ti'ils Agreement from the Contingency Fund.
include services related to removal of any existing asbestos or hazardous or toxic
materials. In the event the D/B or any other party encounters additional asbestos or
hazardous or toxic materials at the Project Site, or should it become known in any way that
such materials may be present at the Project Site or any adjacent areas that may affect the
performance of the D/B's services, the D/B may, at his or her option and without liability for
consequential or any other damages, suspend performance of services on the Project until
the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or
remove the hazardous or toxic materials, and warrant that the Project Site is in full
compliance with applicable laws and regulations.
Section 31: Disputes
31.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in accordance
with the provisions of this Section, unless specifically addressed by another provision of
this Agreement.
31.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 13. City shall make a determination on D/B's request in wdting within 7 days of
receipt of request and all supporting data. Said Change Order shall be made in good faith
and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City
is liable, and covers all costs and delays to which D/B believes it is entitled as a result of
the occurrence of the claimed event. All requests for adjustment in Contract Time shall
include an analysis of the Master Construction Schedule and the impact of the claimed
work on specific activities on the Master Construction Schedule.
31.3 If D/B disagrees with City's determination, D/B shall file a claim in writing 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 the same.
31.4 Pending final resolution of any claim, including litigation, D/B shall proceed
diligently with performance of the Project, and comply with any direction of City.
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Section 32: Notices
32.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by couder or registered or certified
mail, return receipt requested, postage prepaid, addressed to the Party to whom they are
directed at the following addresses, or at such other addresses as may be designated by
notice from such PartY:(i) To CITY: ~//~ ~[~.,
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tek (619) 691-5037
Fax: (619) 409-5823
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
Company Name.
Company Contact
Address
City, State, Zip
Tel: ( )
Fax: ( )
Any notice, demand or other communication given or made solely by mail in the
manner prescribed in this Section shall be deemed to have been given and to be effective
three (3) days after the date of such mailing; provided, however, that any notice, demand or
other communication which would otherwise be deemed to have been given on a day
which is not a working day shall be deemed to have been given on the next subsequent
working day.
Section 33: Miscellaneous Terms
33.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own judgment, belief
and knowledge of the nature, extent, effect and consequence relating thereto. Each Party
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ATTACHMENT B
further declares and represents that this Agreement is being made without reliance upon
any statement or representation of any other Party not contained herein, or any
representative, agent or attorney of any other Party.
33.2 Severability: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable
to the fullest extent permitted by law.
33.3 Entire Aqreemen~'.~¢,~?,~,~{.l~ol ~ta~ns the entire agreement, between
the Parties and supersedes all p~'~J:~s, ~h-~._~ions, obligations and rights of the
Parties in respect of each other regarding the subject matter of this Agreement. There is
no other written or oral understanding between the Parties. No modification, amendment or
alteration of this Agreement shall be valid unless it is in writing and signed by the Parties
hereto.
33.4 Draftinq Ambi.quit es The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and conditions of
this Agreement, and that the decision of whether or not to seek the advice of counsel with
respect to this Agreement is a decision which is the sole responsibility of each of the
Parties hereto. This Agreement shall not be construed in favor of or against either Party by
reason of the extent to which each Party participated in the drafting of the Agreement.
33.5 Applicable Law: The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California. Venue for mediation,
arbitration and/or actions arising out of this Agreement shall be in the City of Chula Vista,
California.
33.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall constitute a
waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such
right or remedy on any future occasion.
33.7 Effect of Headinqs Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be interpretations of the
provisions hereof.
- 33.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
33.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
33.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other may
32
J:\BPC\Cons~uction\Fire Station #7~Generic Design Build Agmt.doc
ATTACHMENT B
reasonably require to consummate, evidence or confirm the agreements contained herein
in the manner contemplated hereby.
33.11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute original
signatures, and facsimile copies hereof shall be deemed to constitute duplicate original
33.12 Exhibits and GIo.~,.~L~r~: l~.lL~Ex~ibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
33.13 Third Party Beneficiary: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
33
J:\BPC\Construction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA COMPANY NAME
By: ' ¢ :
Shirley Horton, Mayor Company Contact
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by
John M. Kaheny, City Attorney
34
J:\BPC\Construction\Fire Station #7\Generic Design Build Agmt.doc
ATTACHMENT B
EXHIBIT LIST
Exhibit I RFP
Exhibit 2 Project Schedule
Exhibit 3 GMP Sum~[~ ~ [-~
Exhibit 5 Certificate of Completion
Exhibit 6 Project Site
35
J:\BPC\Construction\Fire Station #7~Genefic Design Build Agmt:.doc
Attachment C
Preliminary Schedule Time Line
22
Attachment D:
General Conditions Worksheets
ATTACHMENT D
{f/-'* BUILDING AND PARK CONSTRUCTION
cra' o~: GENERAL CONDITIONS WORKSHEET
CHULA VISTA
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
PROJECT PERSONNEL
(List Name)
Project Manager
Project Superintendent
Project Engineer
Project Admin;~[i ~[ion
Project Accounting
SUBTOTALS
PROJECT SITE OFFICE
Temp. Office Mobilization/Demobilization
Temp. Office Rental
Office Cleaning
Office Equipment - Computer, Copier, Fax
Office Supplies
Telephone Services - Pac Bell & Nextel
Postage, Courier, Federal Express
Small Tools
Protective Equipment/First Aid Supplies
SUBTOTALS
GENERAL EXPENSES
Repro. Costs/Coordination (Drwgs Only)
Scheduling
Progress Photographs
Insurance
Bonds
SUBTOTALS
Page 1 of 2
ATTACHMENT D
I/'/~., BUILDING AND PARK CONSTRUCTION
cnv o~ GENERAL CONDITIONS WORKSHEET
CHULA VISYA
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
TEMPORARY SERVICES
Toilets/Handwash Stations
Storage Container
Dumpster/Debds Box
Temporary Power
Temporary Water
SUBTOTALS
SITE SERVICES
Security Guard Services
Security Site Fencing
Barricades
Traffic Control
Dust Control
SUBTOTALS
MISCELLANEOUS ITEMS
Survey, Staking & Restaking
Daily Clean Up
Final Clean Up
SUBTOTALS
PROJECT VEHICLE EXPENSES
Trucks/Cars (Included in Labor Rates)
Car Expense (Included in Labor Rates)
Fuel
SUBTOTALS
TOTAL GENERAL CONDITIONS I
Page 2 of 2
Attachment E:
Site Plan
24
m m mm mm m mm mm mm~ mm m mm mm mm mm mm m mm mmm m
EXHIBIT 2
38
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
EXHIBIT 3
39
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
EXHIBIT 3
FIRE STATION NO. 7
GMP SUMMARY
DESIGN AND PRECONSTRUCTION COST COST TOTAL
Schematic Design Phase $48,000
Schematic Design Estimate $5,698
Design Development Phase $36,000
Design Development Estimate $4,660
Construction Document Design Phase $120,000
50% Construction Document Estimate $6,900
Procurement Assistance from Design Team $5,000
Procurement $10,152
Schedules $1,776
Design Meetings (Weekly, 2 hours average) $24,840
Construction Documents Quality Review $3,552
Miscellaneous - Printing, etc. (Reimbursables - See Below) TBD
TOTAL DESIGN & PRECONSTRUCTION $266,578
CONSTRUCTION ADMINISTRATION
Design Team $3!,000
General Conditions $282,198
Fees & Bonds on Total Contract Cost (GMP to be
established (~ 90% Drawings)
Fee (of Hard Construction Costs) 3.75%
Liability Insurance .8%
Payment & Performance Bond .78%
Change Order Fee
Fee 3.75%
Liability Insurance .8%
Payment and Performance Bond .78%
TOTAL $579,776
REIMBURSABLE COSTS
Permit Cost TBD
Cost Associated with work in the Public Rigt-of-way TBD
(Sidewalk, Street Improvements, Sewer, Water, Electrical,
etc)
Utility Fees - Including temporary Water and Power TBD
Consumption
40
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
EXHIBIT 4
41
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
CITY OF CHULA VISTA
FIRE STATION NO.7
Design / Build Services Proposal Submitted to:
Mr. Rene Olivo
Assistant Director of Building and Park Construction
City of Chula Vista
1800 Maxwell Road
Chula Vista, CA 91911
August 20, 2002
RUDOLPH~ SLETTEN
~ Jeff Katz, AIA
Jeff Katz Architecture
4350 Executive Drive, Suite 301 7290 Navajo Road, Suite 106
San Diego, CA 92121 San Diego, CA 92119
Tel.: 858-455-I161 Fax: 858-455-1861 Tel.: (619) 698-9177 Fax: (619) 698-9178
www.rsconstruction.com jeff@jeffkatzarchitecture.com
RUDOLPH SLETTEN.
August 20, 2002
Mr. Ren~ Olivo
Assistant Director of Building and Park Construction ,,_,
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
LBLDG. & F'AFIK CoNSTFIUCT!UN
RE: Fire Station No. 7
Dear Mr. Olivo:
Rudolph and Sletten, Inc. and Jeff Katz Architecture are pleased to submit our proposal to
provide Design/Build Services for the City of Chula Vista's Fire Station No. 7 project. The
enclosed information illustrates that this team is uniquely qualified to provide the expertise
necessary to successfully complete your project requirements.
Jeff Katz Architecture has designed 17 fire station projects in and around San Diego County,
including t~vo stations for the City of Chula Vista. Rudolph and Sletten recently completed the
City of Encinitas Fire Station No. 5 and is currently working with the Sweetwater Union High
School District on five projects in the South Bay. A 40 year old firm, Rudolph and Sletten is
ranked 24th among domestic general building contracts in the nation according to the latest
Engineering News-Record ranking with over $8OO million of new construction this year. We
continue to grow by providing our clients with cost effective and innovative solutions during the
design and construction phases of their projects.
If you have any questions or require further information, you can reach me at (858) 455-116l.
We also invite you to visit our web site at ~vw~v.rsconstruction.com. Thank you for your interest
in Rudolph and Sletten, Inc. We look forwvard to the opportunity to becoming an important part
of your project team.
Sincerely,
Rudolph and Sletten, Inc.
Bob Maxwell
Business Development Executive
Table of Contents
1. Executive Summary
2. Overview of Approach and Commitment
3. Identification of D/BT Members
4. Experience and Technical Competence
5. Proposed Method to Accomplish the Work
6. Knowledge and Understanding of Local
"Environment"
7. Project Organization and Key Personnel
8. Miscellaneous Information
· Financial Arrangements for D/BT Members
· Exceptions to RFP
· Receipt of Addenda
· Bonding
9. Schedule of Rates and Fees
· Preconstruction Services
· General Conditions
· Cost of Work Multipliers
· Change Orders
· Payment and Performance Bond Rates
· Safety Program
· Preliminary Schedule
10. Additional Information
· Insurance Coverage
· In-House Resources
· Self-Performed Work and Union Agreements
· Financial Statements
· Projects Completed in 2001-2002
· Projects in Development and Under Construction
· Current and Unresolved Claims
RUDOL ETTEN
Executive Summary
Executive Summary
The Rudolph and Sletten Design/Build Team is proposing an excellent combination of design and
construction expertise for the Fire Station #7 project. The project requires a design professional
with the experience of Jeff Katz Architecture to ensure the program needs of the City's Fire
Department are incorporated into the design for this project.
Jeff Katz Architecture has the design team with more than 10 years of experience and 17 fire
station projects to ensure that the highest level of quality and enthusiasm amongst team members
are involved in the design process for this important project.
Rudolph and Sletten, Inc. brings more than 42 years of construction management services to the
City of Chula Vista. Our reputation for developing long term relationships and trust amongst our
clients has sustained our company's continued growth since 1960.
As your Design/Build Team, Rudolph and Sletten and Jeff Katz Architecture have proposed an
enthusiastic and experienced team for this project. We understand the critical path for the fast
track schedule and the financial constraints of limited funding. It will be one of our goals to
design and build this project on time and on budget. Our past project experience demonstrates our
ability to meet this goal.
Our Design/Build Team is also familiar with the local construction environment and is capable of
attracting subcontractors who will work toward meeting the project schedule while offering the
most competitive bids for the various trades required for this project. Our reputation as a one of
the "safest" builders in California fosters interest among the subcontracting community in bidding
our projects and delivering a quality project to the City.
It has been our pleasure to prepare the following proposal. We tmst that you will find it to be
thoroughly complete and organized for ease of review and evaluation.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc, and Jeff Katz Architecture
Overview of Approach and Commitment
Overview of Approach and Commitment
Rudolph and Sletten has teamed its construction services with the design services of Jeff Katz
Architecture to form a design/build team committed to exceeding the City of Chula Vista's
expectations and objectives for the Fire Station #7 project. Rudolph and Sletten and Jeff Katz
Architecture have designed and constructed many similar projects, and our open collaborative
approach has resulted in universal success. The vast experience of both firms, and our
commitment to providing quality services using the collaborative team approach, will provide the
leadership, direction, and expertise to assure the success of this project. Rudolph and Sletten will
be the single lead entity and will have a contractual relationship with Jeff Katz Amhitecture as a
subcontractor. The following points highlight the strengths we bring to this project.
Design Philosophy
The goal of every project is to develop a design that is an expression of the user's philosophy and
aspirations. Decisions are shaped by the program and how technical issues influence the design.
We tailor a working relationship that responds to the needs of the client so that relevant issues are
exposed, allowing informed decisions to be made.
Jeff Katz Architecture's extensive similar experience, including two fire stations for the City of
Chula Vista and 15 fire station projects in and around San Diego County, will be utilized to
provide design solutions and documents that ensure a cost effective and successful project for the
City of Chula Vista.
Collaborative Team Approach
Our goal for this project is to maintain a collaborative, supportive, and team-oriented atmosphere.
With an in-depth experience and knowledge of amhitectural design, and the ability to translate
design into the finished product, the project team of Rudolph and Sletten and Jeff Katz
Architecture possesses the professionalism and combination of skills required to bring this project
to fruition.
Experience
Both firms have been involved in countless projects that are similar in scope, size and nature to
the Fire Station #7 project. We have carefully reviewed the scope of work for the project, and we
understand the challenges and needs of the project. In addition, the firms have a successful track
record of working together on two recent projects at SeaWorld San Diego.
Project Team
We have proposed a carefully chosen and highly qualified team of design and construction
professionals who are committed to completing this project on time, within budget, and with
impeccable quality. Our proposed team possesses the technical knowledge, experience, and
capabilities required to complete the Fire Station #7 project in the most efficient and professional
manner.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Overview of Approach and Commitment
Managing the Design-Build Process
Rudolph and Sletten manages the subcontractors throughout the entire process of design to ensure
that the design intent and budget are maintained. Our involvement in the design process allows
us to keep tight control of cost issues. We continually emphasize that the design has to match the
budget. Each change must be reviewed to determine if the design matches the budget. Milestone
progress drawing dates will be determined. These progress drawing prints will be priced to
confirm that the design matches the budget. If there is a discrepancy between the design and
budget, the discrepancy must be resolved prior to proceeding with the design.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Identification of Members
Identification of Members
Legal name and address Rudolph and Sletten, Inc.
989 East Hillsdale Boulevard, Suite 100
Foster City, CA 94404
Legal form of company Corporation
Parent company Not Applicable
San Diego county office address 4350 Executive Drive, Suite 301
San Diego, CA 92121
Number of years in San Diego 12 years
Number of employees in San Diego 96
Chula Vista license number 39531
Persons assigned to project Frank Jones, Project Executive
Barry Choy, Project Manager
Dan Dell, Superintendent
Leigh Proudfoot, Assistant Chief Estimator
4350 Executive Drive, Suite 301
San Diego, CA 92121
(858) 455-1861
Proposal Contact Bob Maxwell, Business Development Executive
4350 Executive Drive, Suite 301
San Diego, CA 92121
(858) 320-5306
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Identification of Members
Legal name and address Jeff Katz Architecture
7290 Navajo Road, Suite 106
San Diego, CA 92119
Legal form of company Sole Proprietor
Parent company Not Applicable
San Diego county office address 7290 Navajo Road, Suite 106
San Diego, CA 92119
Number of years in San Diego 10 years
Number of employees in San Diego 5
Chula Vista license number Not Applicable
Persons assigned to project Jeff Katz, Principal-in-Charge
Eric McSwain, Project Architect
Michael Hollman, Job Captain
7290 Navajo Road, Suite 106
San Diego, CA 92119
(619) 698-9177
Proposal Contact Jeff Katz, Principal-in-Charge
7290 Navajo Road, Suite 106
San Diego, CA 92119
(619) 698-9177
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Experience and Technical Competence
Experience and Technical Competence
Rudolph and Sletten's and Jeff Katz Architecture's experience includes new construction as well
as repair and renovation projects for tim stations, administrative facilities, classroom facilities, a
variety of training facilities, maintenance facilities, recreation facilities, medical facilities, office
buildings and housing and residential facilities. This experience has included both new
construction and repair/renovation projects for a variety of public and private sector clients
including the City of San Diego, City of La Mesa, City of Chula Vista, City of Encinitas, City of
Redwood City, San Miguel Fire Protection District, Orange County Fire Authority, City of
Banning Fire Department, Murrieta Fire Protection District, County of San Diego, United States
Postal Service, Department of Defense, San Diego Unified School District, Sweetwater Union
High School District and many others.
The following project sheets provide examples of relevant projects completed by Rudolph and
Sletten and Jeff Katz Architecture's personnel as the Prime Consultant on each project. Each of
these projects contains elements related to the Fire Station #7 project. This experience will
ensure the successful completion of your upcoming project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
LA MESA FIRE STATION NO 12 RELOCATION
La Mesa, California
This project involved the design and construction
of a new fire station for the City of La Mesa. This
project was necessary because the existing
station, which was constructed in 1955, was to be
demolished to make way for the extension of
SR125 through La Mesa. The construction of the
new station was partially funded through Caltrans
as a "functional replacement" of the existing station.
The first phase of this three-phase project included
the identification, evaluation and recommendation
of potential sites for the relocation of the existing
station. Phase Two involved the design and
preparation of construction documents for bidding,
including specifications, cost estimates and
construction administration services. The project
included preparation of schematic design
documents for the programming of the space
requirements for a 9,000 S.F. facility, to house up
to six fire fighters. The program supplies an
apparatus room with two drive-thru bays. The
remaining areas included bunkrooms, training/
community room, fitness room, kitchen, dayroom,
shop, dispatch and administrative spaces. The
project includes site design for public and private
vehicle parking, hose drying facilities, emergency
generator, as well as complete interior design.
Phase I was completed in November 1995. Phase
II began in February 1996. Phase III - Const~'uction
of the new station began !n May 1997 and was
completed in June 1998. The construction cost
for this project was $2,100,000.00. The Fire
Department point of contact is Chief Doug Matter
(619) 667-1467.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, California 92119 - Phone (619) 69~-9177 - Fax (619) 698-9178
CITY OF SAN DIEGO FIRE STATION 37
San Diego, California
This project included the design and preparation of construction documents for bidding, including
specifications, cost estimates and construction administration services. The project involved the design of
a new Fire Station in the McMillin Companies, Scripps Ranch Villages planned development in San Diego,
CA. The design included the programming of space requirements for a 8,500 S.F. facility, to house up to
ten fire fighters. Areas included an apparatus room with three drive-thru bays, bunk rooms, fitness area,
kitchen, dayroom, shop, dispatch and administrative spaces. The site design includes space for public
and private vehicle parking, hose drying facilities, fueling facilities and an emergency generator. The
construction cost for this project was $1,560,000. The project started construction in December 1999 and
was completed in September 2001. The Fire Department point of contact for this project was Brent
Lindberg, (858) 573-1362.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, California 92119 - Phone (619) 698-9177 - Fax (619) 698-9178
SAN MIGUEL FIRE STATION NO 14
Spring Valley, California
The project involved the design and preparation of construction documents for bidding, including
specifications, cost estimates and construction administration services. This project involved the design
of a new Fire Station near a new subdivision in Spring Valley, CA. The design required preparation of
schematic design documents for the programming of the space requirements for a 7,650 S.F. facility, to
house up to eight fire fighters. Areas included an apparatus room with two drive-thru bays, bunk rooms,
fitness room, kitchen, dayroom, shop, dispatch and administrative spaces. The project included site
design for public and private vehicle parking, hose drying facilities, and emergency generator, as well as
complete interior design. The estimate for this project is $1,450,000. The project bid at $1,379,000 and
was completed with total amount of Change Orders of $11,300. Construction was completed in June
1999. The Fire Department point of contact for this project is Division Chief Larry Kinard (619-670-
0500).
THE FIREHOUSE MUSEUM RENOVATION
San Diego, California
The Fire House Museum, located in downtown San Diego contains over 200 years of fire-fighting apparatus
and memorabilia. The facility includes an original fire station and maintenance facility, as well as an
additional structure which was relocated from Balboa Park many years ago. The facilities are in varying
states of deterioration. Jeff Katz Architecture donated design services to this nonprofit organization to
assist with the replacement and reconstruction of the structural floor system and other needed
improvements. The Fire Department point of contact for this project is Greg Bennett, (858) 573-1364.
Jeff Katz Architecture - 7290 Navajo Road, Suite 1(36 - San Diego, California 92119 - Phone (619) 698-9177 - Fax (619) 698-9178
SAN MIGUEL FIRE STATION NO 16
Spring Valley, California
The design and preparation of construction documents for bidding, including specifications, cost estimates
and construction administration. This project involved the construction ora new Fire Station on the site of
an existing, structurally deficient station, which had to be demolished to make room for the new construction.
The design required preparation of schematic design documents for the programming of the space
requirements for a 7,100 S. F facility, to house up to eight fire fighters. The program supplies an apparatus
room with two drive-thru bays. The remaining areas included bunk rooms, fitness room, kitchen, dayroom,
shop, dispatch and administrative spaces. The project included site design for public and private vehicle
parking, hose drying facilities, emergency generator and fuel storage tanks, as well as complete interior
design. The Fire Department point of contact for this project was Division Chief Larry Kinard (619-670-
0500). This project started design work in March 1994 and completed construction in July, 1995.
CITY OF SAN DIEGO FIRE STATION 20
San Diego, California
Jeff Katz, AIA served as the Project Architect for this project. His responsibilities included all client
contact, day to day management of the project, including in-house staffing, consultant coordination, agency
submittals, etc. As part of the City of San Diego's ongoing upgrade program for its fire protection facilities,
Fire Station 20, an eady nineteen sixties design, was remodeled and renovated. The project included an
addition and renovation to the kitchen/dining and recreation area. Because of the stations proximity to the
San Diego Sports Arena, exterior and interior noise controls were included in the renovation. Additionally,
to accommodate larger vehicles in the apparatus room, the roll up doors were enlarged. Budget for this
project was $350,000.00. The project bid at $279,000, allowing the Fire Department to add additional
work to the project while remaining within the original project budget. The Fire Department point of contact
for this project was Chief Ralph Edwards (619-533-4353). The City of San Diego point of contact was
Dieter Haschke (619-533-3156). This project completed construction in 1992.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San D~egoI California 92119 - Phone (6t9) 698-9177 - Fax (619) 698-9178
CHULAVISTAFIRE STATION NO 3
Chula Vista, California
This project included the design and preparation of construction documents for bidding, including
specifications, cost estimates and construction administration services. The project involved the design of
a new Fire Station the Sunbow planned development in Chula Vista, CA. The design included a 4,000 S.F.
facility, to house up to four fire fighters. Areas included an apparatus room with two drive-thru bays, bunk
rooms, fitness area, kitchen, dayroom, shop, dispatch and administrative spaces. The site design includes
space for public and private vehicle parking, hose drying facilities and an emergency generator. The
construction cost for this project was $1,025,000. The project started construction in June 2000 and
completed construction in March 2001. The point of contact for this project is Fire Chief James Hardiman
(619) 691-5292
LA MESA HEADQUARTERS FIRESTATION NO. 11
La Mesa, California
This project included the design and preparation of construction documents for bidding, including
specifications, cost estimates and construction administration services. The proiect involved the design
of a new Headquarters Fire Station and ADministrative Facility for the City of La Mesa. The design
included the programming of space requirements for a 14,500 s.f. facility, to house up to twelve fire fighters
and medics. Areas in the fire station included an apparatus room with three drive-thru bays, bunk rooms,
fitness area, kitchen, dayroom, hose/training tower, shop and vehcile maintenance facilities. The
administractive portion of the facility included Fire Administractive personnel offices, conference rooms,
breakroom and an Emergency Operations Center/Training Room. The site design includes space for
public and private vehicle parking, landscaping, fueling facilities and an emergency generator. The
preliminaryestimateforthisprojectis $3,000,000. Design work on this project began in January, 2001~
It is anticipated that construction will begin in late-2002. The Fire Department point of contact is Fire
Chief Doug Matter (619) 667-1467.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, California 92119 - Phone (619) 698-9177 - Fax (619) 69~-9178
CHULAVISTA FIRE STATION NO 4
Chula Vista, California
This project, which recieved a 2000 City of Chula Vista Beautification Award, included the design and
preparation of construction documents for bidding, including specifications, cost estimates and construction
administration servicesfor a new Fire Station and training Classroom in the McMillin Companies, Rancho
Del Rey planned development in Chula Vista, CA. The design included the programming of space
requirements for a 4,000 s.f. facility, to house
up to four fire fighters. Areas included an
apparatus room with two drive-thru bays,
bunk rooms, fitness area, kitchen, dayroom,
shop, dispatch and administrative spaces.
The project also included an adjacent 1,750
s.f. Training Facility to house classrooms
and administrative offices. The site design
includes space for public and private vehicle
parking, hose drying facilities1 landscaping
and an emergency generator. The
preliminary estimate for this project was
$950,000. The bid amount was $977,000.
The project started construction in
December 1999 and completed
construction in September 2001. The Fire
Department point of contact for this project
was Fire Chief James Hardiman (619) 691-5292.
SAN DIEGO FIRE STATION NO. 39
San Diego, California
In the late 1990's, when the San Diego Fire Department took over paramedic services for the City, they
found many of their stations could not support the additional personnel required to provide these services.
Jeff Katz Architecture has assisted the City on several projects intended to add living quarters for the
additional medical personnel. This project involved plans, specifications and cost estimates for the design
and construction of six bunk rooms in an existing station which had been constructed in the eady 1970's.
the project also included an addition to the existing dining room and the construction of a laundry facility to
serve the station. Complete HVAC and electrical upgrades were also included. The Fire Department point
of contact for this project is Greg Benneff, (858) 573-1364.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, Califomia 92119 - Phone (619) 698-9177 - Fax (619) 698-9178
RANGE OPERATIONS CENTER, NAVAL WARFARE CENTER
Point Mugu, California
This Design-Build project included the design and preparation of construction documents including
specifications and construction administration services. The project involved the design of a new Range
Operations Center for the Naval Warfare Center at Point Mugu, California. The 30,000 square foot facility
includes a Operations Control Room which is used to monitor and test missle activity from multiple locations
across the western US. The project included extensive design of secure communications systems. The
design was developed in a manner to allow construction activities to proceed adjacent to the existing,
operational facility, without effecting on-going operations. The construction cost for this project is $11,515,000.
The project started design in November 2001 and construction began in May, 2002.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Dief3o, California 92119 - Phone (619) 698-9177 - Fax 1'619) 698-9178
BALOUR FIRE STATION NO. 5 AND COMMUNITY & SENIOR CENTER
Encinitas, California
The City of Encinitas, a coastal community
located in San Diego County, needed a new
Fire Station and Community & Senior Center
to meet its rapid growth. The City turned to
Rudolph and Sletten to serve as Construction
Manager for these public projects. The new
6,8000sf concrete-block Fire Station No. 5 fea-
tures a state-of-the-art communications and
control center. With the Fire Department in
direct contract with vehicle exhaust system
vendors and communications and alarm serv-
ice providers, Rudolph and Sletten coordinat-
ed and communicated the detailed scope of
this technical work to the building trade con-
tractors throughout the public bidding process.
The 38,000sf Community & Senior Center,
includes a banquet hall, kitchen, a multipur-
pose gymnasium and auditorium, an arts and
crafts room, a dance room and conference
rooms. The Center was also designed to be
an evacuation site, equipped with emergency
generators. To minimize disruption to the
community, the street improvements were
scheduled during the summer of 1999, while
nearby Oakcrest Junior High School was
vacant. This phase included installing a
reclaimed water main, widening the streets,
and building a safer route to and from the
school. To clarity the scope for the building
trade contractors, we facilitated design meet-
ings, conducted drawing and plan reviews,
and provided bid package instructions to coor-
dinate these separate phases and systems.
The total value of completed construction is
$1,500,000. The Owner's Project Manager for
this project is Division Chief, Tom Tufts (760)-
633-2802.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
REDWOOD SHORES FIRE STATION ~20. MAINTENANCE FACILITY & PUMP STATION
Redwood City, California
9,800sf Fire Station, Maintenance Facility & Pump Station for Redwood City, CA. The total value of complet-
ed construction was $3,200,000. The Owner's Project Manager for Wis project is Assistant City Manager, Peter
Ingrain (650) 780-7476.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
SAN YSIDRO HIGH SHCOOL
Chula VL~a, California
To satisfy the ever-growing needs of California public schools, Rudolph and Sletten along with
its client, the Sweetwater Union High School district, is in the process of building Chula Vista's
newest high school campus. The 52 acre site will be comprised of seven classroom buildings,
an administration building, an associated student body building, a gymnasium, library, cafeteria,
soccer and baseball fields, outdoor basketball courts and a football stadium, complete with con-
cession stand. The project was originally scheduled for completion in October 2002, however,
Rudolph and Sletten accelerated the schedule to complete the classrooms to accommodate the
school district"s need to open by July 2002. The total value of completed construction will be
$36,000,000. The owner's project manager is Ms. Katy Wright, Director of Planning/Construction
for the Sweetwater Union High School District (619) 691-5553.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
EAST LAKE MIDDLE SCHOOL
Chula Vista, Califomia
A new middle school campus situated on 25 acres in the Eastlake development of Chula Vista,
CA. There are 11 buildings including classrooms, a multipurpose building, locker rooms, admin-
istration rooms and a library (media center). The multipurpose building includes a cafeteria, stu-
dent store and a theatre/stage. Site improvements include tennis courts, basketball courts,
handball courts, softball/baseball fields and parking lots. The total value of completed construc-
tion will be $27,000,000. The owner's project manager is Ms. Katy Wright, Director of
Planning/Construction for the Sweetwater Union High School District (619) 691-5553.
Rudolph and Sletten, inc. - 4350 Executive Ddve, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
HIGH SCHOOL #11
Chul~ Vista, Califomia
This is a new high school campus located on 52 acres in the Otay Ranch defelopment in Chula
Vista. There are 14 buildings including classrooms, a gymnasium, a cafeteria, and an adminis-
tration building. The total value of completed construction will be $41,000,000. The owner's proj-
ect manager is Ms. Katy Wright, Director of Planning/Construction for the Sweetwater Union
High School District (619) 691-5553.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
MAR VISTA HIGH SCHOOL RENOVATION PHASE lA
Imperial Beach, CaJifomia
Construction of a new gymnasium-locker room-shower facility, science classroom center, relo-
catable classroom placement, exterior tennis & handball courts, and related sitework. The
total value of completed construction will be $8,200,000. The owner's project manager is Ms.
Katy Wright, Director of Planning/Construction for the Sweetwater Union High School District
(619) 691-5553.
SWEETWATER HIGH SCHOOL RENOVATION PHASE lA
National City, California
Construction of a new gymnasium-locker room-shower facility, science classroom center, relo-
catable classroom placement, exterior basketball & tennis courts, and related sitework.
conducted drawing and plan reviews, and provided bid package instructions to coordinate
these separate phases and systems. The total value of completed construction will be
$8,700,000. The owner's project manager is Ms. Katy Wright, Director of
Planning/Construction for the Sweetwater Union High School District (619) 691-5553.
Rudolph and Sletten, Inc, - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
CIRQUE DE LA MER, SEAWORLD SAN DIEGQ
San Diego, California
SeaWorld is adding a new attraction at their ski stadium located on Mission Bay. The attraction
will include acrobats and gymnists performing on and over the bay, as well as on the island and
in the stadium stands. The changes on the mainland will include two 40 foot bungee towers and
an entry with "zip" lines connecting the island to the mainland. The island will have 6 towers vary-
ing in height up to 40 feet tall and a zorb ramp. Performance stages will be installed on land and
on the island. Rudolph and Sletten is responsible for 500 cubic yards of excavation onto a barge,
the concrete foundations and the erection and installation of the stage and towers. The project
architect for Cirque de la Mer was Jeff Katz, Principal in Charge of Jeff Katz Architecture. The
total value of completed construction was be $1,000,000.The owner's project manager is Ms.
Darlene Walter (619) 226-3626.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 Tel.: 858-455-1161 Fax: 858-455-1861
PETS RULE. SEAWORLD SAN DIEGO
San Diego, Califomia
This project included the demolition of an existing stage and in-ground concrete pool in an exisit-
ing stadium. It also involved the excavation and placement of a new slab on grade, theming ele-
ment pits and.a fiberglass pool. There was coordination with Sea World vendors for the installa-
tion of theming walls and props. The project architect for Cirque de la Mer was Jeff Katz, Principal
in Charge of Jeff Katz Architecture. The total value of completed construction was $550,000. The
owner's project manager Mr. Greg Gourley, is Director, Design and Engineering (619) 226-3998.
Rudolph and Sletten, Inc. - 4350 Executive Drive, Suite 301 San Diego, CA 92121 TeL: 858-455-1161 Fax: 858-455-1861
Experience and Technical Competence
Following is a list of additional related projects that Jeff Katz Architecture has completed.
Further information about these projects is available upon request.
Fire Stations
Fire Communications Center Addition, San Diego, CA
National City Main Fire Station, National City, CA
San Diego Fire Station 46, Santaluz, San Diego, CA
San Diego Fire Station 31 Seismic Evaluation, San Diego, CA
Orange County Fire Authority Headquarters Addition, Orange, CA
Banning Fire Station No. 2, Banning, CA
Murrieta Fire Station No. 3, Murrieta, CA
Related Experience
Santaluz Golf Course Irrigation Pump House I & 2, San Diego, CA
Black Mountain Ranch Pump Station, City of San Diego, San Diego, CA
Tactical Vehicle Maintenance Area, MCB Camp Pendleton, CA
Field Maintenance Facility, MCB Camp Pendleton, CA
Tactical Vehicle Maintenance Facility, MCB Camp Pendleton, CA
Vehicle Maintenance Facility, Lodi Track Service, Inc., CA
El Monte Pump Station, Helix Water District, Lakeside, CA
Education Experience
SeaWorld Education Facility, San Diego, CA
Multi-purpose Facility, Skyline Elementary Solana Beach, CA
Renovation of Dana Junior High School, San Diego, CA
Medical Experience
SeaWorld Health Services Addition and Remodel, San Diego, CA
Logan Heights Family Health Center Addition, San Diego, CA
North Park Clinic Space Needs Assessment, San Diego, CA
Templeton Medical Center, Templeton, CA
Twin Cities Convalescent Center, Templeton, CA
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
Proposed Method to Accomplish the Work
The construction of the new Fire Station No. 7 to serve the City of Chula Vista offers the unique
and challenging opportunity to create an exciting, modem, functional and comfortable station for
the Chula Vista Fire Department. Rudolph and Sletten and Jeff Katz Architecture bring to you
extensive experience on similar projects, including the renovation and construction of many Fire
Stations. The following describes our technical and management approach to the design and
construction effort.
Preconstruction Services
The Rudolph and Sletten/Jeff Katz Architecture Design/Build Team (D/BT) will provide all the
standard services of a traditional clientJarchitecffconstruction manager relationship. What makes
our design/build team unique is the intense programming and schematic design effort, involving
your staff at your location, that we will provide to achieve the goals of function, form, economy
and time. We intend to draw on our many years of relevant experience to successfully solve the
challenges of:
· Developing appropriate design alternatives for the station which respect the
architectural design guidelines of the City of Chula Vista community.
· Working with Chula Vista Building and Park Construction Department to develop a
design that meets the City's needs within the defined budget guidelines.
Design to meet "Essential Services" requirements.
· Develop a design that will accommodate both male and female fimfighters.
· Develop project estimates
Provide required provisions for disabled access.
· Understand the balance between creativity, maintenance, aesthetics, function and cost
· Develop value analysis options
· Specify durable, Iow-maintenance, vandal resistant materials.
· Prepare and update the project schedule
· Completing the project on time and within budget
To accomplish these tasks we will draw on our proven method of establishing a project program
and developing a design that meets these goals. This project represents a challenge in that we
must meet the functional requirements of the station while satisfying the needs of the local
community with regard to aesthetics and noise control, among other things. The design team will
also be faced with the challenge of developing cost effective design solutions, while maintaining
high design standards that are desired for new facilities. It is also important to provide a design
that is compatible with the surrounding environment and respects the scale and character of the
surrounding neighborhood. This can best be accomplished through the thoughtful attention to
building massing, materials and landscape elements. Our team's extensive experience on projects
of this type, and Fire Stations in particular, will allow us to provide you with the most cost
effective design solutions and will help simplify the overall project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
While our D/BT strives to provide aesthetically pleasing designs, we still consider function to be
our primary concern. In today's world of financial responsibility it is more important to provide a
solution that addresses all of the client's needs rather than designing a testament to the Architect's
ego. The goal with this project will be in balancing the City's and community's aesthetic desires
with the functional and maintenance requirements of the firefighters who will live and work in
these facilities.
Conceptual Design/Programming Phase
It is during the preconstruction planning phase that 80% of the architect's time is spent, where
tens of thousands of decisions are made that determine a project's direction. The ultimate success
of a building project is accomplished by all decisions striking a balance between diverse and
sometimes opposing requirements. These decisions must be arrived at in the earliest part of the
Preconstruction Planning Phase, during architectural programming. There is an enormous
amount of information that an architect must have to design a successful project. Much of that
information resides with the owners and users of the building.
It is the D/BT's responsibility, during the programming phase, to draw out this important
information. Information gathering will be accomplished through the traditional and effective use
of questionnaires and interviews to determine current space utilization, equipment specifications,
staff goals, site constraints and other criteria impacting the design of the facility.
Creative sessions will be held using the "brain-storming" technique with teams made up of both
Architect and Engineer (A/E) team members and Fire Department staff. The creative sessions
will develop potential concepts for the facility. The concepts developed during these preliminary
creative sessions will then be evaluated by both the A/E team and the City of Chula Vista against
perceived needs. Not only will this involve function and form, but will also deal with costs and
time (phasing). Costs are often a driving force for entities which are dependent on a variety of
public and private funding sources (such as CDBG funds). Timely completion of projects to
make use of these funds is critical. From the results of this evaluation stage, program statements
will be developed. At that time, the design team and the City of Chula Vista will have a clearer
understanding of the specific needs and requirements for the facility. Once the City and the A/E
team are clear as to the specific program requirements of the facility, including site planning,
aesthetic requirements and space planning, the design team will proceed with the development of
preliminary design and cpst information.
During the conceptual design/programming phase, the D/BT will provide accurate cost and
schedule information that will allow the project team to make decisions expeditiously. Our
estimating team has developed cost model information on all facets of construction from
foundations, superstructures, and exterior skins to mechanical and electrical systems. Our strong
conceptual estimating abilities deliver accurate and reliable budget information for various
schemes early in the design process.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
Schematic Design Phase
After completing the review and refinement of the project program, the next phase of work is
Schematic Design. Once the functional relationships of the station are understood, the design
team will develop preliminary space plans that can be measured against the program statements
previously developed. At the same time, the design team will focus on the City of Chula Vista's
desires and requirements for the aesthetics of the station exterior. Fire stations pose an interesting
design challenge in trying to balance the functional needs of the firefighters, enabling them to
respond promptly and complete their work efficiently, while at the same time providing a
comfortable living environment for the personnel who spend their days and nights at the station.
In addition, there is the need to meet the community's requirements for an aesthetically pleasing
building, and to be compatible to the adjacent structures. During this time the design team will
meet with the Planning Department, community groups, etc. to review the specific requirements
for this project.
Also at this time, Rudolph and Sletten will refine our estimate, adding another layer of detail by
incorporating initial basic quantity take-offs using the documents and reasonable assumptions.
By providing Jeff Katz Architecture with accurate early direction, the building will be designed
within the budget targets set during the conceptual stage.
Value Analysis
In addition to providing cost information, Rudolph and Sletten's experienced estimating team
will provide alternative material suggestions for all elements of the building construction. The
term we use for this process is "Value Analysis." Providing value analysis on building
components, methods and systems, and suggesting alternative equal functions at a lesser cost are
our primary functions during preconstmction. Our team will also look for alternate ways of
increasing value at no additional cost, or decreasing maintenance costs. Our goal is to achieve
early discovery and implementation of the items that will improve and enhance the economical
and functional design of the project. Accurate, timely cost information will assist the decision-
making process and expedite the design. Leigh Proudfoot, assistant chief estimator, will
introduce Value Analysis studies from similar projects, as well as develop additional project-
specific ideas to assess their applicability for inclusion in this project. We will work closely
with The City of Chula Vista and the appropriate consultants to quickly review design decisions
for schedule and budget impact. By continually reviewing the design and developing value
analysis suggestions, the project will meet the budgetary goals without sacrificing quality or
function, or increasing maintenance costs.
Design Development and Construction Documents Phases
Following the approval of a schematic design for this project, the design team will proceed into
the next phases of work, which are the Design Development and Construction Documents phases.
During the Design Development phase much of the detailed design is defined. Again, the tools of
value analysis are used in a focused way to maximize all elements of the evolving design. At this
point our quality control process begins prominently to assert itself. The Project Architect and
our Quality Control Officer will be conducting progress checks throughout the life of the project.
This includes ensuhng that all members of the A/E team are at the same level of development,
that cost goals are being maintained, and that errors and coordination problems do not creep into
the project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
During the Construction Document phase the Project Architect will continuously monitor the
progress of the job, measuring it against both the program requirements and the project quality
control manual. Jeff Katz Architecture and its consultants produce all projects on computer,
enhancing both quality and coordination. Jeff Katz Architecture takes great pride in the quality
and completeness of our construction documents. We know that checking and coordination of
drawings is the way to eliminate the vast majority of errors that can occur on a project and have
established a "Design Quality Control Plan" to make sure errors do not slip through. This process
has allowed us to produce documents which not only are recognized and admired by contractors
for their thoroughness, but which are constructed with a minimum number of complications
during construction, and more importantly, have resulted in a change order rate of less than 1% of
construction cost for other than owner-requested changes.
Constructibility Reviews/Early Discovery
A critical part of the preconstruction effort is Rudolph and Sletten's review of the project
documents to ensure that the design is "constructible" and that all elements of the building
systems are coordinated. Early involvement allows us to introduce any elements critical to the
construction process into the design. If problems in site access, construction sequencing, or
space constraints are discovered early and resolved, they can be included into the design with
little, if any, impact to the project.
Rudolph and Sletten will conduct detailed document reviews by every discipline at each juncture
of the design process and most heavily at the construction document level. This process, known
as "fly-specking", provides an opportunity to discover elements of the project that require
additional clarification or improvements. Issues brought up during these design reviews will be
tracked to ensure they are implemented. Our ability to identify and resolve issues prior to the
start of construction will dramatically reduce potential change orders.
Another facet of early discovery is the identification of any elements of the project that can be
developed into separate bid packages. Separate bid packages ensure prompt delivery, avoid
deferred approvals, and can improve the overall delivery schedule of the project.
Bid Package/Procurement Strategy
A key element of success is the bid package/procurement strategy established to meet the fast-
track phased schedule. As we evaluate the project, we envision some packages that would be
negotiated and some that would be competitively bid. An example ora package that may make
sense to negotiate might be the mechanical and electrical package. Our approach to doing a
detailed quantity survey of all trades gives us the advantage of knowing what the value of a
specific trade is worth. When we evaluate the trades on the project we will be evaluating the
materials being used as well. This will allow us to identify and preorder any equipment or
materials needed to maintain the project schedule.
In addition to establishing the bid package/procurement strategy for the job, it is our
responsibility to get the "right" subcontractors to bid the project. In today's market, we begin by
establishing a select bidder list early with the City of Chula Vista's input. Once this preliminary
list is developed, we then begin the prequalification process and early discussions with the
subcontractor community to generate a heightened interest in the Fire Station #7 project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
We accomplish this with our in-house mechanical and electrical estimators during the budgeting
process and our mechanical/electrical coordinators during construction. During preconstruction,
if required, our in-house estimators will prepare independent budgets for each of the MEP scopes
of work which we will then compare with that of the MEP subcontractor budgets. These two
budgets, and the associated design of the system, are then reconciled so that the project receives
the best system for a fair price. Once construction starts, our mechanical/electrical coordinators
review the field installation to ensure proper performance.
Rudolph and Sletten can assure you that we will work only with subcontractors that possess
considerable experience in this project type and approach.
Once the bid package strategy is set, the subcontractor bid list is determined. Our next focus is
the receipt of the bid documents. As soon as the documents are ready, our D/BT will have a "fly
speck" session to review the final documents. This process often generates a list of questions that
can be answered and clarified prior to bidding and thereby eliminate future field change orders.
Next, we will prepare our Instructions to Bidders which takes the contract documents one step
further by defining exactly what the scope of each trade's bid should include. It is in this
document that we can share site specific issues, safety programs, schedule expectations, etc. to all
of the bidders.
Upon receipt of the subcontractor's bid, we will analyze it, produce a bid tally comparison,
compare the bid to the project GMP, and prepare a recommendation of award for final review and
acceptance by the City of Chula Vista.
Scheduling
Rudolph and Sletten will take a leadership role in establishing and monitoring both the
preconstruction and construction schedule. The project team members will organize their
responsibilities and create a design/review timetable for the most expedient construction
schedules. Because decisions in the various stages of the design process can impact the schedule,
it is important to have a regularly updated, accurate, and reliable master schedule. The master
schedule will alert us to any decisions that may impact the completion of the project ahead of
time.
Throughout the preconstruction phase of the project, the D/BT will meet with the City and other
consultants to validate the project schedule. The schedule will be reviewed at our weekly
meetings to ensure that we communicate any schedule impacts, as well as cost issues, that may
arise during the completion of design.
Construction Services
The following brief summary of our approach to construction is critical to understanding our
overall value Rudolph and Sletten brings to the project team. It is important to note that Jeff Katz
Architecture will have continued involvement during the Construction Administration phase of
project. This involvement enables decisions made during construction to be consistent with the
design direction developed during the earlier stages of the project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
Additionally it allows our team to maintain firm control over this vital phase of the project,
ensuring the completion of construction in accordance with the construction documents, while
minimizing delays and change orders.
· Provide a qualified full-time superintendent to control the installation of the work
· Provide project management staffing and administrative support to provide:
· General administrative functions
· Solicit bids, recommend, and monitor special inspection agencies
· Conduct post-bid reviews with all subcontractors to ensure scope coverage
· Understanding of the documents and site specific requirements
· Expedite, assemble, review for completeness and track all submittals
· Track status of submittals/requests for information and clarification
· Review and forward Requests for Information to the appropriate parties
· Expedite permits and act as a liaison to the various governmental agencies involved
with this project
Prepare and monitor the weekly and overall project schedule
Monitor and expedite the delivery of materials and equipment
· Monitor and coordinate all owner furnished items
· Conduct weekly project meetings and prepare minutes
· Ensure quality standards are maintained by requiring mock-ups, samples and reviews
of first-installed portions of work for conformance with the project specifications and
industry standards
Monitor jobsite safety requirements and take corrective action where necessary
Preparation of monthly billings
·Review subcontractors' invoicing for accuracy
Monitor subcontractor insurance requirements
· Establish, monitor, and verify lien release information and recommend release of
payments
Provide detailed review of all change orders for scope and pricing
· Prepare monthly Project Status Reports to include schedule status and budget
projections
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
Schedule Control
After the constmction documents are completed, the master schedule developed by the project
team will be incorporated into the bid documents to ensure that all pricing is based on the actual
construction sequence.
Day-to-day operations are planned and monitored through the use of a "three-week rolling
schedule." This detailed schedule allows Dan Dell, Superintendent, to better communicate the
detailed elements of the project. In addition, specialized schedules are developed to address
issues such as mechanical start-up, systems testing, and other procedures that require specialized
communications.
The rolling schedule is prepared weekly and is closely coordinated with each of the milestones
established by the master schedule. Dan Dell will review this schedule with all the
subcontractors and members of the construction team at the weekly coordination meetings. He
encourages all members to continually seek areas where the schedule can be improved without
sacrificing quality or increasing cost.
The Goal
During construction, the project team will have a singular goal: to implement and follow through
on the plans established by the project team during preconstruction and, at the same time, to
constantly evaluate our approach and look for even better alternatives.
The bottom line remains the same for all projects: on-time, on-budget, on-schedule, and of the
highest quality.
Quality Control Plan Implementation/Review
Once the quality standards are established during preconstmction and agreed upon, our D/BT, in
particular Barry Choy, will establish a project Quality Control Plan addressing each of these
goals. This plan is utilized during the course of construction as a guideline and checklist for the
project team to measure the success of the quality control effort. At a minimum, a monthly
quality control review is performed including input from all of the members of the design and
construction team.
During these inspections, mock-ups and samples are reviewed, first-installed pieces of work are
examined, and the ongoing work is reviewed and measured against the previously set standards.
Any conditions that do not meet the standards are noted and corrected with the resolution signed
off at or before the next inspection. The ultimate goal of this program is quite simply the
elimination of any need for a final punch list.
Within our D/BT, Rudolph and Sletten has developed and implemented several programs to
encourage quality efforts:
In-house continuing evaluation of all subcontractors with reports to the top management of
each firm
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
· Quality recognition system whereby employees exhibiting exceptional quality efforts are
recognized and rewarded
· Quality issues are routinely reviewed and communicated throughout the organization so that
the shared information can be utilized to avoid common or unusual problems
· Our policy is to review the plans and specifications, as well as our quality control plan, with
the subcontractors' management staff prior to the start of work
· Our top management requests that the City of Chula Vista rate our performance on a
monthly basis to ensure that outstanding issues are addressed and resolved
Our approach to our quality of the service and work product is to make absolutely certain we are
continually working toward each of the goals established by the project team. Additionally, the
architect and design team will continue their involvement during construction to ensure
compliance with the original design.
Experience in Building Commissioning & Turnover to Users
Building systems start-up, testing and commissioning is an integral part of every Rudolph and
Sletten project. To eliminate building operations problems we have developed a Building System
Start-up and Commissioning Program which is performed before occupancy of the building. This
program starts well before building completion, and is clearly shown on all project schedules.
Rudolph and Sletten has a staff of experienced, dedicated in-house mechanical/electrical
coordinators that are exceptionally well-versed in the supervision, start-up, and remover of complex
mechanical systems. They will develop a project-specific program of system check-out and start-up
so that all systems are debugged prior to occupancy.
Facility Staff Training
We realize the value of properly familiarizing the City of Chula Vista with the workings of the
completed facility. We will provide formal training in the use and understanding of the
operations and maintenance manuals that are assembled per the project specifications.
We "mn through" all systems in hands-on demonstrations and will provide instructions on
proper maintenance techoiques and scheduling.
Post Construction
We recognize the most potentially difficult experience for any client with any new building will
be during the first several months of occupancy.
The efforts described in the preceding sections have been developed and implemented on
numerous projects by Rudolph and Sletten in order to ensure that before the building is turned
over to City of Chula Vista that all the systems are fully operational and that there will be few, if
any, post-construction issues. In order to ensure that all the elements of the building are
functioning and that the City of Chula Vista is completely satisfied, Dan Dell, superintendent,
will remain on site on a full-time basis for the first several weeks of occupancy to account for
any contingencies.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Proposed Method to Accomplish Work
Beyond the first several weeks, our project team lives and works within minutes of the project
and will be available to respond immediately to your concerns or questions regarding the
building or its functions.
Our D/BT will schedule an 11-month warranty walk-through with the City of Chula Vista to
ensure that any warranty-related issues that may have arisen during the first eleven months of
occupancy are addressed prior to the expiration of the warranty.
Client Satisfaction
Ultimately, the quality of our service is measured by the satisfaction of the client. Our top
management regularly requests that City of Chula Vista's project team rate our performance so
that any areas that may not meet your expectations can be quickly addressed and resolved. This
is done through a program we call the "Owner Satisfaction Index." This is one method that
encourages City of Chula Vista to express their concerns and issues, as well as any
encouragement, directly to Allen Rudolph, president and CEO.
Our ultimate reward is to be asked to participate on another City of Chula Vista project due to
the high satisfaction rating we hope to achieve on the project.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Knowledge and Understanding of Local "Environment"
Knowledge and Understanding of Local Environment
Our Design/Build Team (D/BT) and our team of consultants have extensive experience working
for a variety of public sector clients in the San Diego region, including the City of Chula Vista,
City of Encinitas, City of San Diego, City of La Mesa, San Miguel Fire Protection District, City
of National City, Sweetwater Union High School District, University of California, San Diego,
and many others. In particular, Jeff Katz Architecture has experience working with various fire
service agencies in the region has provided us with a broad understanding of how these agencies
conduct business. They understand the unique role that the Fire Department serves in the
community, and the importance of providing a facility which meets both the firefighters' living
needs, as well as the functional requirements necessary for them to perform their tasks quickly
and efficiently.
Our design/build team's experience reflects our familiarity with the unique requirements of fire
station facilities, including structural design for "essential services" facilities, electrical design of
emergency generator systems and mechanical design of vehicle exhaust systems. These
specialized systems are critical to allowing the Fire Department to complete their mission. Our
experience will help ensure that the necessary components for a successful project are in place.
Prompt response and communication are key components of a Fire Department's success.
Similarly, our team's responsiveness and communication skills ensure our ability to serve our
client's needs. Maintaining communication and working closely with the various groups
involved in the project is crucial. This is an area in which our team excels. We have always been
able to work closely with our clients. More importantly, we are extremely capable of listening.
This is the key. Listening and understanding our client's critical issues at the beginning of the
project will help ensure the ultimate success of the project. Lastly, responsiveness during
construction is of primary importance to eliminate delays and problems that often arise. Our past
clients will attest to our responsiveness and comprehensive approach to construction
administration services.
Lastly, both firms have experience working in the City of Chula Vista. Rudolph and Sletten is
currently involved with the Chula Vista YMCA's new building program, the U.S. Olympic
Training Center expansion, and two new high school campuses for the Sweetwater Union High
School District. Jeff Katz Architecture recently completed Fire Stations No. 3 and No. 4 in the
City of Chula Vista in 2001.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc, and Jeff Katz Architecture
JEFF KATZ, AIA
Jeff Katz Architecture
Principal-In-Charge
Mr. Katz received his professional education from California Polytechnic State University,
San Luis Obispo, earning a Bachelor of Architecture degree. He has his NCARB
Certification, and is currently licensed to practice architecture in the state of California and
Nevada. Mr. Katz has successfully completed the S.A.V.E. certified 40 hour seminar in
Value Engineering. He has attended seminars and is a recognized expert on ADA
(Americans with Disabilities Act) accessibility requirements.
Mr. Katz has practiced architecture since 1983, specializing in a variety of institutional and
public sector work, including several fire station projects for Cities and Fire Protection
Districts. He is currently working on the design of a new Headquarters Fire Station and
Administrative Facility for the City of La Mesa. This follows up on the recently completed
Fire Station No. 12 for the City of La Mesa Fire Department. This project included Site
Evaluation and complete design, construction documents and construction administration
for a 9,000 square foot, $2,100,000 station.
Mr. Katz was also the Principal-In-Charge for San Diego Fire Station 37, a 8,500 square
foot, $1,600,000 project designed for McMillin Companies and the City of San Diego in the
Scripps Ranch Villages community. This project included a 3 bay drive through apparatus
area, living quarters for 10 firefighters, as well as Dayroom, fitness, office and shop areas.
This project completed construction in September, 2001.
Mr. Katz was the Principal-In-Charge for the City of Chula Vista Fire Station 4 project. This
project involved the design of a 4,000 square foot Fire Station and an attached 1,750
square foot Training Facility. This $1,000,000 project completed construction in February
2001. In addition, Mr. Katz has completed a second station for the City of Chula Vista
(Station 3). This $1,025,000 project completed construction in September 2001.
He has also completed design and construction documents for several similar projects,
including Administrative Facilities, Emergency Operations Facilities, Training Facilities,
Vehicle Maintenance Facilities and Educational Facilities.
Mr. Katz is a memberofthe San Diego Chapter of the American Institute of Architects. He
is active in his community as a coach for several youth sports teams.
GORDON K. AXELSON
Principal, BDS Engineering, Inc.
Project Civil Engineer
Mr. Axelson received his BSCE in Civil Engineering in 1985 from San Diego State
University. He is currently a registered Civil Engineer in California (1989).
Mr. Axelson has over twelve years of Civil Engineering experience involving site and
infrastructure development in public, private and industrial sectors. Mr. Axelson is highly
familiar with the engineering requirements of local governments and agencies, as well as
state and federal agencies, including the Office of Statewide Health Planning and
Development, Office of State Amhitect, United States Postal Service, United States Navy,
and Army Corps of Engineers.
BDS Engineering, Inc. has been in business for over 25 years. Mr. Axelson has been with
the firm for the past fifteen years, serving for the past ten years as Principal in Charge. Mr.
Axelson also has extensive experience on Fire Stations and related projects, having
provided civil engineering services for the following projects:
· La Mesa Fire Station 12 Relocation, La Mesa, CA
· San Diego Fire Station 37, San Diego, CA
Chula Vista Fire Station 4, Chula Vista, CA
Chula Vista Fire Station 3, Chula Vista, CA
San Miguel Fire Station 14, Spring Valley, CA
· Ramona Fire Station, Dye Road Site, Ramona, CA
· Ramona Fire Station, Headquarters Site, Ramona, CA
· Lakeside Fire Station, Oak Creek Road Site, Lakeside, CA
Fire Fighting Training Facility (P-002), Fleet Training Center, San Diego, CA
· Fire Station, Naval Regional Medical Center, San Diego, CA
· Fire Apparatus Facility, Pulgas Area, Camp Pendleton, CA
· Fire Apparatus Facility, Christianitos Area, Camp Pendleton, CA
'. Fire Protection System, Viejas-Descanso Honor Camp, San Diego, CA
· Fire Fighting Drill Pit, Naval Air Field, El Centre, CA
· Poway Sheriff's Substation, Poway, CA
Coronado Police Station, Coronado, CA
Mr. Axelson is an active member of the American Society of Civil Engineers, American
Public Works Association, Society of American Military Engineers and the Construction
Specifications Institute.
SIMON WONG, P.E.
Principal, Simon Wong Engineering / Minority Business Enterprise
Project Structural Engineer
Mr. Wong received his BSCE in Civil Engineering in 1979 and his MSCE in Structural
Engineering in 1984. His current registrations include 1983/Civi~/California, (37416);
1984/Civil/Nevada (6752); 1987/Structural/California (2906); and 1986/Structural/Nevada
(6752); 1999/Civil-Structural Engineering (OR), (60773); 2000/Civil Engineering (AZ),
(34741); 2000/Civil-Structural Engineering (WA), (036660).
Mr. Wong has over 18 years of professional experience in structural engineering and a
structural design background encompassing various disciplines including wood, masonry,
steel and concrete. His experience is evidenced by the diversity in projects on which he
has worked, including fire stations, educational facilities, healthcare facilities, libraries,
commercial buildings, office buildings, water/waste water facilities, and airports. Mr.
Wong~s fire station experience includes:
La Mesa Fire Station No. 12, La Mesa, CA: This project involved the design of a single-
stow wood framed fire station, approximately 9,000 sq. ft. This design dealt with multiple
roof slopes ranging from 1/2:12 to 6:12, including a 24 foot tall open bay apparatus area.
The project included the design of steel moment frames for the seismic lateral load system
at the apparatus area.
San Miquel Fire Station No. '14 & '16, San Mi.quel, CA: These projects involved the
design of single-story wood framed fire stations, approx. 7,500 sq. ft. The design dealt with
multiple roof slopes ranging from 1/2:12 to 6:12, including a 20 foot tall open bay apparatus
area.
San Die.qo Fire Station No. 44, San Die,qo~ CA: This project involved the structural design
of a single-story wood framed fire station of approximately 9,400 square feet. This fire
station included a special steel space frame structure roof over the apparatus area.
San Dieqo Fire Station No. 37: This project involved structural design of a single-stow
wood framed fire station, approximately 8,500 square feet, including a fitness mezzanine,
steeI moment frame Apparatus Room and multiple hip roofs.
(;hula Vista Fire Station No. 3 & 4: These projects involved structural design cfa single-
stow wood framed fire station, approximately 4,000 square feet, and a detached 1,750
square foot Training Facility.
Mr. Wong is an active member of the Structural Engineering Society of San Diego.
GENE WALSH, PE
Walsh Engineers
Project Mechanical Engineer
Mr. Walsh is a Registered Professional Engineer in the State of Califomia. He received his
professional education from San Diego State University, earning a Bachelor of Science in
Mechanical Engineering.
With over fifteen years of experience in practicing mechanical engineering, Mr. Walsh has
designed HVAC systems for numerous projects including municipal, health care,
institutional, military, laboratories and high-tech research facilities. He has experience with
central steam, chilled and hot water distribution systems, optimization and feasibility
studies.
Since starting Walsh Engineers in 1991, Mr. Walsh has served as Principal in Charge on
several municipal projects, including fire stations, court facilities and administrative
facilities. In addition, he has specialized in the Design of HVAC and Process Piping
Systems for Technical Research & Manufacturing Laboratory Facilities.
Mr. Walsh's professional affiliations include the American Society of Heating, Refrigeration
and Air Conditioning Engineers (ASHRAE) San Diego Chapter, American Society of
Mechanical Engineers and Society of American Military Engineers.
LARRY ZAMMIT
ILA + Zammit Engineering Group
Project Electrical Engineer
Mr. Zammit has over 20 years experience as a Project Manager for a variety of projects
and clients. He is a member of the National Illuminating Engineering Society (lES),
Committees for Outdoor Environmental Lighting and Lighting Trespass Sub-Committees.
Mr. Zammit has been a principal in electrical engineering firms in San Diego for 18 years,
specializing in a variety of institutional and public sector work, including several projects for
Fire Protection Districts. He has served as principal-in-charge for Chula Vista Fire Station
4, Chula Vista Fire Station 3, San Diego Fire Station 37 and La Mesa Fire Station 12
Relocation. Additional fire station and police facilities completed by the firm include the
recently completed San Miguel Fire Station No. 16, San Miguel Fire Station No. 14, San
Miguel Fire District Administration and Maintenance Facility, San Diego Fire Stations #10,
#13, #26 & #39, Coronado Cays Fire Station, Vista Fire Station Headquarters, Calexico
Fire Station, 2 Ramona Fire Sub-Stations, Provost Marshall Fire Headquarters MCRD,
Basewide Radio Fire Reporting System, San Clemente Island, Coronado Police Station,
University Fire & Police Station, San Diego and the Calexico Police Station.
Additional past experience of the firm includes over 40 academic facilities with multi-
purpose buildings, several recreation centers with multi-use facilities, and a variety of
private sector work for clients including Qualcomm and SeaWorld San Diego.
PATRICK J. O'CONNOR
Principal, Parterre Landscape Architecture
Landscape Architect
Patrick O,Connor is a Registered Landscape Amhitect in the State of California. He
received his professional education from the University of Oregon earning a Bachelor of
Landscape Amhitectum, as well as a Masters of Landscape Amhitecture in Urban Design,
from Harvard University
Mr. O'Connor's professional and academic interests for the past twenty years have
centered on the design and planning of large scale urban design projects. The majority of
projects he is responsible for directing require coordination of multiple design disciplines
such as architecture, engineering and planning where consensus building with community
groups are a fundamental part of the study process.
Recent Professional Experience
Project Manager and designer for the Civic Center Drive / National City Blvd.
Streetscape Program. The project is a twelve block long streetscape and signage
improvement program. The project scope involved master planning and preparation of
public improvement plans.
Project Manager and designer for the City of National City, City Hall Master Plan.
The purpose of the study is to develop a comprehensive improvement program for
improving access and visual quality for the City Hall site.
Project Manager and designer for the Mile of Cars Streetscape Program. The.scope
of work for the study involved the preparation of a master plan and revitalization
program for the Mile of Cars district of National City, CA. The construction cost for the
four year improvement program is $4.0 million. The final phase of construction was
completed in July of 1997.
Project Manager and designer for Orange Avenue Streetscape Improvement
Program, Coronado, CA. The project is a 6 million dollar streetscape improvement
program for the city=s primary thoroughfare. The scope of work required extensive
community interaction involving varying merchant workshops and large public hearings.
Parterre has won several design awards for their work, including two Orchids, from the
Orchids and Onions program.
NANCY SUDA, CID
Studio Suda ! Women Business Enterprise
Project Interior Designer
Mrs. Suda received her professional education at Kansas State University College of
Architecture and Design, receiving a Bachelor of Interior Architecture degree. She is
certified to practice interior Design by the State of California.
Mrs. Suda has many years of experience providing interior design services on a variety of
projects for both public and private entities. Project experience included the selection of
interior finishes and color selection, furniture specifications, space planning and cabinetry
design. Completed projects include:
· La Mesa Fire Station 12, La Mesa, CA
· Chula Vista Fire Station 4, Chula Vista, CA
Chuia Vista Fire Station 3, Chula Vista, CA
San Diego Fire Station 37, San Diego, CA
Headquarters Fire Station, Ramona, CA
· Dye Road Fire Substation, Ramona, CA
· Country Estates Fire Substation, Ramona, CA -
· Bachelor Enlisted Quarters, Fallon, NV
· Insight Electronics, San Diego, CA
· Family Fun Center, El Cajon, CA
Mrs. Suda completed the interior design and furniture specification package for La Mesa
Fire Station 12. Her responsibilities on this project included complete material and color
selection for interior finishes, as well as coordinating furniture selection through the Alpine
Fire Protection District Purchasing Department.
Mrs. Suda also recently completed the interior design, material and color selection for
Chula Vista Fire Station No. 4 and San Diego Fire Station No. 37. The Chula Vista project
includes both a 4,000 square foot Fire Station, as well as a 1,750 square foot Training
Facility. The San Diego Station 37 project involved material and color selections for an
8,500 square foot station.
RUDOLPH ,,~ ~L ETTEN
Frank Jones As the project executive, Mr. Jones is the key contact for your project. He
Project Executive will work closely with both the owner and the entire project team to
ensure all project goals for schedule, cost, and quality are achieved.
Education Mr. Jones will actively participate in design meetings, perform value
Purdue University analyses, cost option studies, and assist with cost estimates and
West Lafayette, IN scheduling. During the construction phase, he is responsible for
B.S., Building overseeing the construction management of the project. This includes
Construction & negotiating the project agreement, supervising the project manager,
Contracting reviewing the overall project schedule and job costs, plus working with
the owner to ensure that the overall performance of the project team
B.S., Organizational meets your objectives.
Leadership & Supervision
Following is a partial listing of projects which Mr. Jones has been
involved with:
References City of Encinitas, Balour Drive Fire Station No. 5 & Community
Project Management Senior Center, Encirdtas
Advisors, Inc. Construction management services, which include acting as Owner's
Mr. Ken Richter representative, for a 7,000sf fire station, 38,000sf Community/Senior
Vice President Center, and offsite public improvements to accommodate the two
(858) 453-3394 building projects.
$12,000,000/completed December 2001
Del Mar Partnership Sweetwater Union High School District, San Ysidro High School, San
Mr. David Kraft
Project Manager Diego
(858) 259-0903 208,000sfhigh school campus located on 52 acres in the Otay Ranch
development in San Diego. Consists of 16 buildings including
Universit3; of San Diego classrooms, gymnasium, cafeteria, and an administration building.
Mr. Tom Coffin $36,000,000/completion October 2002
Capital Planner
(619) 260-2966 Sweetwater Union High School District, Sweetwater Union High
School #11, Chula Vista
High school campus located on 52 acres in the Otay Ranch
development in Chula Vista. Consists of 14 buildings including
classrooms, gymnasium, cafeteria, and an administration building.
$41,000,000/completion August 2004
Frank Jones Sweetwater Union High School District, Mar Vista High School
(Continued) Renovation Phase IA, Imperial Beach
Construction management services for a new gymnasium-locker room-
shower facility, science classroom center, relocatable classroom
placement, exterior basketball and tennis courts, and related sitework.
$8,207,603/completion August 2002
Sweetwater Union High School District, Sweetwater Union High
School Renovation Phase IA, National City
Construction management services for a new gymnasium-locker room-
shower facility, science classroom center, relocatable classroom
placement, exterior basketball and tennis courts, and related sitework.
$8,703,799/completion August 2002
University of California, Senior Behavioral Health Center, San Diego
8,087sf senior behavioral health unit including a recreation room,
nurse station, team room and patient rooms at the UCSD Medical
Center.
$2,400,000/completed June 2002
University of California, Cogeneration Plant Addition, San Diego
10,094sf addition of three new structures to the existing central utility
plant on campus.
$1,800,000/completed April 2001
University of San Diego, Joan B. Kroc Institute for Peace and
Justice, San Diego
90,000sf two-story steel frame structure over a two-level 86,000sf
subterranean concrete parking garage. Interior spaces include an
auditorium, multi-purpose rooms, classrooms, conference centers,
recording studio, and food service area. Project also includes
landscape, site work, building services, and utilities, as well as a
separate 5,000sf residential building for visiting dignitaries.
$27,000,000/completed August 2001
University of San Diego, Science and Technology Center, San Diego
150,000sf 4-story building housing teaching and faculty laboratories,
lecture rooms, classrooms, faculty offices, conference rooms, break
rooms, and 150 fumehoods. The structure reflects 16th century
Spanish Renaissance architecture as required by USD.
$38,000,000/completion April 2003
Frank Jones Tarbut V'Torah Community Day School, K - 12, Irvine
(Continued) Seven buildings totaling 53,000sfincludes: classrooms for grades K-
12, computer labs, science labs, concrete tilt-up gymnasium, sports
field, basketball courts, kitchen and service area, and multipurpose
building. Design is based on typical construction of Israel school.
$10,000,000/completed July 1997
SeaWorld of California, Pirates 4-D, San Diego
15,000sf renovation and modification to the "Windows to the Sea"
building to provide a 740 seat, four-dimensional theater.
Withheld at Client's Request/completed April 2000
San Diego Museum of Art, Museum Renovation, San Diego
30,000sf renovation of operational Museum of Art including gallery
enhancements, entry/rotunda, office areas, auditorium, outside
caf6/dining area, and gif~ shop. Project includes a complete
renovation of the I-IVAC system and associated electrical system.
$6,000,000/completed January 2001
Kaiser Permanente, Rancho San Diego Medical Office Building, San
Diego
45,000sf construction of a two-story medical office building.
$8,000,000/completion April 2003
Elan Pharmaceuticals, Interior Improvements, San Diego
38,000sf complete buildout of third floor tenant improvement in an
existing three-story facility.
$2,650,000/completed March 2002
The Scripps Research Institute, Skaggs NMR Center Addition, La
Jolla
4,300sf addition to house six nuclear magnetic resonance instruments.
$653,000/completed August 1996
The Scripps Research Institute, Stein Building Upgrade Phases I &
II, La Jolla
82,750sf remodel of existing/operating laboratory and support space.
Includes a complete building mechanical, electrical, and fire alarm
infrastructure replacement.
$8,400,000/completed August 1999
Frank Jones The Scripps Research Institute, Nuclear Magnetic Resonance
(Continued) Building 4, La Jolla
11,000sf wood frame building houses four nuclear magnetic
resonance instruments. Project also included the addition of 100
space parking lot.
$2,500,000/completed July 1998
Sun Microsystems, R&D Campus Buildings 15-18 Phase II TI's,
Menlo Park
560,000sf tenant improvements in four new shell buildings.
Construction included conference rooms, dining rooms, theater, demo
rooms, kitchen, and support staff areas.
$28,000,000/completed August 1996
Apple Computer, R&D Campus, Cupertino
856,000sf 6 building Computer R&D Facility, including 300 seat
auditorium and full dining and conferencing facilities
$117,000,000/completed 1993 '~
Apple Computer, De Anza Building 3 TI's, Cupertino
220,000sf, four story, renovation of networking research and
development facility. Project included a cafeteria and auditorium
remodel.
$8,637,000/completed September 1990
Grosvenor International, Stevens Creek Shopping Center, San Jose
128,400sf shopping center remodel into state-of-the-art convenient
store center of 20 different stores and eateries
$7,000,000/completed December 1995
RUDOLPH~SLETTEN
Barry G.W. Choy As project manager, Mr. Choy is directly responsible for negotiating and
Project Manager administering contracts, supervising project superintendents and
engineers, monitoring job costs and schedules, and working closely with
the architect and owner to ensure the project is completed on time and
Education within budget. If preconsmaction services are required, Mr. Choy will
University of Hawaii attend design meetings, perform value analyses, and assist the estimating
Honolulu, HI staff with budgeting and scheduling.
B.X, Civil Engineering
Following is a partial listing of projects which Mr. Choy has been
University of California involved with:
San Diego, CA
Professional Certificate Scripps Memorial Hospital, 1N.I.C.U. Remodel, San Diego
in Hazardous Waste 3,630sf conversion of nurse's station into nursery, charting room, and
Management work room.
$678,000/completion November 2002
Scripps Memorial Hospital, Emergency Room Remodel, San Diego
3,500sfreconfigure existing emergency room reception area.
$350,000/completion January 2003
References Santa Ana Police Administration & Holding Facility, Santa Ana
Smith Consulting 240,000sf four-story building designed to house all operational and
Architects
Mr. Jon Ohlson administrative functions of the Police Department. 170,000sfHolding
Architect Facility consisting of four-stories, a partial basement, two mezzanines
(858) 793-4777 and jail cells. 100,000sftwo-story parking structure complet6 with a
two tier Firing Range. 900sf structure linking the Holding Facility
Patrick Development with the Orange County Intake and Release Center. $32,000,000
Mr. Jerry Alford * Paradise Valley Hospital, ICU, CT Scan, Nurse Call Station,
Owner's Representative Emergency Generator Building, Electrical Distribution,
(858) 490-3330 Angiographic Suite, Medical Records, Conference Rooms and
Doctor's Suite, National City
Brian Paul & Associates
Mr. Dun'el Fullbright * City of Santa Ana, Police Administration and Holding Facility,
Arc~tect Santa Ana
(858) 453-1200 * Mesa View, Mesa View Plaza, San Diego
Paradise Valley Hospital * Monarch, Scripps Ranch, Buiding A, San Diego
Ms. Rochelle Palinka * Wireless Facilities, Tenant Improvements, San Diego
Owner's Representative
(619)470-4321 * Spieker Properties, Bridge Pointe Corporate Centre, San Diego
· Lucent Technologies, Lucent Titania, Carlsbad
· Greystone Homes, Tenant Improvements, Carlsbad
Barry G.W. Choy * Spieker Properties, Pacific Ridge Corporate Center, Carlsbad
(Continued) · Pacific Bell, Telephone Exchange, Rancho Santa Fe
· Cymer, Inc., Laser Laboratories, San Diego
· Aonix, Tenant Improvement, San Diego
· Isis Pharmaceuticals, Laboratory Renovation, Cartsbad
· Hybritech, Pharmaceutical Clean Room Expansion and Remodel,
San Diego
· Alcoa Electronic Packaging, Cleanroom and Manufacturing
Expansion, Rancho Bernardo
· United Parcel Service, Soto Facility, Los Angeles
· United Parcel Service, Pacific Park, Aliso Vicjo
· Burbank Airport, Airport Concourse Area, Burbank
· Saudi Petrochemical, Refinery, A1-Jubbail, Saudi Arabia
· Exxon, Duck Island, Prudhoc Bay,
Dan Dell As superintendent, Mr. Dell has direct responsibility for quality
Superintendent workmanship, on time scheduling and keeping within the budget on each
project. He initiates, coordinates and supervises all field operations from
the beginning of the project until completion and acceptance by the
Education owner.
Northern Arizona
University Following is a partial listing of projects which Mr. Dell has been involved
Flagstaff, Arizona with:
Carpenter's Sweetwater Union High School District, Mar Vista High School
Apprenticeship Program Renovation Phase IA, Imperial Beach
(Union) Construction management services for a new gymnasium-locker room-
Phoenix, AZ shower facility, science classroom center, relocatable classroom
placement, exterior basketball and tennis courts, and related sitework.
$8,207,603/completion August 2002
References Martin Luther King Hospital, Trauma Building, Los Angeles
200,000sfbase isolated five-story building.
Quorex Pharmaceuticals $40,000,000/completed January 1996
Ms. Dolores Lambert
Facilities Manager Children's Hospital, Patient Care Wing, San Diego
(760) 602-1910 90,000sf shell and complete build out of full service hospital
$36,000,000/completed February 1993
Johnson & Johnson Kaiser Permanente, Medical Office Building, San Diego
Pharmaceutical Research 45,000sf construction of a two-story medical office building.
& Development, L.L.C. $8,000,000/completion April 2003
Mr. Steve Schuetzle
Maintenance Supervisor Chiidrens Hospital Los Angeles, Department of Water and Power
(858) 450-2010 Electrical Substation Phase I, Los Angeles
5,000sf electrical substation including transformers, switchgear, and
Carrier Johnson automatic transfer switches for existing hospital complex.
Mr. Steve Schrader $2,927,356/completed December 1997
Project Manager Tempe St. Luke's Emergency Room Remodel, Tempe
(619) 239-2353 3,000sf remodel including complete demolition for new waiting
room, reception, and records keeping spaces.
$1,000,000/completed October 1983
The Immune Response Corporation, Tenant Improvement, Carlsbad
10,637sf tenant improvement of an existing 27,000sf shell building to
create office and support space.
$697,170/completed March 1999
Dan Dell Maryvale Hospital, Phoenix
(Continued) 240,000sf 256 bed full-service new 7-story above ground hospital
including a 2-story basement
$38,000,000/completed December 1978
Marieopa County Hospital, Phoenix
Shell addition to existing hospital including concrete stairwork and
caison foundations
$1,000,000/completed 1974
Immusol Incorporated, Tenant Improvement, San Diego
23,000sfremodel of an existing office space for conversion to 70%
laboratory and 30% office space.
$1,100,000/completed July 2000
Triad Therapeutics, Laboratory TI's, San Diego
15,000sf interior buildout of existing shell space, including addition
of second floor structural system, office, lab, and vivarium.
$1,900,000/completed January 2000
Epicyte Pharmaceutical, Inc., Lab, Vivarium, and Office Tenant
Improvements, San Diego
15,000sfbiology laboratory, vivarium, and office buildout. Building
included reception area, offices, conference rooms, procedure, and
animal holding rooms.
$1,400,000/completed September 1999
Krausz Puente L.L.C., Puente Hills Mall S.E. Entries, City of Industry
Provided new and improved entrances for the exterior of the existing
mall. Also included changes to the road that transverses the exterior
of the mall.
$1,224,561/completed December 1998
Krausz Puente L.L.C., Borders Book Store, City of Industry
25,000sfmodification to existing shell space. Included new structure
to floor loading, stairwell, elevator, and storefi'ont.
$629,920/completed July 1998
Krausz Puente L.L.C., T.G.I. Friday's Restaurant Pad, City of
Industry
Utility pad installation and underground utility coordination with
newly constructed restaurant pad.
$131,418/completed September 1998
RUDOLP SLETTEN
Dan Dell The Krausz Companies, Inc., East Anchor Renovations Phase I, City
(Continued) of Industry
66,000sf installation of seismic bracing at a former JCPenney's
building. Fill-in deck openings at mall interior.
$563,569/completed April 1998
The Krausz Companies, Inc., Puente Hills Mall, AMC Theater
Complex, City of Industry
Asbestos abatement and demolition of an existing 3-story concrete
structure and construction of a 20 screen, 4,056 seat AMC movie
theatre.
$12,000,000/completed April 1997
Scripps Health, Linear Accelerator Phases I and II, La Jolla
Arch/tectural, structural, mechanical, and electrical renovations to
convert a medical examination space into a Linear Accelerator space
and control room.
$2,000,000/completed March 2001
Johnson & Johnson Pharmaceutical Research & Development,
L.L.C., Phase I Tenant Improvement, San Diego
10,000sf consisting of demolition of some interior partitions, ceiling
systems, floor covering and the installation of new partitions,
casework ceilings, moveable partitions, HVAC systems, and all
related finishes.
$291,991/completed October 1996
San Diego Gas & Electric Company, Warehouse Retrofit, San Diego
30,000sf project which included seismically bracing the tilt-up wall
with the roof structure, adding additional beams for renailing to the
roof structure, and welding the existing beam-to-column connections.
$94,994/completed August 1996
IDEC Pharmaceuticals, Small Scale Manufacturing Area, San Diego
2,500sf of existing research laboratory space was converted to
manufacturing space. Exit corridors and adjacent spaces were
modified to accommodate new configuration. Work was phased and
completed in two shifts to mitigate disruption to the building
occupants.
$1,200,000/completed February 1997
Dan Dell IDEC Pharmaceuticals, Cold Storage & Testing Facility, San Diego
(Continued) 12,814sfremodel of existing warehouse facility included soft and
hard demolition, new environmental rooms, three new portable Class
100 clean rooms, fume hood and all related M.E.P. trades.
$707,000/completed December 1996
IDEC Pharmaceuticals, Office Tenant Improvements, San Diego
30,000sf, three-story, office tenant improvement for IDEC's
engineering, marketing, and accounting departments.
$895,400/completed November 1996
IDEC Pharmaceuticals, GLF - Storage Building, San Diego
1,500sf masonry building for IDEC's maintenance department
workshop and office space.
$150,000/completed April 1997
Harrington Arthritis Research Center, Phoenix
Shell and build out of office, conference rooms, research labs, and
vivarium.
$4,000,000/completed August 1984
Whittier Institute of Diabetes & Endocrinology, La Jolla
Two-story shell with half basement and exposed structural steel
fi.me.
$3,000,000/completed March 1982
Cathedral City High School, New Addition, Cathedral City
Four classroom wings added to existing operating campus.
$6,000,000/completed August 1993
Seottsdale Fashion Square Shopping Center, Scottsdale
Renovation and addition of regional shopping center.
$18,000,000/completed June 1991
· Mercy Hospital Parking Garage, San Diego
· Burroughs, Microelectronics Facility, Clean Room, San Diego
· Maryvale High School Addition, Phoenix
· Frito Lay Food Products, New Manufacturing Facility, Casa
Grande
· Disney Northside Commissary, Tenant Improvement Buiidout.
Burbank
Leigh Proudfoot As assistant chief estimator, Mr. Proudfoot is responsible for preparing
Assistant Chief Estimator budget estimates on negotiated projects and quantity take-off type
estimates on both negotiated and competitively bid projects. In addition,
he is responsible for managing preconstruction services, as well as project
Education construction.
University of Melboume
Civil Engineering Following is a partial listing of projects which Mr. Proudfoot has been
involved with:
University of East Africa
Diploma of Education Sweetwater Union High School District, San Ysidro High School, San
Diego
208,000sf high school campus located on 52 acres in the Otay Ranch
development in San Diego. Consists of 16 buildings including
References classrooms, gymnasium, cafeteria, and an administration building.
The Matrix Group $36,000,000/completion October 2002
Mr. Ward Deems Sweetwater Union High School District, Sweet~vater Union High
President School #11, Chula Vista
(541) 385-7664 High school campus located on 52 acres in the Otay Ranch
development in Chula Vista. Consists of 14 buildings including
Johnson & Johnson classrooms, gymnasium, cafeteria, and an administration building.
Pharmaceutical Research $41,000,000/completion August 2004
& Development, L.L.C. University of California, Eleanor Roosevelt College Housing &
Mr. Steve Schuetzle Dining Facility, San Diego
Maintenance Supervisor Construction of 20 student housing buildings and three dining and
(619) 450-2010 conference buildings.
Carder Jolmson $81,000,000/completion July 2003
Architects Johnson & Johnson Pharmaceutical Research & Development,
Mr. Gary Mangham L.L.C., Parking Structure, San Diego
Architect Four-story parking structure with 527 spaces; two levels above grade,
(714) 955-2353 one level on grade and one level below grade.
$7,000,000/completed July 2002
Johnson & Johnson Pharmaceutical Research & Development,
L.L.C., Pharmaceutical Research Institute Phase I, San Diego
123,000sf2-story lab plus basement. Labs are 60% biology and 40%
chemistry. Also includes vivarium, full kitchen, auditorium, 3-story
atrium and central plant.
$32,000,000/completed May 1999
RUDOLPH~LETTE~
Leigh Proudfoot Johnson & Johnson Pharmaceutical Research & Development,
(Continued) Pharmaceutical Research Institute Phase II, San Diego
Phase II Expansion of existing new discovery laboratory. PPd campus
to include a new 3-story laboratory building, four-story parking
garage, vivarium, and co-generation plant.
$62,000,000/comptetion January 2004
San Diego Museum of Art, Museum Renovation, San Diego
30,000sf renovation of operational Museum of Art including gallery
enhancements, entry/rotunda, office areas, auditorium, outside
caf6/dining area, and gift shop. Project includes a complete
renovation of the HVAC system and associated electrical system.
$6,000,000/completed January 2001
The Scripps Research Institute, Stein Building Upgrade Phases I &
II, La Jolla
82,750sf remodel of existing/operating laboratory and support space.
Includes a complete building mechanical, electrical, and fire alarm '
infrastructure replacement.
$8,400,000/completed August 1999
University of San Diego, Science and Technology Center, San Diego
150,000sf 4-story building housing teaching and faculty laboratories,
lecture rooms, classrooms, faculty offices, conference rooms, break
rooms, and 150 fumehoods. The structure reflects 16th century
Spanish Renaissance architecture as required by USD.
$38,000,000/completion April 2003
University of San Diego, Joan B. Kroc Institute for Peace and
Justice, San Diego
90,000sf two-story steel frame structure over a two-level 86,000sf
subterranean concrete parking garage. Interior spaces include an
auditorium, multi-purpose rooms, classrooms, conference centers,
recording studio, and food service area. Project also includes
landscape, site work, building services, and utilities, as well as a
separate 5,000sf residential building for visiting dignitaries.
$27,000,000/completed August 2001
The Salk Institute, Salk Animal Facility Expansion, La Jolla
27,000sf expansion to an existing facility for construction of a new
subterranean vivarium.
$10,500,000/completed November 2001
Leigh Proudfoot The Salk Institute, Plant Biology Laboratory, La Jolla
(Continued) 12,324sfincluding thc buildout of second floor plant biology
laboratories. First level included a buildout of offices, conference
room, kitchen, and microscopy laboratory with a dark room.
$2,020,000/completed May 2000
Schering-Plough, Canji/Syntro Relocation, San Diego
Relocation of two Schering-Plough Subsidiaries, Canji and Syntro from
two separate leased spaces into an existing 50,000sf lab/office building.
$1,500,000/completed January 1999
CYMER, Inc., Building CSD~2 Manufacturing, Clean Room, and
Office TI's, San Diego
This fast track project involved the renovation of a two-story tilt-up
building totaJing 118,000sf. Thc project was broken into five (5)
significant phases with 23,000sfofClass 10,000 clean room space.
An office mezzanine was added inside the building, as well as a major
upgrade to the central plant. The project was constructed around
CYMER's operating class 10,000 test labs.
$15,700,000/completed February 1998
· Warner Bros., Sound Stage, Burbank
· Puente Hills Mall Renovation, Puente Hills
· R.W. Johnson P.R.I., New Laboratory, La Jolla
· Tierrasanta Business Park, San Diego
· Cheese Manufacturing Facility, Corona
· United Packing Facility, Sangcr
· Fisher Land Office Park, Fresno
· Fox Studios, Executive Screening Rooms S & Z, Remodel, Century
City
· Merrithew Memorial Hospital, Hospital Expansion, Merrithew
· U.C. Davis Medical Center, Tower II, Hospital Expansion,
Merrithew
· Emmauual Medical Center, Hospital Expansion, Turlock
· St. Agnes Hospital, Hospital Expansion, Fresno
· R.W. Johnson, Lab & Office Remodel, La Jolla
· Park Hotel at Coronado, New Resort Facility, San Diego
Leigh Proudfoot * Del Mar Race Track, Grandstand Replacement, Del Mar
(Continued) * 350 Ash Office Building, San Diego
· Sorrento Towers Office Building, San Diego
· Sharp Chula Vista Community Hospital, Hospital Expansion,
Chula Vista
· Sheraton Harbor Island West, Remodel, San Diego
· San Diego Convention Center Expansion, San Diego
· The Park Coronado Hotel, San Diego
· Sun City Hospital, Sun City
· McDonnell Douglas Center Office Building, Los Angeles
· Moreno Valley Hospital, Morcno Valley
· Mercy Southwest Hospital Replacement Facility, Bakersfield
· Grandstand Replacement, Del Mar
· Martin Luther King Hospital, Trauma Center Addition, Los
Angeles
Miscellaneous Information
Miscellaneous Information
Financial Arrangements for D/BT Members
Rudolph and Sletten will take the lead for this project and contract with the City of Chula Vista.
Jeff Katz Architecture will be a professional services consultant for the fees listed in Section
Nine. The other design consultants listed in Section Seven will be contracted with Jeff Katz
Architecture for the fees in Section Nine.
Exceptions to RFP
We take no exceptions to this RFP except that we are concerned that the design preparation and
review durations are possibly aggressive. We are prepared to focus our resources on the design
process to meet the schedule. However, a successful design process requires extensive Owner
input and interaction which will be challenging with the limited design duration.
Receipt of Addenda
We have received all addenda issued to this RFP (Clarification of Information dated August 5,
2002).
Contractor's License
Rudolph and Sletten is properly licensed in the State of California.
Class: License #: Expiration:
A and B 198069 9/30/03
Bonding
At the end of this section, we have included a letter issued by our bonding company indicating
our ability to be bonded.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Re: Rudolph and Sletten, Inc.
To Whom It May Concern:
St. Paul Fire and Marine Insurance Company, is the surety for Rudolph and Sletten, Inc.
This contractor has been a valued surety client for the past 20+ years with a bonding
capacity in excess of $500,000,000. Our experience with the company has been most
satisfactory.
We would favorably consider a request from Rudolph and Sletten, Inc. to provide the bid,
performance and payment bonds that may be required. Such prequalification and
approval would be conditioned on applicable underwriting and considerations such as:
contract terms, bond forms, and confirmation of satisfactory financing, and a favorable
review of current underwriting information at the time of the request for the bond(s).
This letter is not an assumption of liability, nor is it a bid bond or a performance bond. It
is issued as a bonding reference requested of us by our client. If you should need any
additional information, please do not hesitate to contact our office.
Sincerely,
ST PAUL FIRE AND MARINE INSURANCE COMPANY
Peter Harnrnett
Vice President]Surety
Schedule of Rates and Fees
Schedule of Rates and Fees
Design and Preconstruction Services
The enclosed spreadsheet entitled "Design and Preconstmction Services" provides our estimate
for design and preconstruction services. This spreadsheet indicates the number of milestone
estimates and hours we anticipate to properly manage the design and preconstruction process.
As this spreadsheet indicates, we have calculated the total design and preconstruction services
costs to equal $297,578.
General Conditions
We have calculated the total General Conditions based on a 7-month construction duration. The
enclosed spreadsheet provides a detailed breakdown of our general conditions, which totals
$186,682.
The items listed as "cost of work" will be competitively bid by the trades.
Cost of Work Multipliers
Our fee is 3.75% of the total cost of the work.
Our liability insurance rate is $8.00/$1,000 based on the total cost of work.
Change Orders
Our fee is 3.75% of the total cost of the work.
Our liability insurance rate is $8.00/$1,000 based on the total cost of work.
Payment and Performance Bond Rates
Our Payment and Performance Bond rate is 0.78%
Safety Program
Rudolph and Sletten prides itself on being the safest building contractor in California in its size
category. We have won many awards over the years, both state and national. Our safety record is
five times better than the average for California contractors in our size category. Our Workers
Compensation Insurance manual rate modifiers are as follows:
1995 1996 1997 1998 1999 2000 2001
63% 58% 53% 60% 75% 76% 78%
Rudolph and Sletten is a nationally recognized leader in construction project safety. It is our
firm belief that all injuries can be prevented and we will take every possible step to make that
belief a reality. This commitment is shared by each of member our Project Team and anything
less will not be tolerated.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Schedule of Rates and Fees
The keys to a successful safety program are awareness, clear communications, genuine concern
for worker safety and the development of a "can do" attitude and team approach to accident
prevention.
Since our inception, Rudolph and Sletten has focused a tremendous amount of management
energy on providing a safe work place for our employees and our clients. Examples of Rudolph
and Sletten's safety program include monthly safety dinners for Rudolph and Sletten
Supehntendents, Foremen and Jobsite Safety Coordinators, an in-house safety department, and
Jobsite Safety Coordinators assigned to each project.
A successful safety program not only results in cost savings for our clients, but also is good
business. Rudolph and Sletten has not been cited in the last five years. We have been successful
in our safety efforts because we have established an effective injury prevention program that
employs continuous leadership and effort by everyone involved: management, job supervision,
and our crafts people themselves. We treat safety as an integral part of production and believe
that the two cannot be separated. It is for these reasons that we require all workers on our
projects to attend weekly safety meetings, as well as view our safety orientation video. Each
project has it's own safety team and program that integrates the policies and provisions of the
Company's Program, tailored to meet specific project needs.
Safe(v Award: In 1994 and 1996, Rudolph and Sletten received the Association of General
Contractor's Award for the best safety program and safest Contractor in California. In 1996 with
over 1,321,292 no lost time injury man-hours, we were co-champions of a national award given
by the Associated General Contractors of America.
Preliminary Schedule
We have provided a preliminary schedule at the end of this section.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
RUDOL ETTEN
Design and
Preconstruction Services
RUDOLPH & SLETTEN & JEFF KATZ ARCHITECTURE - DESIGN & PRECONSTRUCTION SERVICES
PROJECT: City of Chula Vista Fire Station No. 7
LOCATION: Chula Vista, CA
DATE: August 20, 2002
[DESIGN & PRECONSTRUCTION RECAP TOTAL REMARKS
SCHEMATIC DESIGN PHASE $ 48,000
SCHEMATID DESIGN ESTIMATE $ 5,698
DESIGN DEVELOPMENT PHASE $ 36,000
DESIGN DEVELOPMENT ESTIMATE $ 4,660
CONSTRUCTION DOCUMENT DESIGN PHASE $ 120,000
50% CONSTRUCTION DOCUMENT ESTIMATE $ 6,900
PROCUREMENT ASSISTANCE PROM DESIGN TEAM $ 5,000
PROCUREMENT $ 10,152
SCHEDULES $ 1,776
DESIGN MEETINGS $ 24,840 Weekly, 2 Hours average
CD QUALITY REVIEW $ 3,552
MISCELLANEOUS (Reimbursable) $ Printing
CONSTRUCTION ADMINISTRATION $ 31,000 Design team
TOTAL I~1
IPRECONSTRUCTION DURATION START END WEEKS
9/27102 1/31/03 18.00
Page 1
RUDOLPH & SLE3-TEN & JEFF KATZ ARCHITECTURE - DESIGN & PRECONSTRUCTION SERVICES
PROJECT: City of Chula Vista Fire Station No. 7 RUDOLPH ~"~ S]L ETT E N'
LOCATION: Chula Vista, CA ~
DATE: August 20, 2002 ............... *" ............
I DESIGN & PRECONSTRUCTION SERVICES ESTIMATE (Detail for page one summary)
SCHEMATIC DESIGN PHASE $ 48,000
Architectural $ 24,000
Civil Engineering $ 3,360
Structural Engineering $ 7,200
Mechanical Engineering $ 5,760
Electrical Engineering $ 5,760
Landscape Architecture $ 1,920
SCHEMATIC DESIGN ESTIMATE 58 Hrs $ 5,698
Estimator 20 Hrs $ 136.00 $ 2,720
Cost Engineer 20 Hm $ 56.00 $ 1,120
Mechanical Estimator 8 Hrs $ 111.00 $ 888
Electrical Estimator 8 Hrs $ 111,00 $ 888
Administrative Suppor~ 2 Hfs $ 41.00 $ 82
DESIGN DEVELOPMENT PHASE $ 36,000
Architectural $ 18,000
Civil Engineering $ 2,520
Structural Engineering $ 5,400
Mechanical Engineering $ 4,320
Electrical Engineering $ 4,320
Lanriscape Architecture $ 1,440
DESIGN DEVELOPMENT ESTIMATE 40 Hrs $ 4,660
Estimator 20 Hrs $ 136.00 $ 2,720
Cost Engineer 0 Hrs $ 56.00 $
Mect~anicaJEstimator 8 Hm $ 111.00 $ 888
Electrica~Estimator 8 Hrs $ 111.00 $ 888
Administrative Support 4 Hm $ 41.00 $ 164
CONSTRUCTION DOCUMENT DESIGN PHASE $ 120,000
Architectural $ 60,000
Civil Engineering $ 8,400
Structural Engineering $ 18,000
Mechanical Engineering $ 14,400
Electrical Engineering $ 14,400
Landscape Architecture $ 4,800
50% CONSTRUCTION DOCUMENT ESTIMATE 80 Hrs $ 6,900
Estimator 20 Hrs $ 136.00 $ 2,720
Cost Engineer 40 Hrs $ 56.00 $ 2,240
Mechanical Estimator 8 Hfs $ 111.00 $ 888
Electrical Estimator 8 Hrs $ 111.00 $ 888
Administrative Support 4 Hrs $ 41.00 $ 164
PROCUREMENT ASSISTANCE FROM DESIGN TEAM $ 5,000
Architectural $ 2,500
Civil Engineering $ 350
Structural Engineering $ 750
Mechanical Engineering $ 600
Electrical Engineering $ 600
Landscape Architecture $ 200
PROCUREMENT 132 Hfs $ 10,152
Estimator 20 Hrs $ 136.00 $ 2,720
Cost Engineer 40 Hfs $ 56.00 $ 2,240
Mechanical Estimator 16 Hrs $ 111.00 $ 1,776
Page 2
RUDOLPH & SLETI'EN & JEFF KATZ ARCHITECTURE - DESIGN & PRECONSTRUCTION SERVICES
RUDOLPH .v.~ SLETTE N
PROJECT: City of Chula Vista Fire Station No. 7
LOCATION: Chula Vista, CA
DATE: August 20, 2002
ElectdcalEstimator 16 Hrs $ 111.00 $ 1,776
Administrative Support 40 Hfs $ 41.00 $ 1,640
SCHEDULES 16 Hfs $ 1,776
Superintendent 16 Hrs $ 111.00 $ 1.776
DESIGN MEETINGS 122 Hrs $ 24,840 Weekly, 2 Hours average
Architectural 54 Hfs $ 136.00 $ 7,344 100%
Civil Engineering 5 Hfs $ 111.00 $ 599 10%
Structural Engineering 5 Hfs $ 111.00 $ 599 10%
Mechanical Engineering 5 Hfs $ 111.00 $ 599 10%
ElectricalEngineering 5 Hrs $ 111.00 $ 599 10%
Landscape Architecture 5 Hfs $ 111.00 $ 599 10%
Estimator 41 Hrs $ 136.00 $ 5,508 75%
MechanicalEstimator 8 Hrs $ 111.00 $ 899 15%
ElectricalEsfimator 5 Hrs $ 111,00 $ 599 10%
Project Manager 54 Hrs $ 111,00 $ 5,994 100%
Superintendent 14 Hrs $ 111,00 $ 1.499 25%
CD QUALITY REVIEW 32 Hrs $ 3,552
Estimator 0 Hfs $ 136.00 $ Included in estimates & procurement
Mechanical Estimator 0 Hrs $ 111.00 $ Included in estimates & procurement
EtectricalEstimator 0 Hfs $ 111.00 $ Included in estimates & procurement
Project Manager 16 Hrs $ 111.00 $ 1,776
Superintendent 16 Hrs $ 111.00 $ 1,776
CONSTRUCTION ADMINISTRATION $ 31,000
Architectural $ 15,500
Civil Engineering $ 2,170
Structural Engineering $ 4,650
Mechanical Engineering $ 3,720
Electrical Engineering $ 3,720
Landscape Architecture $ 1,240
MISCELLANEOUS (Reimbursable) $ Reimbursable
Printing & postage 1 Ls $
Page 3
RUDOL SLETTEN
General Conditions
.~.~t,{)f/.~.,. BUILDING AND PARK CONSTRUCTION A~FACHMENT D
~ GENERAL CONDITIONS WORKSHEET
C~I~ OI~
CHUIA VISTA
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
PROJECT PERSONNEL
Proiect Manager - Barry Choy (1/4 Time) 8 WKS 3217.73 25,742
Proiect Superintendent - Dan Dell (Full Time) 32 WKS 2909.24 93,096
Proiect Engineer - TBD (1/4 Time) 8 WKS 1944.51 15~556
Field Office Coordinator - TBD (1/4 Time) 8 WKS 1308.56 10~468
Safety Inspector 32 WKS 113.94 3,646
SUBTOTALS 148~508
PROJECT SITE OFFICE
Temp. Office Mobilization/Demobilization I LS 4,588 4~588
Temp. Office Rental 7 MOS 500 3,700
Office Cleaning 7 MOS 150 1 ~110
Office Equipment - Computer, Copier~ Fax 7 MOS 250 1,850
Office Supplies 7 MOS 336 2,490
]-elephone Service - Pac Bell & Nextel 7 MQS 250 1,850
Postage, Courier, Federal Express 7 MOS 250 1 ~850
Small Tools Cost of Work
Protective Equipment/First Aid Supplies 1 LS 1500 1,500
SUBTOTALS 18~938
GENERAL EXPENSES
Repro. Costs/Coordination (Drwgs Only) 1 LS 500.00 500
Scheduling 7 MOS 150.00 1,110
IProgress Photos 7 MOS 150.00 1,110
;Insurance Cost of Work
Bonds Cost of Work
SUBTOTALS 2,720
TEMPORARY SERVICES
Toilets/Handwash Stations 7 MOS 575 4~255
Storage Container 7 MOS 250 1 ~850
Dumpster/Debris Box 7 MOS 650 4~810
Temporary Power (usa,qe only-install) Cost of Wot 7 MOS 300 2,220
Temporary Water 7 MOS 100 740
SUBTOTALS 13,875
.~.~,{f~.,. BUILDING AND PARK CONSTRUCTION ATTACHMENT
GENERAL CONDITIONS WORKSHEET
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
SITE SERVICES
Security Guard Services Cost of Work
Security Site Fencin~ Cost of Work
Barricades Cost of Work
Traffic Control Cost of Work
Dust Control Cost of Work
SUBTOTALS
MISCELLANEOUS ITEMS
Survey, Stakin,q & Restaking Cost of Work
Daily Clean Up Cost of Work
?inal Clean Up CostofWork
;SUBTOTALS
PROJECT VEHICLE EXPENSES 2,590
Trucks/Cars (Included in Labor Rates) In Labor Rates
Car Expense (Included in Labor Rates)
In Labor Rates
Fuel 7 MOS 350
SUBTOTALS 2,590
TOTAL GENERAL CONDITIONS ~
RUDOL ETTEN
Preliminary Schedule
I
mm
Additional Information
Additional Information
Insurance Coverage
Both Rudolph and Sletten, Inc. and Jeff Katz Architecture can meet the project's insurance
requirements. Rudolph and Sletten has provided a sample insurance certificate detailing our
coverage and policy limits at the end of this section.
ln-House Resources
Rudolph and Sletten has the capabilities to electronically communicate as well as transfer
documents with the Owner and Architect and the major subcontractors through any electronic
mail format.
Rudolph and Sletten is experienced with various intemet project communications management
software (BidCom, Cephron, Buzzsaw, etc.) While each has their strengths and weaknesses,
Rudolph and Sletten has selected ProLog Website as the electronic tool of choice. A recent
development by the vendor has created a Web
based management tool that utilizes the
ProLog Manager project tracking systems and
has added new features including photos,
schedule summaries, budget access, document '
control including letters, transmittals,
submittals, etc., as well as a design document
repositories - all accessible via a standard ~'~
Web browser.
Rudolph and Stetten also has the capabilities
to utilize CAD files. Working with the Jeff ....
Katz Architecture we can coordinate the as-builts information in CAD. This information would
be turned over to Owner at the end of the project. For communication purposes with
subcontractors and architects we would utilize the project drawings as CAD files.
Jeff Katz Architecture utilizes the latest in computer technology to aid in the overall coordination
and completeness of its projects. Computer equipment includes four IBM compatible pentium
900 computers with 256M RAM, with modem and CD-ROM capability. Programs include
WordPerfect and Microsoft Word (word processing), Microsoft Project (scheduling), and Excel
and QuatroPro (spreadsheet). Each person in the office is trained to use each of these programs,
as well as many others. All of our projects are produced on CADD, using AutoCad 2002.
Utilizing this technology allows us to better coordinate the many disciplines involved in any
complex architectural project. Printing and plotting of documents and drawings is completed in-
house using a series of HP printers and plotters, including HP Laserjet III, Deskjet 1220C and the
Designjet 750C plotter. Blueprinting is generally accomplished by utilizing outside vendors for
increased speed and productivity. Jeff Katz Architecture has all equipment necessary to see that
the projects are completed professionally and in a timely manner.
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
Additional Information
Self-Performed Work and Union Agreements
Rudolph and Sletten believes it is very important to self-perform traditional general contractor
work such as soft demolition, structural excavation, concrete formwork, placing and finishing as
well as rough carpentry and door/frame/hardware installation. We believe that performing work
with our own forces guarantees higher quality, schedule control, and additional cost savings to the
Owner. If self-performing these trades is mutually desirable for the City of Chula Vista and
Rudolph and Sletten, we would competitively bid the trade items which would have no impact to
our general conditions or insurance costs.
We do not foresee any issues with the local trade unions for this project. Our typical subcontract
bid list for this type of project has both union and non-union contractors who are familiar with
working together on projects regardless of union or non-union status.
We strongly promote a project team bid list, which allows for the Owner, Architect and General
Contractor to agree on the firms we contract for solicitation of bids. Additionally, Rudolph and
Sletten, Inc. has not experienced any union problems in the past twelve (12) years while building
in San Diego.
Our negotiated labor agreement contracts, including expiration dates, for San Diego are as
follows:
Carpenters (Buildinfi~ Contract) ] AGC of San Diego Dec.15, 2002
Cement Masons [ AGC of San Diego June 29, 2003
Laborers (Buildin~ Contract) Direct with Laborers Union June 14, 2003
Financial Statements
Rudolph and Sletten has provided confidential audited financial statements for the past three
years at the end of this section.
Projects Completed Last Year
We have provided a list of our projects completed in 2001-2002 at the end of this section.
Projects in Progress
We have provided a list of our projects in preconstmction and under construction at the end of
this section.
Current and Unresolved Claims
Project Name: ACS
Project Location: Temecula, CA
Owner/Client Name: Advanced Cardiovascular Systems
Nature of Claim: Dispute with Rudolph and Sletten regarding possible water infiltration
Dollar Amount of Initial Claim: Not available at this time
Design/Build Services - City of Chula Vista Fire Station No. 7
Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
PRQOUCER THIS CERTIFICATE IS ISBUED A~ A MA~ER OF INF~A~ON ONLY
P~KER, SMI~ & FEE~ INC. AND CONFERS NO ~G~S U~N THE CE~IFICATE HOLDE~ THIS
22~ 1 l~h Avenue N.E. CER~FICA~ ~ES NOT ~END, ~END OR ~TERTHE COVE~GE
~llevue, Washin~on 980~ AFFORDED ~ THE POLICIES BELOW.
Phone: 42~7~-3600 F~: 42~7~7460 INSU~RS ~FO~ING CO~GE
INSURED NSURER A: ZURICH ~ERICAN INSU~NCE C~PA~ A+
P.O, Box ~7 ~SURER C: NU I~U~NCE COMPA~ A~
Fos~r C~, CA ~637 ~SURER D: ~ERICAN GU~EE & L~BI~ INS. CO. A+
COVE~GES
~ C~[MS ~DE ~ OCCUR ~D ~ ~y
A GLO ~9530~1 1~0tN~1 10101~02 PERSO~L & ~V I~U~ $
RUDOLPH~SLETTEN
Financial Statement
RUDOLPH AND SLETTEN, INC.
Balance Sheets
September 30, 200t and June 30, 2000
(With Independent Auditors' Report Thereon)
Three Embarcadero Center
San Francisco, CA 94111
Independent Auditors' Report
The Board of Directors
Rudolph and Sletten, Inc.
We have audited the accompanying balance sheets of Rudolph and Sletten, Inc. as of September 30, 2001
and June 30, 2000. These financial statements are the responsibility of the Company's management. Our
responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance about
whether the balance sheets are free of material misstatement. An audit of a balance sheet includes
examining, on a test basis, evidence supporting the amounts and disclosures in that balance sheet. An audit
also includes assessing the accounting principles used and significant estimates made by management, as
well as evaluating the overall balance sheet presentation. We believe that our audits provide a reasonable
basis for our opinion.
In our opinion, the balance sheets referred to above present fairly, in all material respects, the financial
position of Rudolph and Sletten, Inc. as of September 30, 2001 and June 30, 2000 in conformity with
accounting principles generally accepted in the United States of America.
December 14, 2001
RUDOLPH AND SLETTEN, INC.
Balance Sheets
September 30, 2001 and June 30, 2000
Assets 2001 2000
Current assets:
Cash and cash equivalents $ 75,083,246 19,732,99l
Short-term investments 1,271,945 1,742,964
Receivables:
Currently due 102,692,449 106,603,421
Retained, due upon completion of contracts 46,517,042 31,548,545
Other 25,764 38,038
Costs and estimated earnings in excess of billings on
contracts in pro~ess 10,882,639 15,673,149
Investment in construction joint venture 70,803 464,045
Income taxes receivable 48,460 --
Deferred income taxes 47,102 1,190,934
Prepaid expenses and other current assets 4.589,659 2,112,373
Total current assets 241,229,109 179,106,460
Fixed assets, net 6,257,691 5.377,235
Due fi'om related parties 1,553,908 2,390,248
Other assets 5,652,881 4,296,958
$ 254,693.589 191,170,901
Liabilities and Stockholders' Equity
Current liabilities:
Accounts and subcontracts payable $ 183,512,741 143,990,473
Billings in excess of costs and estimated earnings on
contracts in progress 20,723,060 11,038,582
Income taxes payable 37,355 1,069,656
Accru ed expenses 24,171,241 15,754,114
Due to related parties 993,063 --
Total current liabilities 229,437,460 171,852,825
Stockholders' equity:
Class A common stock, no par value; authorized shares -
2.000,000; issued and outstanding shares - 412,020 4,120 4,120
Class B common stock, no par value; authorized shares -
10.000.000; issued and outstanding shares - 789,438
and 720,574 in 2001 and 2000, respectively 7,894 7,205
Paid-in capital 4,183,065 2,773,748
Retained earnings 21,061,050 16, I 19,378
Accumulated other comprehensive income - unrealized
change in fair value of investment securities, net of tax -- 413,625
Total stockholders' equity 25,256,129 19,318,076
$ 254,693,589 191.170,901
See accompanying notes to balance sheets.
2
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30, 2001 and June 30, 2000
(1) Operations and Accounting Policies
(a) Construction Contract Operations
Rudolph and Sletten, Inc. (the Company), a California corporation, provides general contracting.
engineenng and construction management services, primarily to the electronics, commercial
development, pharmaceutical, health care, and other commercial industries in the western United
States.
Gross profit from construction contracts is recognized under the percentage-of-completion method
whereby an estimated percentage of each contract, based on the ratio of costs incurred to the
Company's estimate of total anticipated costs, is applied to total estimated gross profit. Revisions in
cost and profit estimates made during the course of the work are refiected in the accounting period in
which the facts that require the revision become known. A provision is made currently for the entire
amount of any estimated future losses on contracts. The Company includes in contract revenues an
amount equal to costs incurred attributable to contract claims when realization of such revenue is
probable and the amount can be reliably estimated. Actual results of construction contracts may
differ from estimates used by the Company in recording gross profit on contracts in process, an~J
such differences could be material to the financial statements.
The classification of current assets and current liabilities is determined based on the Company's
contract cycle which generally exceeds one year. Accordingly, current assets and current liabilities
include amounts related to construction contracts in progress, which may not be received or paid
within one year.
(b) Use of Estitnates
The preparation of financial statements in conformity with generally accepted accounting principles
requires management to make estimates and assumptions that affect the reported amounts of assets
and liabilities and disclosure of contingent assets and liabilities at the date of the financial
statements. Actual amounts could differ from these estimates.
(c) Cash Equivalents
The Company's cash is held by two major financial institutions~ The Company records all highly
liquid securities with three months or less from date of purchase to maturity as cash equivalents. All
other securities that have maturities of one year or less are recorded as short-term investments. Cash
equivalents consist of money market funds and government securities carried at fair value, which
approximates cost as of September 30, 2001 and June 30, 2000.
3 (Continued)
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30, 2001 and June 30, 2000
(d) Short~Term Investments
Management determines the appropriate classification of investments in debt and marketable equity
securities at the time of purchase. Investments classified as available-for-sale are recorded at fair
value based on quoted market prices. Unrealized holding gains and losses, net of the related tax
effects, are excluded from earnings and reported as a separate component of other comprehensive
income until realized. Investments in debt securities are classified as held-to-maturity when the
Company has the positive intent and ability to hold them to maturity. The cost of held-to-maturity
securities is adjusted for amortization of premiums and accretion of discounts to maturity. Such
amortization is included in interest income along with earned interest and dividends. The cost of
securities sold is based on the specific identification method.
(e) Long-Lived Assets
Automotive equipment, construction equipment, office furniture and fixtures, and computer software
are carried at cost and depreciated over their estimated useful lives, which range from two to six
years, using straight-line and accelerated methods. Leasehold improvements are amortized over the
shorter of the lease term or their estimated useful lives.
Impairment losses are recognized on long-lived assets used in operations, such as fixed assets and
intangible assets, when indicators of impairment are present and the undiscounted cash flows
estimated to be generated by those assets are less than the carrying amount of the assets. The
impairment loss is based on the fair value of the assets.
Or) Investment in Construction Joint Venture
The Company has a 70% interest in a joint venture formed to perform a single construction project.
This investment is accounted for on the equity method.
(g) Income Tares
Deferred income taxes are computed using the liability method. Under this method, deferred tax
'assets and liabilities are determined based upon differences between the financiaI reporting and tax
bases of assets and Iiabilities and are measured using the enacted tax rates and laws that will be in
effect when the differences are expected to reverse.
(h) Stock-Based Compensation
The Company accounts for employee stock options in accordance with Accounting Principles Board
Opinion No. 25 and follows the disclosure-only alternative described in Statement of Financial
Accounting Standards (SFAS) No. 123, Acco~mtingfor Stock-Based Compensatiom Stock rights and
other variable awards are charged to expense over the related service period, which is generally the
vesting period.
4 (Continued)
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30, 2001 and June 30, 2000
(2) Short-Term Investments
Short-term investments consist of the following as of September 30, 2001 and June 30, 2000:
2001 2000
Available-for-sale:
Municipal bonds and certificates of deposit
(amortized cost approximates fair value) $ 1,105,505 880,000
Equity securities (including gross unrealized
holding gains orS0 and $713,145 in 2001
and 2000, respectively) 166,440 862,964
$ 1,271,945 1,742,964
Debt securities classified as available-for-sale mature at various dates ranging from 2002 to 2018.
(3) Fixed Assets -
Fixed assets consist of the following as of September 30, 2001 and June 30, 2000:
2001 2000
Automotive equipment $ 6,483,214 5,782,470
Construction equipment 5,206,721 4,657,699
Office furniture and fixtures 4,970,810 3,547,266
Leasehold improvements 2,148,758 1,843,323
Computer software 561,630 508~014
19,371,133 16,338,772
Less accumulated depreciation and amortization (13,113,442) (10,961,537)
$ 6,257,691 5,377,235
(4) Investment in Construction Joint Venture
Summary financial information of the Company's joint venture as of September 30, 2001 and June 30,
2000 follows:
2001 2000
Assets $ 101,147 8,491,601
£iabilities -- 7,828,679
Venturers' equity $ 101,147 662,922
Company's investment $ 70,803 464,045
5 (Continued)
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30, 2001 and June 30, 2000
(5) Bank Financing Arrangements
The Company has a $5,000,000 bank line of credit that expires on March 1, 2003. Borrowings under the
line of credit bear interest at either the bank's prime rate or LIBOR plus 2%. The line of credit agreement
includes covenants which require the Company to maintain certain financial ratios. Any borrowings under
the line of credit will be secured by one or more certificates of deposit maintained by the bank. As of
September 30, 2001, no line of credit borrowings have been made. This line of credit may be used to
finance standby letters of credit to a maximum of $2,500,000. As of September 30, 2001, there was one
outstanding letter of credit of $1,000,000 issued to guarantee performance on a construction project. The
letter of credit expired on November 15,2001.
(6) Income Taxes
The Company has elected S corporation status for both federal and California tax purposes, effective
July t~ 2000. As an S corporation, the Company generally is not subject to federal or state income tax,
except for a 1.5% California franchise tax. The Company's taxable income is includable in the tax returns
of the stockholders. The Company may also be subject to a corporate level tax on any built-in gains
existing as of July I, 2000 which are realized within ten years. Pursuant to SFAS No. 109, Accounting for
Income Taxes, substantially all of the net deferred tax asset existing at June 30, 2000 has been charged to
income tax expense as of July 1, 2000.
In connection with the S corporation eIection, the Company changed its fiscal year end to September 30.
The federal tax deposit required by the Internal Revenue Service in order to maintain a fiscal year end
amounted to $1,545,000 as of September30, 2001 and is included in prepaid expenses in the
accompanying balance sheet.
Deferred income taxes as of September 30, 2001 and June 30, 2000 reflect the net tax effects of temporary
differences between the carrying amounts of assets and liabilities for financial reporting purposes and their
income tax bases. Gross deferred tax assets of $1,490,454 as of June 30, 2000, relate primarily to accrued
expenses that are not currently deductible for income tax purposes; gross deferred tax liabilities of
$299,520 as of June 30, 2000, relate primarily to unrealized gains on marketable equity securities.
(7) Stockholders' Equity
(a) Common Stock
The Company's Class A and nonvoting Class B common stock is governed by stockholder
agreements. Upon notification that any stockholder wishes to sell any of the shares of common stock
owned or terminate employment with the Company, the Company is obligated to repurchase the
stock for cash at its book value.
In the event of the death of a stockholder, the Company is obligated to repurchase the stockholder's
common stock at its book value. As of September 30, 2001, the Company owned life insurance
policies on certain stockholders which would cover its obligations with respect to 175,668 shares of
Class A common stock and 24,095 shares of Class B common stock in the event of the death of the
stockholders.
6 (Continued)
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30, 2001 and June 30, 2000
(b) Stock Option Plan
Under the Company's 1994 Stock Option Plan (the Plan), 211,380 shares of Class B common stock
have been reserved for issuance upon the grant of incentive stock options or nonstatutory stock
options. The options granted become exercisable five years after the date of grant and expire ten
years after the date of grant. Common shares purchased under the Plan are subject to certain
restrictions, including those described above with respect to Class B common stock and the right of
first refusal by the Company for sale or transfer of these shares to outside parties. During the year
ended June 30, 1994, options to purchase 211,380 shares of Class B common stock at $6.99 per
share were granted. No additional options have been granted. Options to purchase 60,850 shares and
14,560 shares were exercised during the 15-month period ended September 30, 2001 and year ended
June 30, 2000, respectively, and options to purchase 700 shares and 300 shares were canceled during
the 15-month period ended September 30, 2001 and year ended June 30, 2000, respectively. As of
September 30, 2001, options to purchase 111,110 shares were outstanding.
(c) Stock Rights
During the year ended June 30, 2000, the Company granted stock rights for 68,000 shares of Class B
common stock to certain employees. The rights vest and the employees will receive the sha~es on
July I, 2005, with all rights terminating if an employee leaves the Company prior to the vesting date.
(8) Profit Sharing and Pension Plans
The Company has a 401(k) plan covering substantially all nonunion salaried employees. Under the
provisions of the plan, employees can defer up to 15% of their salaries or the legal maximum for this type
of plan, whichever is less. The Company matches 100% of the first 4% of salary which each employee
contributes to the plan. The Company may make additional contributions to the 401(k) plan at the
Company's discretion.
The Company also contributes to various trusteed pension plans under industry-wide agreements.
Contributions are based upon hours worked by employees and are funded on a current basis. Employer
contributions to the plan are charged to job costs.
(9) Fair Value of Financial Instruments
The carrying amounts of cash and cash equivalents, receivables, costs and estimated earnings in excess of
billings on contracts in progress, accounts and subcontracts payable, billings in excess of costs and
estimated earnings on contracts in progTess, and accrued expenses approximate fair value due to the short-
term maturity of these instruments. The fair values of debt securities and marketable equity securities are
based on quoted market prices. Management has determined that the carrying amount of balances due from
and to related parties approximates fair value.
7 (Continued
RUDOLPH AND SLETTEN, INC.
Notes to Balance Sheets
September 30 2001 and June 30, 2000
(10) Commitments and Contingencies
The Company leases certain of its operating facilities under noncancelable operating leases. Future
minimum rentals under noncancelable operating leases with terms ~eater than one year are as follows for
the years ending September 30:
2002 $ 1,427,371
2003 1,476,985
2004 1,206,375
2005 481,252
2006 291,179
Thereafter 679,417
$ 5,562,579
The Company is a party to a number of lawsuits and claims arising in the normal course of business.
Claims arising from certain construction contracts have been made against the Company by project owners
and subcontractors. Management believes that certain of these claims will be covered by insurance. The
Company has also made some claims against project owners for costs incurred in excess of contract
amounts. Management believes that the outcome of these matters will not have a material adverse effect on
the Company's financial position or results of operations.
RUDOL SLETTEN
Projects Completed in 2001-2002
Rudolph and Sletten Completed Projects
2001-2002
Rudolph and Sletten
Completed Projects
2001-2002
Johnson & Johnson Owner: Johnson & Johnson Pharmaceutical Research
Pharmaceutical Research & Development, L.L.C.
Development, L.L.C. Owner Contact: Mr. Mark Loukides (858) 450-2000
Parking Structure Architect: Kling Lindquist
San Diego, CA Architect Contact: Mr. Robert Hsu (215) 569-2900
Contract Amount: $7,000,000
Completed: July 2002
The Salk Institute Owner: The Salk Institute
FirstFloorNE-RBIO Owner Contact: Mr. Garry Van Gerpen (858)453-4100
La Jolla, CA Architect: In-house
Contract Amount: $1,800,000
Completed: July 2002
California Institute of Owner: California Institute of Technology
Technology Owner Contact: Mr. Bill Nunez (626) 395-8700
Broad Center for Biological Architect: SmithGroup, Inc.
Sciences Architect Contact: Ms. Susan O'Connell (310) 586-5400
Pasadena, CA Contract Amount: $48,235,922
Completed: July 2002
NeurogesX Owner: NeurogesX
Office and Laboratory Owner Contact: Mr. Craig McGahey (650) 354-3339
Tenant Improvements Architect: CAS Architects, Inc.
· San Carlos, CA Architect Contact: Mr. Jose Cotto (650) 967-6600
Contract Amount: $2,000,000
Completed: June 2002
City of Hope Owner: City of Hope
Segments 9 and I0 Site Owner Contact: Mr. Terry Little (626) 359-8111
Utilities Architect: API Consultants
Duarte, CA Architect Contact: Mr. Ali Sadeghi (714) 708-8090
Contract Amount: $8,400,000
Completed: June 2002
Rudolph and Sletten Completed Projec~
2001-2002
RUDOLPH.~SLETTEN
Lucasfilm Ltd. Owner: Lucasfilm Ltd.
Big Rock Ranch Owner Contact: Mr. Matt Sherrill (415) 597-8413
Nicasio, CA Architect: Gensler and Associates
Architect Contact: Ms. Kate Carroll (415) 433-3700
Contract Amount: $73,000,000
Completed: June 2002
University of CaliJbrnia Owner: The Regents of the University of California
Latimer Hall, Seismic Safety Owner Contact: Mr. Rob Gayle (510) 6434061
Corrections Architect: Anshen + Allen
Berkeley', CA Architect Contact: Mr. Albert Lee (415) 882-9500
Contract Amount: $10,210,000
Completed: June 2002
University of California Owner: The Regents of the University of California
Barrows Hall, Seismic Owner Contact: Mr. Rob Gayle (510) 6434061
Safety Corrections Architect: Hansen/Murakami/Eshima Inc.
Berkeley', CA Architect Contact: Mr. Kearny Chun (510) 444-7959
Contract Amount: $17,000,000
Completed: June 2002
University of California Owner: The Regents of the University of California
Senior Behavioral Health Owner Contact: Mr. John Mattox (858) 822-2453
Center Architect: Taylor Architects
San Diego, CA Architect Contact: Ms. Terry Taylor (858) 273-2060
Contract Amount: $2,400,000
Completed: June 2002
XOMA Owner: XOMA
2K Fermentation Suite #3 Owner Contact: Mr. Michael Walsh (510) 644-1170
Berkeley, CA Architect: Alfa Tech
Architect Contact: Mr. Mark Cuzner (925) 906-1200
Contract Amount: $1,868,766
Completed: May 2002
University of California Owner: The Regents of the University of California
Hildebrand Hall, Seismic Owner Contact: Mr. Rob Gayle (510) 6434061
Safety Corrections Architect: Anshen + Allen
Berkeley, CA Architect Contact: Mr. Albert Lee (415) 882-9500
Contract Amount: $12,200,000
Completed: April 2002
Rudolph and Sletten Completed Projects
2001-2002
Stanford University Owner: Stanford University
School of Medicine, CBRL Owner Contact: Mr. Bijendra Sewak (650) 725-9262
Stanford, CA Architect: CAS Architects, Inc.
Architect Contact: Mr. Dick Smith (650) 967-6600
Contract Amount: $4,800,000
Completed: April 2002
,4lleCure Corporation Owner: AlleCure Corporation
Valencia Facility Owner Contact: Mr. JeffSilverman (818) 678-4215
Valencia, CA Architect: Hill Pinckert Architects
Architect Contact: Mr. Byron Pinckert (949) 863-1770
Contract Amount: $10,000,000
Completed: March 2002
Elan Pharmaceuticals Owner: Elan Pharmaceuticals
Interior Improvements Owner Contact: Ms. Mary Griffy (858) 320-7630
San Diego, CA Architect: McGraw/Baldwin Architects
Architect Contact: Mr. James Ferguson (619) 231-0751
Contract Amount: $2,650,000
Completed: March 2002
Johnson and Johnson Owner: Johnson and Johnson Worldwide Engineering Services
Worldwide Engineering Owner Contact: Mr. John Mohn (858) 450-2087
Services Architect: Dowler-Gruman Architects
Ortho McNeil Architect Contact: Mr. Mark Davis (650) 943-1660
Pharmaceutical Drug Contract Amount: $4,200,000
Delivery Division I Completed: February 2002
Redwood City, CA
Johnson and Johnson Owner: Johnson and Johnson Worldwide Engineering Services
Worldwide Engineering Owner Contact: Mr. John Mohn (858) 450-2087
Services Architect: Dowler-Gruman Architects
Ortho McNeil Architect Contact: Mr. Mark Davis (650) 943-1660
Pharmaceutical Drug Contract Amount: $4,000,000
Delivery Division II Completed: February 2002
Menlo Park, CA
Lightspeed Venture Owner: Lightspeed Venture Partners
Partners Owner Contact: Mr. Dave Markland (650) 561-0709
2200 Sand Hill Tenant Architect: Richard Pollack & Associates
Imt~rovements Architect Contact: Mr. Mike Ott (415) 7884400
Menlo Park, CA Contract Amount: $1,600,000
Completed: February 2002
Rudolph and Sletten Completed Projects
2001-2002
Read-Rite Corporation Owner: Read-Rite Corporation
CMP Project Owner Contact: Mr. Scott Hess (510) 683-7688
Fremont, CA Architect: Dowler-Gruman Architects
Architect Contact: Mr. Terry Higashi (650) 943-1660
Contract Amount: $1,700,000
Completed: February 2002
Xencor Owner: Xencor
Laboratory and Office Owner Contact: Mr. John Kuch (626) 305-5900
Tenant Improvements Architect: Krenek Design Group
Monrovia, CA Architect Contact: Ms. Kimberly Krenek (858) 558-5935
Contract Amount: $1,998,594
Completed: February 2002
Milberg Wiess Bershad O~vner: Milberg Wiess Bershad Hynes & Lerach LLP
Hynes & Lerach L£P Owner Contact: Ms. Kathleen Strozza (619) 231-1058
Office Tenant Improvements Architect: Jossy Carrier Design Group
San Diego, CA Architect Contact: Ms. Roi Jossy (619) 230-9211
Contract Amount: $1,000,000
Completed: January 2002
Sun Microsystems Owner: Sun Microsystems
Santa Clara Campus Owner Contact: Ms. Iris Gai (650) 960-1300
Phase II Architect: Dowler-Gruman Architects
Santa Clara, CA Architect Contact: Mr. Rick Call/son (650) 943-1660
Contract Amount: $56,000,000
Completed: January 2002
Watson Laboratories, Inc. Owner: Watson Laboratories, Inc.
Building 5 Expansion Owner Contact: Mr. Dilip Joshi (909) 270-1400
Corona, CA Architect: The Austin Company
Architect Contact: Mr. Butch Rowe (949) 453-1000
Contract Amount: $36,400,000
Completed: January 2002
Rudolph and Sletten Completed Projects
2001-2002
~DGLPH ~ SLETTEN
City of Hope Owner: City of Hope
Gonda Research Center Owner Contact: Mr. Terry Little (626) 359-8111
Duarte, CA Architect: AC Martin Partners
Architect Contact: Mr. Victor DeSantis (213) 614-6092
Contract Amount: $1,000,000
Completed: December 2001
Joseph E. Seagrams & Owner: Joseph E. Seagrams & Sons, Inc.
Sons, Inc. Owner Contact: Mr. Rick Houghtalling (707) 942-3465
Sterling Vineyards Architect: Backen Gillam Architects
Renovations Architect Contact: Mr. Paul Reynolds (707) 967-1920
Calistoga, CA Contract Amount: $6,079,245
Completed: December 2001
City of Encinitas Owner: City of Encinitas
BaIour Drive Fire Station & Owner Contact: Mr. Tom Tufts (760) 633-2804
Community Senior Center Architect: Dominy & Associates Architects
Encinitas, CA Architect Contact: Mr. Lew Dominy (619) 692-9393
(CMServices Only) Contract Amount: $12,000,000
Completed: December 2001
Jay Paul Company Owner: Jay Paul Company
Moffett Park Light Rail Owner Contact: Mr. Tim Hennessey (415)263-7400
Station Architect: Parsons Brinckerhoff
Sunnyvale, CA Architect Contact: Ms. Susannah Kerr Adler (415) 243-4600.
Contract Amount: $5,700,000
Completed: November 2001
Altera Corporation Owner: Altera Corporation
Parking Structure Owner Contact: Mr. Bob Wingo (408) 544-8049
San Jose, CA Architect: RMW Architecture + Design
Architect Contact: Mr. Russ Nichols (415) 781-9800
Contract Amount: $14,525,158
Completed: November 2001
The Sallt Institute Owner: The Salk Institute
Salk Animal Facility Owner Contact: Mr. Garry Van Gerpen (858) 453-4100
Expansion Architect: NBBJ
La Jolla. CA Architect Contact: Mr. Josh Cohn (415) 981-I 100
Contract Amount: $10,500,000
Completed: November 2001
Rudolph and Sletten Completed Projects
200]-2002
R~JDOLPH SLETTE~
Genitope Corporation Owner: Genitope Corporation
Laboratory Renovation, Owner Contact: Mr. Jose Fernandez (650) 782-2000
Phase I Architect: WHL Architects + Planners
Redwood City, CA Architect Contact: Mr. David Vartanian (408) 730-9500
Contract Amount: $1,900,000
Completed: November 2001
Copia: The American Owner: Copia: The American Center for Wine, Foodandthe
Center Arts
for Wine, Food Owner Contact: Mr. Michael McKaig (510) 655-7385
and the Arts Architect: Polshek Partnership Architects LLPFFong &Chan
Napa, CA Architect Contact: Ms. Joy Wong (212) 807-7171
Contract Amount: $40,000,000
Completed: November 2001
B. Braun Medical, Inc. Owner: B. Braun Medical, Inc.
Exterior Improvements Owner Contact: Mr. Tom Hartman (949) 660-2000
Irvine, CA Architect: Ware & Malcolm Architects Inc.
(CMServices Only) Architect Contact: Mr. David Oh* (310) 453-2800
(*Now with HLW International)
Contract Amount: $1,755,350
Completed: October 2001
University of California Owner: The Regents of the University of California
Bertozzi Lab Remodel Owner Contact: Mr. Michael Ordonia (510) 642-3850
Phase II Architect: Anshen + Allen
Berkeley, CA Architect Contact: Mr. Don Williams (415) 882-9500
Contract Amount: $1,640,000
Completed: October 2001
Jay Paul Company Owner: Jay Paul Company
Pacific Shores Center Owner Contact: Mr. Jay Paul (415) 263-7400
(Shell Only) Architect: DES Architects + Engineers
Redwood City, CA Architect Contact: Mr. Craig Ivancovich (650) 364-6453
Contract Amount: $185,000,000
Completed: October 2001
Nuance Owner: Nuance
Pacific Shores Center, Owner Contact: Ms. Carla Mendez (650) 847-7000
Building 3 Tenant Architect: Gensler and Associates
Improvements Architect Contact: Ms. Kim Dale (415) 433-3700
Redwood City, CA Contract Amount: $18,110,192
Completed: October 2001
Rudolph and Sletten Completed Projects
2001-2002
R~JDOLPH~ ~LETTEI~
Broadvision Owner: Broadvision
Pacific Shores Center, Owner Contact: Mr. Kevin Fitzgibbon (650) 261-5100
Buildings 4, 5, and 6 Tenant Architect: DES Architects + Engineers
Improvements Architect Contact: Mr. Mark Hutchinson (650) 364-6453
Redwood City, CA Contract Amount: $51,784,179
Completed: October 2001
Veritas Software Owner: Veritas Software Corporation
Corporation Owner Contact: Mr. Derek Huffman (650) 527-8000
Corporate Campus Architect: HOK
Mountain View, CA Architect Contact: Mr. Richard Dowd (415) 243-0555
Contract Amount: $85,000,000
Completed: October 2001
Joined Owner: Jomed
Clean Room Tenant Owner Contact: Mr. Adam Clark (916) 638-8008
Improvements Architect: Glass Architects
Rancho Cordova, CA Architect Contact: Mr. Rob Cardin (707) 544-3920
Contract Amount: $2,500,000
Completed: October 2001
Sacred Heart Schools Owner: Sacred Heart Schools
West Wing Renovation Owner Contact: Ms. Sherlene Pjesky (650) 4734007
Atherton, CA Architect: Corlett Skaer & DeVoto Architects
Architect Contact: Ms. Ellen Pierce (415) 693-9800
Contract Amount: $7,000,000
Completed: October 2001
Ch. ildrens Hospital Owner: Childrens Hospital Los Angeles
Los Angeles Owner Contact: Mr. Bob Hollowell (213) 669-2400
Surgery Center & Architect: Lee, Burkhart, Liu, Inc.
CentralPlant Architect Contact: Mr. Ken Lee (310) 829-2249
Los Angeles, CA Contract Amount: $50,000,000
Completed: September 2001
Mariners Church Owner: Mariners Church
Youth Building Owner Contact: Mr. Brian Norkaitis (949) 854-7030
Irvine, CA Architect: LPA Inc.
Architect Contact: Mr. Steven Kendrick (949) 261-1001
Contract Amount: $4,500,000
Completed: September 2001
Rudolph and Sletten Completed Projects
2001-2002
McCuen Properties, Owner: McCuen Properties, LLC/Bechtel Corporation
LLC/Bechtel Corporation Owner Contact: Mr. Pat McCuen (916) 481-6300
WINfirst Call Center and Architect: HDR Architecture Inc.
Administration Tenant Architect Contact: Mr. Robert McCormick (916) 480-2000
Improvements Contract Amount: $4,500,000
McClellan, CA Completed: September 2001
Stanford University Owner: Stanford University
Center for Clinical Science Owner Contact: Mr. Mike Mithen (650) 725-3403
Research, Fourth Floor Architect: Fong &Chan Architect
Conference Rooms Architect Contact: Mr. Chong C. Tan (415) 931-8600
Stanford, CA Contract Amount: $594,572
Completed: September 2001
Stanford UniversiO, Owner: Stanford University
MSLS. Second and Third Owner Contact: Mr. Mike Mithen (650) 725-3403
Floor Lab Renovations Architect: The Colyer Freeman Group
Stanford, CA Architect Contact: Mr. Robert Colyer (415) 442-0292
Contract Amount: $777,363
Completed: August 2001
Vertex Pharmaceuticals Owner: Vertex Pharmaceuticals Inc.
Inc. Owner Contact: Mr. Jim Larsen (858) 909-2108
Laboratory and Server Architect: Architects Delawie Wilkes Rodrigues Barker
Room Improvements Architect Contact: Mr. Neal McFarlane (619) 299-6690
San Diego, CA Contract Amount: $2,266,383
Completed: August 2001
ICN Pharmaceuticals, Inc. Owner: ICN Phamarceuticals, Inc.
Phases IIandIII Owner Contact: Mr. Joe Irick (714) 545-0100
Costa Mesa, CA Architect: Gicklhom Lazzaroto Partners
Architect Contact: Mr. Martin Gicldhom (415) 512-7795
Contract Amount: $15,000,000
Completed: August 2001
Taconic Farms Owner: Taconic Farms
West Coast Facility Owner Contact: Mr. Willie Hinds (650) 576-9343
Ventttra, CA Architect: AC Martin Parmers
Architect Contact: Mr. Victor DeSantis (213) 683-1900
Contract Amount: $2,738,338
Completed: August 2001
Rudolph and Sletten Completed Projects
2001-2002
R~DOLPH.~.~ SLETTEN
Inhale Therapeutic Systems Owner: In_hale Therapeutic Systems
Phase VI Corporate Owner Contact: Ms. Sharron Reiss-Miller* (408) 353-1405
Consolidation (*Now with SRM Consulting Services, LLC)
San Carlos, CA Architect: Dowler-Gruman Architects
Architect Contact: Mr. Mark Davis (650) 943-1660
Contract Amount: $27,500,000
Completed: August 2001
Hewlett-Packard Owner: Hewlett-Packard
Aviation Hangar Expansion Owner Contact: Mr. Bruce Benton (408) 746-5978
San Jose, CA Architect: Architectural Design Management
Architect Contact: Mr. Bob Cordes (510) 799-7013
Contract Amount: $6,000,000
Completed: August 2001
University of San Diego Owner: University of San Diego
Joan B. Kroc Institute for Owner Contact: Mr. Roger Manion (619) 260-4634
Peace and Justice Architect: Carrier Johnson
San Diego, CA Architect Contact: Ms. Cindy Blair (619) 239-2353
Contract Amount: $27,000,000
Completed: August 2001
Verizon Wireless Owner: Verizon Communications
Rancho Cordova Call Owner Contact: Ms. Michelle Velardo (949) 286-7770
Center Architect: Calpo Horn McCaulay Dong Architects
Rancho Cordova, CA Architect Contact: Mr. Alan C. Horn (916) 446-7741
Contract Amount: $12,000,000
Completed: July 2001
Read-Rite Corporation Owner: Read-Rite Corporation
DUV-11 Clean Room Owner Contact: Mr. Shahzad Mahmud (510) 683-6100
Modifications Architect: Keller and Garmun Engineers & Architects
Fremont, CA Architect Contact: Mr. Steven Riojas (415) 552-1777
Contract Amount: $3,384,122
Completed: July 2001
Underwriters Laboratories Owner: UnderWriters Laboratories Inc.
Inc. Owner Contact: Mr. Edward Grover (408) 985-2400
Office Renovation Architect: CAS Architects, Inc.
Santa Clara, CA Architect Contact: Ms. Kay McFall Smith (650) 967-6600
Contract Amount: $8,050,038
Completed: July 2001
Rudolph and Sletten Completed Projects
2001-2002
R1JDOLPH~ ~LETTEN
Inhale Therapeutic Systems Owner: Inhale Therapeutic Systems
Building 4 Phase IA Tenant Owner Contact: Ms. Sharron Reiss-Miller* (408) 353-1405
Improvements (*Now with SRM Consulting Services, LLC)
San Carlos, CA Architect: Dowler-Gruman Architects
Architect Contact: Ms. Nancy Escano (650) 943-1660
Contract Amount: $5,582,244
Completed: July 2001
University of California Owner: The Regents of the University of California
Silver Laboratory, Seismic Owner Contact: Ms. Teri Mathers (510) 643-1428
Safety' Corrections Architect: Fisher-Friedman Associates
Berkeley, CA Architect Contact: Mr. Dan Howard (415) 981-6076
Contract Amount: $8,600,000
Completed: July 2001
Excite~ttome Owner: Excite~Home
Pacific Shores Center, Owner Contact: Ms. Lisa Williams (650) 556-2809
Buildings 7&8 Tenant Architect: DES Architects +Engineers
Improvements Architect Contact: Mr. David Leong (650) 364-6453
Redwood City, CA Contract Amount: $25,010,088
Completed: July 2001
Informatica Owner: Informatica
Pacific Shores Center, Owner Contact: Mr. John Owens (650) 251-7105
Buildings ] and 2 Tenant Architect: DES Architects + Engineers
Improvements Architect Contact: Ms. Jennifer Davis (650) 364-6453
Redwood City, CA Contract Amount: $35,000,000
Completed: July 2001
Inhale Therapeutic Systems Owner: Inhale Therapeutic Systems
Laboratory Conversion Owner Contact: Ms. Sharron Reiss-Miller* (408) 353-1405
San Carlos, CA (*Now with SRM Consulting Services, LLC)
Architect: Dowler-Gruman Architects
Architect Contact: Mr. Mark Davis (650) 943-1660
Contract Amount: $181,625
Completed: June 2001
AboveNet Communications, Owner: AboveNet Communications, Inc.
Inc. Owner Contact: Mr. Jeff Monroe (408) 367-6666
Internet Service Exchange Architect: CAS Architects, Inc.
Facility ISX-SJ4 Phase II Architect Contact: Mr. Jose Cotto (650) 967-6600
San Jose, CA Contract Amount: $41,239,819
Completed: June 2001
Rudolph and Sletten Completed Projects
2001-2002
AboveNet Communications, Owner: AboveNet Communications, Inc.
Inc. Owner Contact: Mr. Jeff Monroe (408) 367-6666
Internet Service Exchange Architect: CAS Architects, Inc.
Facility ISX-SJ4 Architect Contact: Mr. Jose Cotto (650) 967-6600
San Jose, CA Contract Amount: $90,000,000
Completed: June 200 I
Inhale Therapeutic Systems Owner: Inhale Therapeutic Systems
Building 4 Phase IB Tenant Owner Contact: Ms. Sharron Reiss-Miller* (408) 353-1405
Improvements (*Now with SRM Consulting Services, LLC)
San Carlos, CA Architect: Dowler-Gruman Architects
Architect Contact: Ms. Nancy Escano (650) 943-1660
Contract Amount: $5,239,703
Completed: April 2001
The Evergreen Company Owner: The Evergreen Company
Agilent Technologies Owner Contact: Mr. Trey Dunlach (916) 447-9600
Creekside Building C-2 Architect: Perkins Williams & Cotterill Architects
Roseville, CA Architect Contact: Mr. Brian Williams (916) 854-2910
Contract Amount: $2,500,000
Completed: May 2001
Menlo Equities Owner: Menlo Equities
dmffper Networks Building ] Owner Contact: Ms. Jane Vaughn (650) 326-9300
Tenant Improvements Architect: Robinson Mills & Williams/Silva Strong.
Sunnyvale, CA Architect Contact: Mr. Russ Nichols (408) 294-8000
Contract Amount: $1,000,000
Completed: May 2001
GenStar Therapeutics Owner: GenStar Therapeutics
Pilot Plant Facility Owner Contact: Dr. William C. Raschke (858) 450-5949
Phase I Architect: Architects Delawie Wilkes Rodrigues Barker
San Diego, CA Architect Contact: Mr. Neal McFarlane (619) 299-6690
Contract Amount: $250,000
Completed: May 200!
University of California Owner: The Regents of the University of California
Oceanview Terrace Dining Owner Contact: Mr. MarkNelson (858) 534-1978
Facility Architect: Architects Delawie Wilkes Rodrigues Barker
La dolla, CA Architect Contact: Mr. Jim Barker (619) 299-6690
Contract Amount: $1,880,000
Completed: May 2001
Rudolph and Sletten Completed Projec~
2001-2002
RUDOLPH~SLETTEN
Sea World of California Owner: SeaWorld of California
Cirque de Ia Mcr Owner Contact: Ms. Darlene Walter (619) 226-3626
San Diego, CA Architect: JeffKatz Arckitecture
Architect Contact: Mr. JeffKatz (619) 698-9177
Contract Amount: Withheld at client's request
Completed: May 2001
Sun Microsystems c/o Jones Owner: Sun Microsystems c/o Jones Lang LaSalle
Lang LaSalle Owner Contact: Mr. Mark Mankus (650) 934-9721
Pleasanton Flex Office Architect: Gensler and Associates
Space Architect Contact: Mr. Michael Wiener (415) 433-3700
Pleasanton, CA Contract Amount: $1,175,386
Completed: April 2001
McCuen Properties, Owner: McCuen Properties, LLC/Bechtel Corporation
LLC/Bechtel Corporation Owner Contact: Mr. Pat McCuen (916) 481-6300
WINfirst Corporate Data Architect: HDR Architecture Inc.
Center Architect Contact: Mr. Robert McCormick (916) 480-2000
McClellan, CA Contract Amount: $6,000,000
Completed: April 2001
Stanford University Owner: Stanford University
Thomas Welton Art Gallery Owner Contact: Ms. Laura Goldstein (650) 725-0569
Building Renovation Architect: Skidmore Owings & Merrill
Stanford, CA Architect Contact: Mr. Michael Fukutome (415) 981-1555
Contract Amount: $5,500,000
Completed: April 2001
Ariba, Inc Owner: Ariba, Inc.
Office Tenant Improvements Owner Contact: Mr. Russell Southland (650) 930-8777
Sunnyvale, CA Architect: DES Architects + Engineers
Architect Contact: Mr. Michael Aymerich (650) 364-6453
Contract Amount: $55,000,000
Completed: April 2001
University of California Owner: The Regents of the University of California
Cogeneration Plant Addition Owner Contact: Mr. Gerry White (858) 534-2987
San Diego, CA Architect: Architects Mosher/Drew/WatsonfFerguson
Architect Contact: Mr. Bill Magnuson (619) 223-2400
Contract Amount: $1,800,000
Completed: April 2001
Rudolph and Sletten Completed Projects
2001-2002
RUDOLPH SLETTEN
CancerVax, Corporation Owner: CancerVax, Corporation
Marina cGMP Facility Owner Contact: Mr. Bill Minshall (310) 449-5271
Marina Del Rey, CA Architect: Ware Malcomb
Architect Contact: Mr. David Oh* (310) 453-2800
(*Now with HLW International)
Contract Amount: $4,409,000
Completed: April 2001
Read-Rite Corporation Owner: Read-Rite Corporation
Scion Photonics Owner Contact: Mr. Shahzad Mahmud (510) 683-6100
Milpitas, CA Architect: Alfa Tech
Architect Contact: Mr. Abid Noman (925) 906-1200
Contract Amount: $4,400,000
Completed: April 2001
Hewlett-Packard Owner: Hewlett-Packard
Building 27 Renovation Owner Contact: Ms. Jeanne Duvall (916) 748-7598
Palo Alto, CA Architect: Reel Grobman & Associates
Architect Contact: Ms. Nima Gujar (408) 283-7833
Contract Amount: $2,135,000
Completed: March 2001
Veritas Software Owner: Veritas Software Corporation
Corporation Owner Contact: Ms. Kathleen Popovec (650) 527-4654
Data Center Architect: Holey Associates
Sunnyvale, CA Architect Contact: Mr. Carl Bridgers (415) 537-0999
Contract Amount: $10,725,182
Completed: March 2001
Exelixis 'Pharmaceuticals, Owner: Exelixis Pharmaceuticals, Inc.
Inc. Owner Contact: Mr. Glen Sato (650) 837-7000
Laboratory Tenant Architect: Dowler-Gruman Architects
Improvements Architect Contact: Ms. Melinda Lau (650) 943-1660
South San Francisco Contract Amount: $10,500,000
Completed: March 2001
Church of Saint Thomas Owner: Church of Saint Thomas More
More Owner Contact: Rev. Peter McGuine (760) 599-1980
2-Story Multipurpose Hall Architect: Austin Veum Robbins Parshalle
San Diego, CA Architect Contact: Mr. Randy Robbins (619) 231-1960
Contract Amount: $4,000,000
Completed: March 2001
Rudolph and Sletten Completed Projects
2001-2002
RUDOLPH..~ SLETTEN
Arcturus Engineering, Inc. Owner: Arcturus Engineering, Inc.
Laboratory Tenant Owner Contact: Mr. Mark Enright (650) 962-3020 x303
Improvement Architect: JKE Design + Associates
Carlsbad, CA Architect Contact: Mr. Ken Ederington (619) 696-8710 xl01
Contract Amount: $1,500,000
Completed: March 2001
Scripps Health Owner: Scripps Health
Linear Accelerator Phases I Owner Contact: Mr. David Williams (858) 678-7000
and I1 Architect: NBBJ
La Jolla, CA Architect Contact: Mr. David Chung (310) 448-9600
Contract Amount: $2,000,000
Completed: March 2001
Watson Laboratories Owner: Watson Laboratories
Buildings ! and 2 Owner Contact: Mr. Matthew Wong (.909) 270-1400
Renovation Architect: Gotoma Engineers
Corona, CA Architect Contact: Ms. Cecilia Gotoma (310) 827-3332
Contract Amount: $2,036,367
Completed: February 2001
Menlo Equities Owner: Menlo Equities
d~miper Networks Building 2 Owner Contact: Ms. Jane Vaughn (650) 326-9300
Te,ant Improvements Architect: RMW Architecture + Design
Sunnyvale, CA Architect Contact: Mr. Russ Nichols (408) 294-8000
Contract Amount: $13,000,000
Completed: February 2001
Philips Semiconductors Owner: Philips Semiconductors
Building 1 Tenant Owner Contact: Mr. Greg Stuck (408) 991-3860
Improvements Architect: Dowler-Gruman Architects
San Jose, CA Architect Contact: Mr. Tim Gruman (650) 943-1660
Contract Amount: $3,000,000
Completed: February 2001
MBARI Owner: Monterey Bay Aquarium Research Institute
BuildingB Expansion Owner Contact: Mr. Jim McFarlane (831) 775-1700
Moss Landing, CA Architect: . HBFL Architects
Architect Contact: Mr. Richard Fedelen (831) 757-8001
Contract Amount: $10,000,000
Completed: February 2001
Rudolph and Sletten Completed Projects
2001-2002
Jay Paul Company Owner: Jay Paul Company
MoffettPark Owner Contact: Mr. Jay Paul (415) 263-7400
Office Buildings (Shell Only) Architect: DES Architects + Engineers
Sunnyvale, CA Architect Contact: Mr. Lindsay Noble (650) 364-6453
Contract Amount: $50,000,000
Completed: February 2001
Alpha Therapeutic Owner: Alpha Therapeutic Corporation
Corporation Owner Contact: Mr. Mark Keyashian (323) 227-7545
New Manufacturing Facility Architect: Fluor Daniel
Phase II Architect Contact: Ms. Annette Allen (650) 7424366
Los Angeles, CA Contract Amount: $44,000,000
Completed: February 2001
Microsoft Corporation Owner: Microsoft Corporation
E-commerce Site Owner Contact: Mr. Eric Staehle (425) 703-1189
Mountain View, CA Architect: Not Applicable
Contract Amount: $2,800,000
Completed: February 2001
Earthlink Owner: Earthlink
Roseville Call Center Owner Contact: Mr. Barry Eshelman (425) 957-8341
Roseville, CA Architect: ASD Architects, Inc.
Architect Contact: Ms. Amy Castelano (404) 688-3318
Contract Amount: $6,903,542
Completed: February 2001
Medtronic MiniMed Owner: Medtronic MiniMed
AlfredE. Mann Owner Contact: Mr. Bob Stephenson (818) 362-2358
Biotechnology Park Phase I Architect: Hill Pinckert Architects
Los Angeles, CA Architect Contact: Mr. Byron Pinckert (949) 863-1770
Contract Amount: $60,000,000
Completed: February 2001
Sun Microsystems Owner: Sun Microsystems
Clock Tower Owner Contact: Ms. Iris Gai (650) 960-1300
Santa Clara, CA Architect: Gensler and Associates
Architect Contact: Mr. Michael Wiener (415) 433-3700
Contract Amount: $8,200,000
Completed: January 2001
Rudolph and Sletten Completed Projects
2001-2002
Synopsys Inc. Owner: Synopsys Inc.
Office Building Owner Contact: Mr. George Navarro (650) 962-5000
Sunnyvale, CA Architect: DaCosta Architects
Architect Contact: Mr. Mark Bogott (408) 441-2181
Contract Amount: $I8,000,000
Completed: January 2001
San Diego Museum of Art Owner: San Diego Museum of Art
Museum Renovation Owner Contact: Mr. Mitch Gaul (619) 696-1920
San Diego, CA Architect: Tucker Sadler Noble Castro Architects
Architect Contact: Mr. John Merlder *(619) 239-2353
(*Now with Carrier Johnson)
Con~-act Amount: $4,700,000
Completed: January 2001
Medtronic Min~ed Owner: Medtronic MiniMed
AlfredE. Mann Owner Contact: Mr. Bob Stephenson (818) 362-2358
Biotechnology Park- W2 N1 Architect: Hill Pinckert Architects
Buildout Architect Contact: Mr. Byron Pinckert (949) 863-1770
Northridge, CA Contract Amount: $6,200,000
Completed: January 2001
University of California Owner: The Regents of the University of Califorma
College of Chemistry Surge Owner Contact: Mr. Mark Bartlett (5 I0) 643-9363
Projects Architect: Anshen + Allen
Berkeley, CA Architect Contact: Mr. Mitch Fine (415) 882-9500
Contract Amount: $10,300,000
Completed: January 2001
Elitra Pharmaceuticals Owner: Elitra Pharmaceuticals
Tenant Improvements Owner Contact: Ms. Lana Thurman (858) 410-3000
Phase III Architect: Pacific Cornerstone Architects
San Diego, CA Architect Contact: Mr. Mark Reilly (858) 677-9880
Contract Amount: $1,300,000
Completed: January 2001
RUDOL SLETTEN
Projects in Development
and Under Construction
Rudolph and Sletten Projects
in Development and Under Construction
RUDOLP~ SLETTEI~
Rudolph and Sletten
Projects in
Development and
Under Construction
PROJECTS IN PRECONSTRUCTION
University of Southern Owner: University of Southern California
California Owner Contact: Mr. Bob Stephenson (323) 442-5844
Harlyne Norris Research Architect: Lee Burkhart Liu Inc.
Tower Architect Contact: Mr. Er/ch Burkhart (310) 829-2249
Los Angeles, CA Contract Amount: $78,000,000
Start Date: November 2002
Est. Completion: March 2005
University of California Owner: The Regents of the University of California
Residence Halls Units 1 and Owner Contact: Ms. Diane Abbott (510) 649-8945
2 Infill Student Housing Architect: Esherick Homsey Dodge and Davis
Berkeley, CA Architect Contact: Mr. Richard Feldman (415) 285-9193
Contract Amount: $80,000,000
Start Date: September 2002
Est. Completion: August 2004
The J. David Gladstone Owner: J. David Gladstone Institute
Institute Owner Contact: Mr. Todd Sklar (415) 695-3850
Mission Bay Laboratory Architect: NBBJ
Building, Parcel 41 Architect Contact: Mr. Jack MacAllister (415) 981-1100
San Francisco, CA Contract Amount: $74,000,000
Start Date: March 2003
Est. Completion: January 2005
University of California Owner: The Regents of the University of California
Engineering Building Ovmer Contact: Mr. Michael Downs (858) 5344094
Unit 3B Architect: Bohlin Cywinski Jackson
San Diego, CA Architect Contact: Mr. Dan-el Kauric (412) 765-3890
Contract Amount: $30,000,000
Start Date: July 2002
Est. Completion: May 2004
Rudolph and Sletten Projects
in Development and Under Construction
R~YDOLPH~ SLETTEN
Kaiser Permanente Owner: Kaiser Permanente
San Marcos Outpatient Owner Contact: Mr. Bill Belong (619) 641-4460
Medical Center Architect: MAG Inc.
San Marcos, CA Architect Contact: Ms. Linda Moreland (858) 565-8485
Contract Amount: $18,000,000
Start Date: November 2002
Est. Completion: April 2004
Gemological Institute of Owner: Gemological Institute of America
America Owner Contact: Mr. Thomas Costello (760) 6034000
Gem Trade Lab Building Architect: Robert Coffee Architect + Associates
CarIsbad, CA Architect Contact: Mr. Robert Coffee (949) 760-8668
Contract Amount: $14,000,000
Start Date: April 2003
Est. Completion: March 2004
AlleCure Corporation Owner: AlleCure Corporation
Lead Discovery Phase I Owner Contact: Mr. Jeff Silverman (661) 257-3950
Valencia, CA Architect: Dowler-CJruman Architects
Architect Contact: Mr. Robert Bogues (619) 685-3990
Contract Amount: $9,000,000
Start Date: September 2002
Est. Completion: February 2003
University of Southern Owner: University of Southern California
California Owner Contact: Mr. Bob Stephenson (323) 442-5844
Healthcare Consultation Architect: Rochlin Baran & Balbona Inc.
Center, Phase II Architect Contact: Mr. Art Border (310) 398-8625
· Los Angeles, CA Contract Amount: $40,201,082
Start Date: July 2002
Est. Completion: December 2003
Tenet HealthSystems Owner: Tenet HealthSystems
La Quinta Outpatient Owner Contact: Mr. Ken Sutherland (469) 893-2200
Facility Architect: RTKL Associates
Palm Springs, CA Architect Contact: Mr. Eric Dingess (214) 871-8877
Contract Amount: $6,800,000
Start Date: August 2002
Est. Completion: May 2003
Rudolph and Sletten Projects
in Development and Under Construction
I~DOLP~ SLETTEN
PROJECTS UNDER CONSTRUCTION
Kaiser Owner: Kaiser Foundation Health Plan
Los Angeles Medical Center Owner Contact: Mr. Lubor Mrazek (323) 783-1585
Los Angeles, CA Architect: SmithGroup
Architect Contact: Mr. Carl Christiansen (415) 227-0100
Contract Amount: $260,000,000
Start Date: March 2001
Est. Completion: June 2008
St. Joseph Health System Owner: St. Joseph Health System
Plaza Tower Owner Contact: Mr. Chuck Queen (714) 347-7500
Orange, CA Architect: NBBJ
Architect Contact: Ms. Nancy Lim (206) 223-5555
Contract Amount: $87,000,000
Start Date: June 2003
Est. Completion: June 2006
Kaiser Owner: Kaiser Foundation Health Plan
Santa Clara Replacement Owner Contact: Ms. Lee-Ann Knight (650) 299-4996
Facili(r Phase I Architect: Anshen + Alien
Santa Clara, CA Architect Contact: Mr. JimKautz (415) 882-9500
Contract Amount: $375,069,451
Start Date: October 2000
Est. Completion: December 2005
Tenet HealthSystems Owner: Tenet HealthSystems
USC Hospital Acute Care Owner Contact: Mr. Ken Sutherland (469) 893-2378
Tower Addition Architect: Lee Burldaart Liu Inc.
Los Angeles, CA Architect Contact: Mr. Jason Haim (310) 829-2249
Contract Amount: $57,000,000
Start Date: May 2002
Est. Completion: December 2004
The Redevelopment Agency Owner: The Redevelopment Agency of the City of San Jose
of the City of San Jose Owner Contact: Ms. Sharon Jones (408) 277-4744
Fox California Theatre/San Architect: ELS Architects
Jose Opera House Architect Contact: Mr. Kirt Schindler (510) 843-3304
(CM Services Only) Contract Amount: $66,000,000
San Jose, CA Start Date: September 2000
Est. Completion: September 2004
Rudolph and Sletten Projects
in Development and Under Construction
R~JDOLPH~ SLETTEN
Sweetwater Union High Owner: Sweetwater Union High School District
School District Owner Contact: Ms. Katy Wright (619) 691-5553
Sweetwater Union High Architect: Martinez + Cutri Corporation
School #11 Architect Contact: Mr. Jim Castelluxzo (619) 2334857
(CMServices Only,) Contract Amount: $41,000,000
Chula Vista, CA Start Date: November 2001
Est. Completion: August 2004
City of Hope Owner: City of Hope
Replacement Hospital Owner Contact: Mr. David Wade (626) 359-8111
Duarte, CA Architect: NBBJ
Architect Contact: Mr. David Swain (206) 223-5036
Contract Amount: $100,000,000
Start Date: June 2001
Est. Completion: March 2004
Sweetwater Union High Owner: Sweerwater Union High School District
SchoolDistrict Owner Contact: Ms. Katy Wright (619) 691-5553
Eastlake Middle School Architect: Martinez + Cutri Corporation
Chula Vista, CA Architect Contact: Mr. AndyTaylor (619) 2334857
Contract Amount: $27,000,000
Start Date: August 2002
Est. Completion: February 2004
Johnson & Johnson Owner: Johnson & Johnson Pharmaceutical Research
Pharmaceutical Research & Development, L.L.C:
Development, L.L.C. Owner Contact: Mr. Mark Loukides (858) 784-3241
Pharmaceutical Research Architect: Kling Lindquist
Institute Phase II Architect Contact: Mr. Robert Hsu (215) 569-2900
San Diego, CA Contract Amount: $62,000,000
Start Date: June 2002
Est. Completion: January 2004
Ontogen Corporation Owner: Ontogen Corporation
Buildings 45 & 75 Tenant Owner Contact: Mr. Jay Patton (760) 930-0100
Improvements Architect: McGraw/Baldwin Architects
Carlsbad, CA Architect Contact: Mr. Phil Maley (619) 231-0751
Contract Amount: $4,500,000
Start Date: July 2002
Est. Completion: November 2003
Rudolph and Sletten Projects
in Development and Under Construction
RIIDOLPH~ SLETTEN
Kaiser Owner: Kaiser Foundation Health Plan
Santa Teresa Emergency Owner Contact: Mr. Mark Patrosso (408) 972-3580
Department Expansion Architect: SmithGroup
San Jose, CA Architect Contact: Mr. Jon Gherga (415) 227-0100
Contract Amount: $9,997,535
Start Date: March 2002
Est. Completion: October 2003
Stanford University Owner: Stanford University
Chemistry and Biology Owner Contact: Mr. Wayne Kelly (650) 736-2051
Building Architect: Dowler-Gruman Architects
Stanford, CA Architect Contact: Mr. Mark Davis (650) 943-1660
Contract Amount: $35,000,000
Start Date: January 2002
Est. Completion: September 2003
Catellus Urban Owner: Catellus Urban Development Corporation
Development Corporation Owner Contact: Mr. Michael McCone (415) 355-6600
Mission Bay Life Science Architect: Dowler-Gruman Architects
Building, Block 41 Architect Contact: Ms. Karen Lin (650) 943-1660
San Francisco, CA Contract Amount: $23,000,000
Start Date: January 2002
Est. Completion: July 2003
University of California Owner: The Regents of the University of California
Eleanor Roosevelt College Owner Contact: Mr. Mark Nelson (858) 534-1978
Housing & Dining Facility Architect: Moshe Safdie and Associates
San Diego, CA Architect Contact: Mr. Mike McKee (617) 629-2100
Contract Amount: $81,000,000
Start Date: November 2000
Est. Completion: July 2003
The Redevelopment Agency Owner: The Redevelopment Agency of the City of San Jose
of the City of San Jose Owner Contact: Ms. Dolores Montenegro (408) 794-1000
Pala Youth Center Architect: BOORA Architects Inc.
(CM Services Only) Architect Contact: Mr. Robert Hoffman (503) 226-1575
San Jose, CA Contract Amount: $6,100,000
Start Date: May 2002
Est. Completion: July 2003
Rudolph and Sletten Projects
in Development and Under Construction
RUDOLPH~SLETTEN
Stanford University Owner: Stanford University
Cancer Center for Treatment Owner Contact: Mr. John Gaston (650) 498-5010
and Prevention/Ambulatory Architect: Bobrow/Thomas & Associates
Care Pavilion Architect Contact: Mr. Hugh Nathanson (310) 208-7017
Stanford, CA Contract Amount: $85,000,000
Start Date: September 2001
Est. Completion: June 2003
Veritas Software Owner: Veritas Software Corporation
Corporation Owner Contact: Ms. Patricia Doehrman (650) 527-8000
Corporate Campus I1 Architect: HOK
Milpitas, CA Architect Contact: Mr. Richard T. Dowd (415) 243-0555
Contract Amount: $170,000,000
Start Date: November 2000
Est. Completion: May 2003
Kaiser Permanente Owner: Kaiser Permanente
Medical Office Building Owner Contact: Mr. Mark Nemeth (619) 641-2822
San Diego, CA Architect: McCabe Hams Incorporated
Architect Contact: Mr. Chuck Harris (619) 233-8740
Contract Amount: $8,000,000
Start Date: June 2002
Est. Completion: April 2003
Cell Genesys Owner: Cell Genesys
Corporate Headquarters and Owner Contact: Mr. Rick Campbell (650) 425-4400
R&D Tenant Improvements Architect: Dowler-Gruman Architects
South San Francisco, CA Architect Contact: Mr. Randall Dowler (650) 943-1660
Contract Amount: $32,000,000
Start Date: May 2002
Est. Completion: April 2003
University of San Diego Owner: University of San Diego
Science and Technology Owner Contact: Mr. Roger Manion (619) 260-4634
Center Architect: Carrier Johnson
San Diego, CA Architect Contact: Mr. Nigel Glibbery* (619) 687-2471
(*Now with Construction Management Administrators,
Inc .)
Contract Amount: $38,000,000
Start Date: May 2001
Est. Completion: April 2003
Rudolph and Sletten Projects
in Development and Under Construction
R~YDOLPH~SLETTEN
Childrens Hospital Los Owner: Childrens Hospital Los Angeles
Angeles Owner Contact: Mr. John Sottile (323) 669-2233
Research Building Architect: Zimmer Gunsul Frasca Partnership
Los Angeles, CA Architect Contact: Mr. Brian Glover (213) 617-1901
Contract Amount: $37,000,000
Start Date: March 2000
Est. Completion: February 2003
Stanford University Owner: Stanford University
School of Medicine, CCSR Owner Contact: Mr. Mike Mithen (650) 725-3403
Basement Core Buildout Architect: Fong &Chan Architects
Stanford, CA Architect Contact: Ms. Mci Mci Chan (415) 931-8600
Contract Amount: $1,800,000
Start Date: July 2002
Est. Completion: January 2003
Sonoma County and Jones Owner: Sonoma County and Jones Lang LaSalle
Lang LaSalle Owner Contact: Ms. Ronnie Warner (415) 3954900
Human Services Department Architect: RMW Architecture + Design
Office and Parking Structure Architect Contact: Mr. Steve Guest (916) 449-1400
Santa Rosa, CA Contract Amount: $37,000,000
Start Date: October 2001
Est. Completion: January 2003
University of Southern Owner: University of Southern Califomia
California Owner Contact: Mr. Ernest Swickard (323) 224-5230
Neurogenetics Institute Architect: Perkins & Will
Los Angeles, CA Architect Contact: Mr. John Becket (310) 828-5790
Contract Amount: $45,000,000
Start Date: October 2000
Est. Completion: December 2002
Raven biotechnologies, inc. Owner: Raven biotechnologies, inc.
Building Clnteriors Owner Contact: Ms. Jennie Mather (650) 624-2600
South San Francisco, CA Architect: Dowler-Gruman Architects
Architect Contact: Mr. Albert Chiang (415) 477-2700
Contract Amount: $14,000,000
Start Date: April 2002
Est. Completion: November 2002
Rudolph and Sletten Projects
in Development and Under Construction
RUDOLPH~SLETTEN
AGY Therapeutics Owner: AGY Therapeutics
Utah Avenue Tenant Owner Contact: Mr. Phillip Young (650) 615-4530
Improvements Architect: Dowler-Gruman Architects
South San Francisco, CA Architect Contact: Ms. Lorraine Vallero (650) 943-1660
Contract Amount: $12,000,000
Start Date: April 2002
Est. Completion: October 2002
ALZA Corporation Owner: ALZA Corporation
MI2 Pilot Plant Owner Contact: Mr. Tiro Shafique (650) 564-5000
Mountain View, CA Architect: DES Architects + Engineers
Architect Contact: Mr. Gary Barnett (650) 364-6453
Contract Amount: $7,000,000
Start Date: March 2002
Est. Completion: October 2002
Beringer Blass Wine Owner: Beringer Blass Wine Estates
Estates Owner Contact: Mr. Jeff Van Houten (707) 963-7115
Rhine House Restoration, Architect: Architectural Resources Group
Phase H Architect Contact: Mr. Gary Koll (415) 421-1600
St. Helena, CA Contract Amount: $5,744,236
Start Date: November 2001
Est. Completion: October 2002
Sweetwater Union High Owner: Sweetwater Union High School District
School District Owner Contact: Ms. Katy Wright (619) 691-5553
San Ysidro High School Architect: Martinez + Cutri Corporation
(CMServices Only) Architect Contact: Mr. Jim Castelluzzo (619) 233-4857
San Diego, CA Contract Amount: $36,000,000
Start Date: February 2001
Est. Completion: October 2002
Stanford University Owner: Stanford University
School of Medicine, Alway Owner Contact: Mr. Mike Mithen (650) 725-3403
New Student Lounge and Architect: Meeks Coates & Eaton Architects
Restrooms Architect Contact: Mr. Scott Coates (415) 693-9234
Stanford, CA Contract Amount: $463,168
Start Date: May 2002
Est. Completion: September 2002
Rudolph and Sletten Projects
in Development and Under Construction
RUDOLPH SLETTEN
Stanford UniversiO' Owner: Stanford University
Mirrielees House Owner Contact: Ms. Gina Coony (650) 724-3603
Renovation, Phases I and H Architect: DES Architects + Engineers
Stanford, CA Architect Contact: Mr. Brent McClure (650) 364-6453
Contract Amount: $10,900,000
Start Date: June 2001
Est. Completion: September 2002
Menlo Equities Owner: Menlo Equities
Juniper Net*vorks Building 3 Owner Contact: Ms. Jane Vaughn (650) 326-9300
Tenant Improvements Architect: RMW Architecture + Design
Sunnyvale, CA Architect Contact: Mr. Russ Nichols (408) 294-8000
Contract Amount: $10,000,000
Start Date: April 2002
Est. Completion: September 2002
YMCA Owner: YMCA
New Adventure Owner Contact: Ms. Tina Williams (619) 421-8805
Chula Vista, CA Architect: Hedenkamp & Associates
Architect Contact: Mr. William Hedenkamp (858) 259-2624
Contract Amount: $500,000
Start Date: July 2002
Est. Completion: September 2002
UniversiO' of Southern Owner: University of Southern California
California Owner Contact: Mr. Ernest Swickard (323) 224-7001
San Pablo Parking Lot, Architect: International Parking Design
Phase I Architect Contact: Mr. Renny Bollier (818) 986-1494
Los Angelex, CA Contract Amount: $750,000
Start Date: May 2002
Est. Completion: August 2002
Vertex Pharmaceuticals Owner: Vertex Pharmaceuticals Inc.
Inc. Owner Contact: Mr. Jim Larsen (858) 452-5000
Lab 272 Tenant Architect: Architects Delawie Wilkes Rodrigues Barker
Improvements Architect Contact: Mr. Neal McFarlane (619) 299-6690
San Diego, CA Contract Amount: $1,000,000
Start Date: May 2002
Est. Completion: August 2002
Rudolph and Sletten Projects
in Development and Under Construction
RUDOLPH~ ~LETTEN
Elan Pharmaceuticals Owner: Elan Pharmaceuticals
PCB1 Owner Contact: Ms. Mary Gr/ffy (858) 457-2553
San Diego, CA Architect: McGraw/Baldwin Architects
Architect Contact: Mr. Honesto Magsalin (619) 231-0751
Contract Amount: $1,100,000
Start Date: May 2002
Est. Completion: August 2002
Sweetwater Union High Owner: Sweetwater Union High School District
School District Owner Contact: Ms. Katy Wright (619) 691-5553
Sweetwater High School Architect: Martinez + Cutri Corporation
Renovation Phase IA Architect Contact: Ms. Janine Hurd-Glenn (619) 233-4857
(CM Services Only) Contract Amount: $8,703,799
National City, CA Start Date: June 2001
Est. Completion: August 2002
Sweetwater Union High Owner: Sweetwater Union High School District
School District Owner Contact: Ms. Katy Wright (619) 691-5553
Mar Vista High School Architect: Martinez + Cutri Corporation
Renovation Phase IA Architect Contact: Ms. Janine Hurd-Glenn (619) 2334857
(CMServices Only) Contract Amount: $8,207,603
Imperial Beach, CA Start Date: June 2001
Est. Completion: August 2002
Multiple Peptide Systems Owner: Multiple Peptide Systems
Tenant lmprovements and Owner Contact: Mr. Mark Orozco (858) 455-3710
Shell Upgrades Architect: HDR Architecture Inc.
San Diego, CA Architect Contact: Mr. Gregory Mellberg (858) 712-8400
Contract Amount: $4,900,000
Start Date: January 2002
Est. Completion: August 2002
Kaiser Owner: Kaiser Foundation Health Plan
Medical Office Building I Owner Contact: Ms. Mary Austem (650) 299-4964
Redwood City, CA Architect: Gordon H. Chong & Parmers
Architect Contact: Mr. Arthur G. Chan (415) 433-0120
Contract Amount: $19,600,000
Start Date: April 2001
Est. Completion: July 2002
EXHIBIT 5
42
J:\BPC\Construction\Fire Station #7\#7 Design Build Agmt 10-11-02.doc
City of Chula Vista BUILDING AND PARK CONSTRUCTION EXHIBIT 7
Fire Station #7 GENERAL CONDITIONS WORKSHEET
DESCRIPTION QUANTITY .UNIT UNIT COST TOTAL
Project Manager - Barry Choy (1/4 Time) 8 WKS 3217.73 25,742
Projec~ Superintendent - Dan Dell (Full Time) 32 WKS 2909.24 93,096
Pro est Engineer - TBD (1/4 Time) 8 WKS 1944.51 15~556
Project En~jineer - TBD (1/4 Time) 8 WKS 1944.51 15,556
Field Office Coordinator - TBD (1/4 Time) 8 WKS 1308.56 10~468
Safe~ Inspector 32 WKS 113.94 3,646
SUBTOTALS 189~806
PROJECT SITE OFFICE
Temp. Office Mobilization/Demobilization I LS 4,588 4r588
Temp. Office Rental 7 MOS 500 3r700
Office C ean n~J 7 MOS 150 1~110
Office Equipment - Computer, Copierr Fax 7 MOS 250 1~850
Office Supplies 7 MOS 336 2,490
Phone Sst-up from POC to trailer ' In Temp Power
Telephone Service - Pac Bell & Nextel 7 MOS 250 1,850
Postage~ Courier~ Federal Express 7 MOS 250 1~850
Small Tools Non m~ju/md for Ge~e,'f Con~mctot
Protective Equipment/First Aid Supplies 1 LS 1500 1,500
SUBTOTALS 18~938
GENERAL EXPENSES
Repro. Costs/Coordination (Drw~s Only) I LS 500.00 500
Scheduling 7 MOS 150.00 1~110
Progress Photos 7 MOS 150.00 1~110
Insurance $8.o0/$1,o00 of #~e cost of the w~'k
Bonds If muired O. 7~ of the cost of the work
SUBTOTALS 2~720
TEMPORARY SERVICES
Toilets/Handwash Stations 7 MOS 575 4,255
Storage Container 7 MOS 250 1~850
Dumpster/Debris Box 7 MOS 650 4~810
Temporary Power Set-up (quote from Power Plus) we recommend bidding this with th~ Elec. Contr~ 6~195
Temporary Power usa,~e 7 MOS 300 2~220
Temporary Water 7 MOS 100 740
SUBTOTALS 20~070
CCV FS#7 GCs Attchmnt D contract 9-23-02 Half Time PM
Page I of 3 9/23/02
City of Chula Vista BUILDING AND PARK CONSTRUCTION EXHIBIT 7
Fire Station #7 GENERAL CONDITIONS WORKSHEET
I DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
SITE SERVICES
Security Guard Services (sea breakdown below) we recommend bidding this with the trades 43r142
Security Site Fencing Co~ of Work h~bded In subcontractor scope
Barricades cost of Wod~ k~/uded In subcon#actor scope
Traffic Control Cost of ~ ~.fed In subcontractor scope
Dust Control (see breakdown below) 4,932
SUBTOTALS 48~074
MISCELLANEOUS ITEMS Cost of Wor~ in sul~contractor scope
Survey~ Staking & Restaking
Daily Clean Up C. eU of work In subcontractor scope
Final Clean Up
Cost of Work In ~ scope
SUBTOTALS
PROJECT VEHICLE EXPENSES ,~ La~x~*R~2~590
Trucks/Cars (Included in Labor Rates)
Car Expense (Included in Labor Rates)
Fuet 7 MOS 350
SUBTOTALS 2~590
TOTAL GENERAL CONDITIONS ~
CCV FSi7 GCs Attchmnt D contract 9-23-02 Half Time PM
Page 2 of 3 9123102
City of Chula Vista BUILDING AND PARK CONSTRUCTION EXHIBIT 7
Fire Station #7 GENERAL CONDITIONS WORKSHEET
Detailed eetimates for Security and dost control items included in line items above
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
SECURITY GUARD SERVICES
Set-Up fee 1 EA 300 300
Monitoring (Monday thru Friday 12hfs/dayr Satur( 30 WKS 1408 42,803
& Sunday 24hrs/day)
Holiday Premium Time 3 13 39
SUBTOTALS 43~142
IIJIDEsCRIPTION qUANTITY UNIT UNITOOST TOTAL J
DUST CONTROL
2" Water Meter (deposit) I EA 850
nsta at on and Removal 1 EA 128 128
Monthly Base Fee 7 MOS 100 740
Additional Fees 7 MOS 13 9~
Water Usage 7 MOS 100 740
Fire Hose and Nozzle I EA 500 500
Laborer {~ 2 hrs/wk 61 HRS 45 2,728
SUBTOTALS 4~932
CCV FSi7 GCs Attchmnt D contract 9-23-02 Half Time PM
Page 3 of 3 9/23/02
COUNCIL AGENDA STATEMENT
Item No.: #
Meeting Date: 10/22/02
ITEM TITLE: Report: Council ratification of proposed appointments to fill eight (8)
positions on the General Plan Update Steering Con~nittee
SUBMITTED BY: Director of Plarming and Building/~/,~/
REVIEWED BY: City Manager ~'~.t~ (4/Sths Vote: Yes No X )
In July 2002 Council took its initial action to authorize formation of a Steering Committee and
three Subconwnittees for the General Plan Update. Staff was to work through the General Plan
Management Team (GPMT) to recommend membership appointments for ratification by the
City Council. Membership for the Subcommittees was ratified by Council on September 10,
2002. Staff is now returning for ratification of eight Steering Committee positions. The eight
positions were advertised for approximately one month, and staff has since reviewed the list of
interested candidates with the GPMT, and received their recommendations. This report
forwards the GPMT's eight recommended members for Council ratification.
RECOMMENDATION: That Council accept the report and ratify the proposed Steering
Committee members.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On July 9, 2002, the City Council authorized formation of a committee structure for the General
Plan Update consisting of a Steering Committee, and three Subcommittees tied to each of the
major topic areas of the General Plan Update (GPU); Economic Development, Environment &
Open Space, and Infrastructure & Services (see Attachment 1). The committees serve as a
means for ongoing involvement in the Update by key stakeholder interests, members of City
boards and commissions, and residents. Staff was directed to proceed with the selection of
members, and return to Council for ratification of certain of those proposed selections. Council
ratified member appointments for the Subcommittees on September 10.
This report addresses member selections for the Steering Committee which has a total of 12
members. Four (4) of those positions are filled by member representatives from each of the three
Subcommittees, and a member of the Planning Commission. These members are to be selected
by those bodies and do not require Council ratification. On September 25, 2002, the Planning
Page 2, Item No.: ] ~
Meeting Date: 10/2202
Commission selected Kevin Oneill as their representative. The Economic Development
Subcommittee held its first meeting on October 2, and selected member Chris Lewis, and the
Infrastructure and Services Subcommittee met on October 10 and selected member Bill Tripp.
The Environment, Open Space & Sustainable Development Subcommittee is scheduled to hold
its first meeting on October 28, and staff will inform Council of their Steering Committee
representative selection.
The other eight (8) positions on the Steering Committee include the following, and require
Council ratification of proposed members:
(4) - positions for residents to represent four major geographic areas: North (north of L St.
west of 1-805), South (south of L St. west of 1-805), East (east of 1-805), and
Unincorporated (Sweetwater/Bonita).
(4)- positions to represent the following stakeholder interests; Education, Housing,
Transportation, and Finance & Real Estate.
Outreach for Interested Candidates
To ensure ample outreach to the community to advertise for the eight available positions, an
approximately one-month window was provided to apply (September 10 closing date) along with
the following notification efforts:
· City General Plan website notice
· Information at General Plan display in the PSB lobby
· Letters sent to 22 agencies and groups, and to 27 contacts from our "visioneer" program
· 8/15 & 8/17- color notices published in SD Union South County edition
· 8/16 Star News editorial devoted to Steering Committee
· 8/18 General Plan booth at Lemon Festival
· 8/25 General Plan booth at Celebrate Chula Vista
Appointment of Proposed Steering Committee Members
As noted above, interested members were solicited for the eight (8) available Steering
Committee positions. While a number of "letters of interest" and other contacts were received,
as of the time of the September 10 closing date, we had still not received any candidates for the
South Area resident representative, or for the Housing or Transportation stakeholder groups.
Staff was able to reach out to some potential candidates and was successful in obtaining some
preliminary commitments to serve from some well qualified individuals.
As presented in Attachment 2, a total of 19 people expressed interest in participating. Two of
them ultimately did not apply, and a third was recommended later in the process and we were
unable to speak with them prior to the GPMT's review of candidates. The GPMT met on
September 23 to review the list of candidates and information presented in Attachment 2. As a
result of those discussions, the GPMT selected the following persons to fill the eight Steering
Committee positions, and is forwarding them for Council ratification. Collectively, the proposed
Page 3, Item No.: /[
Meeting Date: 10/2202
members bring a cross-section of different experiences and perspectives, and include both long-
time and newer residents, which the GPMT feels will help to maintain the broader perspectives
required of the Steering Committee.
North Area Resident - Diana Rude
Ms. Rude has been a resident for over 35 years, graduated from Hilltop High and has
taught for the Sweetwater Union High School District at CV High for 14 years. She is
also involved in local veterans affairs through volunteering at the CV Vetrans Home, and
as an auxiliary member of the Vetrans of Foreign Wars Post #2111, and the American
Legion Post #434. Ms. Rude is also a member of the City's Parks and Recreation
Commission.
South Area Resident - Rudy Ramirez
Mr. Ramirez has lived his entire life (42 years) in south Chula Vista. He is currently the
Vice President of South Bay Forum which is a political action group focused on social
and other issues in the South Bay area. He also sits on the Board of the World Affairs
Council of San Diego. Mr. Ramirez is currently a member of the Chula Vista Board of
Ethics, and participated in the General Plan "visioneer" program.
East Area Resident - Randall Krogman
Mr. Krogman and his family are newer residents of the City having moved to the Rancho
del Rey area a little over 3 years ago. He has 3 children attending local schools, and he
and his wife are active with the schools, and the family participates in City parks and
recreation, and YMCA programs. Mr. Krogman is employed as a Staff Officer for
County's Chief Financial Officer. He manages projects for the County's finance and
general government departments on behalf of the CFO. He previously worked for the
Sherift's Dept. where he oversaw the budget for the Medical Division.
Sweetwater/Bonita Area Resident ~ Patricia Aguilar
Ms. Aguilar lives on Surrey Dr. within a City portion of the Bonita area. She has a strong
educational and professional background in Architecture and Urban Planning. She has
and continues to be involved with the City, having served on our Planning Commission
in 1998, and presently as a member of the Design Review Committee. Ms. Aguilar
brings a unique set of practical skills to the group. Just to note, she was the only
respondent from Sweetwater/Bonita area.
Education - Steven Savel
Mr. Savel is a retired high school principal with the San Diego Unified School District,
and he and his family have resided in Chula Vista since 1972 (30 years), having been in
their present home on Sierra Way in western Chula Vista since 1977. He continues to
work as an Adjunct Faculty member at San Diego City College, and recently also helped
Page 4, Item No.: /l
Meeting Date: 10/2202
open the last two school years at San Diego High School. He has also been involved in
traffic safety issues in his neighborhood.
Housing -Mitch Thompson
Mr. Thompson has extensive experience in the housing field. He is currently employed
as the Senior Vice President/Executive Director of Housing and Community
Development for the MAAC Project. Prior to that he served in various positions as Vice
President and Senior Vice President for Bank of America Community Development Bank
for 12 years. He was the City's Housing Coordinator in 1988/89, and served as Housing
Development and Finance Manager for the County of San Diego's Housing and
Community Department for 9 years (1979-'88). He has been a resident of the Bonita area
for l 5 years.
Transportation - Gregory Alabado
Mr. Alabado retired from the City in 1998 after 19 years of service. He worked as a
Transit Analyst, Transit Specialist and the Assistant Transit Coordinator. He is currently
a member of the City's Housing Advisory Commission, and also sits on thc City of San
Diego's Asian Pacific Islander Advisory Board. Mr. Alabado is also a member of the
Bonita Optimist Club. He and his family have lived in Chula Vista for more than 28
years. Mr. Alabado also participated in our GP "visioneer" program.
Finance / Real Estate - Paul Nieto
Mr. Nieto has over 25 years of experience in the real estate and development industry,
and has been a Chula Vista resident for approximately 10 years. He has worked in
varying capacities including 13 years in real estate finance with Union Bank, as president
of EastLake Development Co. from 1993 to 1999, and is currently serving as
President/CEO of Project Design Consultants (PDC), a multi-disciplinary engineering
and land planning firm in San Diego. Mr. Nieto is also the City Council's appointed
representative on thc Greater San Diego Area Economic Development Commission.
It should be noted that all the Steering Committee meetings will be noticed, and that all those
who expressed interest in Conm~ittec membership will be invited and encouraged to attend, as
will the public at-large. In addition, various city staff, and individuals from outside agencies
and organizations will be asked to attend meetings from time-to-time to provide and discuss
information, and to otherwise serve as technical advisors to the Steering Committee.
The Steering Committee will being meeting in early November, and will continue to meet
monthly throughout the duration of the General Plan Update. It is intended that periodic reports
will be provided to Council from the Steering Committee to keep Council apprised of their
discussions and activities.
Page 5, Item No.: //
Meeting Date: 10/2202
FISCAL IMPACT:
None. This action only regards Council ratification of select member appointments on the
Steering Committee. Staff time and materials associated with supporting the General Plan
Update Steering Committee was included with the General Plan Update budget previously
approved by Council.
Attachments
Committees Organizational Diagram
2 Steering Committee Candidates Summary
J:\Planning\ed\GP Public Outreach\Steering Committee members ratification Al 13 10-16-02.doc
//~, ~ ATTACHMENT I
COUNCIL AGENDA STATEMENT
Item: /~
Meeting Date: 10/22/02
ITEM TITLE: Ordinance of the City Council of the City of Chula Vista
Amending Sections 2.41.040, 2.41.050 and 2.41.060 of the Chula Vista
Municipal Code Relating to the Voting Membership of the Nature Center
Board of Trustees
SUBMITTED BY: Nature Center Direc~p~
REVIEWED BY: City ManagerC/£
(4/5ths Vote: Yes No X )
The recent creation of the advisory board for the Nature Center set the voting membership at
nine members based on the former membership of the Bayfront Conservancy Trust. This
amendment would set the voting membership at a minimum of five with a maximum of nine in
order to afford the Council greater flexibility in making appointments and still meet quorum
requirements for conducting commission business.
RECOMMENDATION: That the Council adopt the ordinance amending sections 2.41.040,
2.41.050 and 2.41.060 of the Chula Vista Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The recent creation of the advisory board for the Nature Center (Nature Center
Board of Trustees) set the voting membership at nine members based on the former
membership of the Bayfront Conservancy Trust (BCT). The BCT membership consisted of:
· Re ~resentative of the City of Chula Vista
· Re ~resentative of the City of National City
· Re)resentative of the California Coastal Commission
· Re ~resentative of the California Department of Fish and Game
· Re)resentative of the San Diego County Board of Supervisors
· Re)resentative of the San Diego Unified Port District
· Re)resentative of the US Fish and Wildlife Service (non-voting)
· Re)resentative of the Nature Center Volunteers
· Mid-Bayfront Property Owner
· Representative of the Environmental Community
· Representative of the Educational Community
The intention was to reconstitute the BCT as the new advisory board of the City. However,
since the dissolution of the BCT, some of the partner public agencies have requested their
membership be reclassified from voting to non-voting ex-officio due to the potential for
incompatibility of office issues.
It is now proposed that the membership of the new Board of Trustees include 5-9 voting
members. The voting members shall be representatives of:
/2
Item #:
Meeting Date: 10/22/02
· Representative of the Nature Center Volunteers
· Chula Vista At-Large Member
· Representative of the Environmental Community
· Representative of the Educational Community
· Representative of the Friends of the Chula Vista Nature Center
· Up to Four General Members
The Municipal Code currently authorizes the City Council to appoint such additional Ex-Officio
(non-voting) members as they deem appropriate. Staff intends to recommend appointment of
representatives of the following public agencies:
· Representative of the California Coastal Commission
· Representative of the California Department of Fish and Game
· Representative of the San Diego County Board of Supervisors
· Representative of the San Diego Unified Port District
· Representative of the US Fish and Wildlife Service
The Municipal Code currently requires five members for a quorum (the majority of nine voting
members). With the potential for only having five members with voting rights, a quorum would
be difficult to maintain. This amendment would now set the quorum necessary to conduct a
meeting at a majority of the voting members appointed by the Council at the time of the meeting.
Although the Nature Center has not received applications for other seats on the Board beyond
those listed above, staff is actively pursuing contacts to expand regional stakeholder
participation for the future.
This amendment would set the voting membership at a minimum of five with a maximum of nine
in order to afford the Council greater flexibility in making current and future appointments and
still meet quorum requirements for conducting commission business.
FISCAL IMPACT: There are no fiscal impacts created by this action.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTIONS 2.41.040, 2.41.050 and
2.41.060 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE VOTING MEMBERSHIP OF THE
NATURE CENTER BOARD OF TRUSTEES
WHEREAS, The City Council adopted Ordinance No. 2852 establishing Section 2.41 of
the Municipal Code and creating the Nature Center Board of Trustees; and
WHEREAS, to provide greater flexibility in the membership appointment process and to
address concerns by some outside agencies involved with the Board of Trustees, Staff has
recomtnended modifying the Code related to Voting Membership.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION 1: That Section 2.41.040 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.41.040 Membership.
A. Number of Members. The Board of Trustees shall consist of a minimum of 5 and a
maximum of:9 voting members, one staff ex-officio member and such general ex-officio
members of the Board of Trustees ~ts the City Council shall, from time to time, appoint.
B. Designation of Members.
1. Voting Members. The voting 9-members shall be appointed by the City Council
in accordance with the provisions of Section 600, et seq., of the Charter.
2. Staff Ex-Officio Member. The one staff ex-officio member shall be the City
Manager or his designated representative, who shall not be required to be a qualified elector of
the City, and who shall have no vote ("staff ex-officio member").
3. General Ex-Officio Members. The City Council, or its designee, may appoint
such additional ex-officio members of the Board of Trustees as the'/deem appropriate. Any such
appointed ex-officio members shall have no vote ("general ex-offiCio member").
SECTION II: That Section 2.41.050 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.41.050 Term of Office.
A. Term of Office All Classes of Members.
I. Post-Initial Terms. Except as otherwise provided in this subsection (A), the term
of office of all members, and all classes of members, of said Board of Trustees shall be for a
nominal period of four years, and shall terminate on June 30th of the fourth year of their term,
unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.
Ordinance
Page 2
2. Initial Terms of Voting Members. Notwithstanding subsection (A)(1) of this
section, the initial terms of voting members shall commence upon appointment and shall
conclude for 1 voting member on June 30, 20093; for 2 voting members on June 30, 20034; and
for 3 voting members on June 30, 2004~, at ............ ~, ......................... 5, unless
they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.
a. Appointment to Initial Terms by Lot. Appointment of the initial voting
members as to the initial terms shall be determined by lot, the faimess of
which method shall be approved by the Mayor in advance if agreement as
to method cannot be reached among the voting members.
3. Staff-Ex-Officio Member. The term of the staff ex-officio members shall be
indefinite.
4. General Ex-Officio Member. The term of general ex-officio members shall be for
a period of four years from the time of appointment.
5. Holdover Office. Notwithstanding the end of any member's initial term or post-
initial term as herein provided, a member, other than the staff ex-officio members, shall be
permitted to continue to exercise the privileges of his or her former office for not longer than six
months after the end of the term until the office to which the member was appointed is filled by
reappointment or by the appointment of a qualified successor.
6. Vacancies. Notwithstanding the term of office to which a member is appointed,
said office shall be deemed vacant upon any of the following events ("event of vacancy"):
a. The death or disability of said member that renders said member incapable
of performing the duties of his office.
b. The member's conviction of a felony or crime involving moral turpitude.
c. The member's absence from three regular consecutive meetings of the
Board of Trustees unless excused by majority vote of the Board of
Trustees, expressed in its official minutes.
d. The member has submitted a resignation, which resignation has been
accepted by the City Council.
e. The membership has been terminated by four affirmative votes of the City
Council.
Upon the occurrence of an event of vacancy as hereinabove listed, the City Council shall
so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill
said vacancy.
B. Number of Terms.
Ordinance
Page 3
1. Voting Members.
a. Two-Term Limit. No voting member shall be appointed to more than two
terms except as herein provided ("two-term limit").
b. Unexpired Term Exception. Notwithstanding the two-term limit, a person
appointed to the Board of Trustees as a voting member to fill the
unexpired term of an office of a voting member which has become vacant
("unexpired term"), which has less than two years remaining on said
unexpired term, may be appointed to two terms in addition to their
unexpired term. A voting member who currently occupies an office may
not be reappointed to fill the unexpired term of another office which has
become vacant.
c. Initial Term Exception. Notwithstanding the two-term limit, a person
appointed to an initial term of two or less years may be appointed at the
natural expiration of their initial term to two full four-year terms in
addition to their initial term. A voting member who occupies an office
under an initial term may not be appointed to fill the unexpired term of
another office which has become vacant.
d. Any voting member may be reappointed to serve on the Board of Trustees
after two successive years of not serving on the Board of Trustees in any
office or membership capacity - voting or staff ex-officio.
2. Staff Ex-Officio Member. The staff ex-officio members shall serve at the
pleasure o f the City Council.
3. General Ex-Officio Members. A general ex-officio member may be reappointed
without limitation as to number of terms.
SECTION III: That Section 2.41.060 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.41.060 Operation of Board of Trtlstees.
A. Frequency, Time and Place of Regular meetings. The Board of Trustees shall hold at
least on regular meeting each month commencing at 4:00 p.m. on the first Wednesday thereof, or
at such other day and time that it shall designate by written resolution, a copy of which shall be
forwarded to the City Council and entered in the minutes of the meeting thereof, at the Chula
Vista Nature Center, Chula Vista, or at such other place that it shall designate by written
resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of
the meeting thereof, or as may be posted upon the door of Nature Center at least 30 minutes in
advance of the meeting.
B. Officers of the Board of Trustees. The Board of Trustees shall select a chair and a vice-
chair from among its voting members. The chair and vice-chair so selected shall serve for a
period of one year.
12
Ordinance
Page 4
C. Special meetings. The Board of Trustees may meet specially at such other times, days
and places as it shall establish by majority vote, or at such time as the chair thereof may call, or
at such times as a majority of the members thereof may call a meeting.
D. Conduct of Meetings. The meetings of the Board of Trustees, and notice thereof, shall be
governed by the same rules and regulations by which the City Council is bound in the conduct of
public meetings.
E. Quorum. ~-A ma~L9Ofi&g, of the voting members appointed at the time of the meeting_shall
constitute a quorum for the transaction of business.
F. Resolutions. A majority of the votes cast, but not less than a majority of the quorum,
shall be required for the passage of any resolution of the committee.
G. Reports and Recommendations. All reports and recommendations shall be made in
writing.
H. Staff Support. All officers and department heads shall cooperate with, and render
reasonable assistance to, the Board of Trustees. The City Manager may make available staff and
clerical support to the Board of Trustees to fulfill its functions and duties, provided such staff
and clerical support is available.
I. Rules and Regulations. The Board of Trustees may make such rules and regulations not
inconsistent with the provisions of this chapter.
J. Gifts and Grants. The Board of Trustees may, subject to the approval of the City
Council, accept gifts and grants from any source to assist it in the performance of its functions.
K. By-Laws. The Board of Trustees may pass such other and further rules and regulations
regarding the internal affairs of the Board of Trustees as are not inconsistent with the terms and
conditions of this chapter.
SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading and adoption.
Prepared by Approved as to form by
David D. Rowlands, Jr.
C ityManager
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TITLE: Resolution Approving the agreement with South Bay Volkswagen
for the donation of a Volkswagen Beetle to the City's Library Department for use as a "South
Bay Book Bug" to promote awareness about the Department and its programs
SUBMITTED BY: Deputy City Manager Palmer
REVIEWED BY: City Manager~5J) (4/5ths Vote: Yes __ No x_~.__)
South Bay Volkswagen has approached the Library Department about a partnership whereby the
dealership will donate a Volkswagen Beetle and accompanying materials to the Department for
one year, to use in a "South Bay Book Bug" program to promote awareness about the
Department and its programs. In return, South Bay Volkswagen will receive recognition as the
South Bay Book Bug sponsor. Staffreconunends approval of an agreement with the dealership.
RECOMMENDATION: That Council adopt the resolution approving the agreement with
South Bay Volkswagen for the donation of a Volkswagen Beetle to the City's Library
Department for use as a "South Bay Book Bug" to promote awareness about the Department and
its programs.
BOARDS/COMMISSION: Staff informed the Library Board of Trustees at its August 21,
2002 meeting that discussions with South Bay Volkswagen were underway regarding the
possible donation of a Volkswagen Beetle to the Library.
DISCUSSION:
The owner of South Bay Volkswagen approached Library staff about his interest in promoting
reading and libraries and has offered to donate a Volkswagen Beetle to the Library for its use for
approximately one year, through December 19, 2003. Library staff has been developing a plan
to use the Beetle as a "South Bay Book Bug" to use at special events sponsored by the Library,
Office of Cultural Arts, and the City. South Bay Volkswagen has provided a wonderful
opportunity for the Library to promote the joy of reading and literacy, and promote the offerings
and programs at the Library, in exchange for receiving recognition as a partner of the Library
and Book Bug sponsor. Attached, as Attachment "A', is the proposed agreement between the
dealership and the City. Some of the key features of the agreement are listed below.
South Bay Volkswagen agrees to:
· Decorate, with the assistance of its advertising agency, AM Advertising, the Book
Bug with custom-developed d6cor, including colorful images of the Library's logo,
City logo, South Bay VW logo, website addresses of the City and South Bay VW,
and book/reading images, as approved by the City. The cost of $3,500 for a partial-
body wrap (custom-developed dfcor) will be shared, with South Bay VW
contributing $1,750 and the City contributing $1,750.
Page 2, Item ~
Meeting Date 10/22/02
· Create, with the assistance of AM Advertising, a graphic icon for the Book Bug to be
used on all South Bay Book Bug Program promotional materials and signage, and
other materials as determined by the Library~ as approved by the City.
· Produce and provide City-approved promotional materials, which may include 5,000
black and white copies of the "The Adventures of the Book Bug", an up-to-12 page
illustrated book for children that will be written by the Library, estimated to cost
$3,000 (which includes crayons), stickers, key chains, bookmarks, and signs, that
carry the Book Bug graphic icon, Library's logo, City logo, and South Bay VW logo.
The City will contribute up to $l,250 toward the cost of producing these items. The
key chains and bookmarks may be produced at a later date, with the City and South
Bay VW mutually agreeing upon the number and the cost.
· Develop an ongoing media relations program administered by AM Advertising, and
as approved by the City, to promote awareness of the Library, South Bay VW, Book
Bug program. Media relations program may include press kits, press releases, and
photos for electronic and print media.
· Make any repairs to the Book Bug, except those caused by normal wear and tear,
since the Book Bug is under manufacturer's warranty.
· Provide routine service for the vehicle over the term of the Agreement, including the
cost of oil and lubrication.
The City agrees to:
· Recognize South Bay VW as a partner of the Library as the Book Bug sponsor on the
Library website, pertinent signs at events or within libraries, promotional materials,
and handouts at Library events featuring the Book Bug, as determined by the Library.
· Use the Book Bug for Library-related business only, including allowing the Friends
of the Library to use the vehicle for the Homebound program, and pick up or delivery
of donated books.
· Provide a designated parking spot, marked with colorful signage provided by South
Bay VW and subject to City approval, for parking of the Book Bug at the branch
libraries and/or City parking lots. Parking spots to be as close as possible to entrances
to Civic Center and South Chula Vista branch libraries during open hours.
· Provide link from the Library website to the Book Bug page of the South Bay VW
web site.
· Offer dealership the opportunity to have fact sheets about the Volkswagen Beetle,
informational sheets about South Bay VW's location, hours, types of vehicles sold by
dealer, and staff representation from dealership to answer questions about the fact
sheets or informational sheets, whenever the Book Bug is out at Library or City
events, subject to Library's approval.
Page 3, Item [~
Meeting Date 10/22/02
· Provide opportunity for South Bay VW staff to attend special story times to read to
children, when the Book Bug is present.
· Implement South Bay Book Bug program, with Book Bug made available at the
events shown in Exhibit A of the Agreement, which include Celebrate Chula Vista,
Yule Parade, Taste of the Arts, Lemon Festival, Day of the Child, and selected story
times at the branch libraries.
· Assume responsibility for the care, custody and control of the Book Bug,
subject to the same rules and regulations and restrictions of City-owned
vehicles, including no smoking in the vehicle.
· Provide a letter to South Bay VW stating that the City is self-insured, and that
the City will pay for repairs to the Book Bug caused by an accident or other
damage not caused by normal wear and tear.
· Abide by all maintenance standards set by South Bay VW for the Book Bug,
and as approved by the City's Fleet Manager.
Participation in this partnership with South Bay Volkswagen is in keeping with established goals
in the Library's Strategic Plan 2002-2006 to "Continue to enter into partnerships to integrate
library service into the Chula Vista community", "Commit to making marketing and
communications a priority", "Increase the visibility and community awareness of the library, its
services, programs and funding needs", and "Consider collaborative opportunities to improve or
meet library goals and contain costs, if possible."
FISCAL IMPACT:
The Library will absorb the cost of gasoline in its operating budget, which should not exceed
$500 for the remainder of the fiscal year. South Bay Volkswagen is paying for the regular
maintenance of the Book Bug. As part of the agreement, the City will pay any costs for
extraordinary wear and tear or repairs not covered under the manufacturer's warranty. The
Library does not expect to incur such costs. The Library is also absorbing up to $1,750 toward
the cost of decorating the Book Bug and $1,250 toward the cost of printing the Book Bug book
and providing promotional materials.
Attachment A Agreement between the City and South Bay Volkswagen
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT WITH SOUTH
BAY VOLKSWAGEN FOR THE DONATION OF A
VOLKSWAGEN BEETLE TO THE CITY'S LIBRARY
DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO
PROMOTE AWARENESS ABOUT THE DEPARTMENT AND
ITS PROGRAMS
WHEREAS, South Bay Volkswagen has approached the Library Department about a
partnership whereby the dealership will donate a Volkswagen Beetle and accompany materials to the
Department for one year to use in a "South Bay Book Bug" program to promote awareness about the
Department and its programs; and
WHEREAS, South Bay Volkswagen will receive recognition as the South Bay Book
Bug sponsor; and
WHEREAS, staff recommends approval of an agreement with the dealership.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the agreement with South Bay Volkswagen for the donation of a
olkswagen Beetle to the City s Library Department for use as a "South Bay Book Bug" to promote
awareness about the Department and its programs, 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 said
agreement on behalf of the City of Chula Vista.
Prcsented by Approved as to form by
David Palmer John M. Kaheny
Deputy City Manager City Attorney
J:',Attorney',RESO\South Bay Book Bug.doc
AGREEMENT
BETWEEN
THE CITY OFCHULAVISTA
AND
SOUTH BAY VOLKSWAGEN
THIS AGREEMENT, by and between the City of Chula Vista, a municipal
corporation (hereinafter "City"), and South Bay Volkswagen (hereinafter "South Bay
VVV") for the donation of a Volkswagen Beetle by South Bay VVV to the City's Library
Department (hereinafter "Library") for use as a "South Bay Book Bug" (hereinafter "Book
Bug") to promote awareness about the Library and its programs, for the term of October
22, 2002 through December 19, 2003.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
I. RESPONSIBILITIES OF SOUTH BAY VOLKSWAGEN
1. Provide one fully functioning Volkswagen Beetle ("Bug") to the Library for
the term of the Agreement for its exclusive use and management, with the
City as the registered owner and South Bay VVV as the legal owner.
2. Decorate, with the assistance of its advertising agency, AM Advertising,
the Book Bug with custom-developed dscor, including colorful images of
the Library's logo, City logo, South Bay VW logo, website addresses of the
City and South Bay VVV, and book/reading images, as approved by the
City. The cost of $3,500 for a partial-body wrap (custom-developed dScor)
will be shared, with South Bay VVV contributing $1,750 and the City
contributing $1,750.
3. Create, with the assistance of AM Advertising, a graphic icon for the Book
Bug to be used on all South Bay Book Bug Program promotional materials
and signage, and other materials as determined by the Library, as
approved by the City.
4. Produce and provide City-approved promotional materials, which may
include 5,000 black and white copies of the "The Adventures of the Book
Bug", an up-to~12 page illustrated book for children that will be written by
the Library, estimated to cost $3,000 (which includes crayons), stickers,
key chains, bookmarks, and signs, that carry the Book Bug graphic icon,
Library's logo, City logo, and South Bay VVV logo. The City will contribute
Page 1
up to $1,250 toward the cost of producing these items. The key chains
and bookmarks may be produced at a later da~e, with the City and South
Bay VVV mutually agreeing upon the number and the cost.
5. Provide information about the Book Bug on the South Bay VVV website as
well as a link to the Library website.
6. Provide information about the Book Bug and the Book Bug program in the
dealership location.
7. Make any repairs to the Book Bug, except those caused by normal wear
and tear, since the Book Bug is under manufacturer's warranty.
8. Provide routine service for the vehicle over the term of the Agreement,
including the cost of oil and lubrication.
9. Register the Book Bug and get personalized license plate, with City paying
cost of registration and license plate and providing license plate name.
10. Develop an ongoing media relations program administered by AM
Advertising, and as approved by the City, to promote awareness of the
Library, South Bay VVV, Book Bug program. Media relations program may
include press kits, press releases, photos to electronic and print media.
II. RESPONSIBILITIES OF CITY OF CHULA VISTA.
1. Maintain, license and insure Book Bug.
2. Assume responsibility for the care, custody and control of the Book
Bug, subject to the same rules and regulations and restrictions of
City-owned vehicles, including no smoking in the vehicle.
3. Provide a letter to South Bay VW stating that the City is self-insured,
and that the City will pay for repairs to the Book Bug caused by an
accident or other damage not caused by normal wear and tear.
4. Assume the cost of gasoline and washing of the Book Bug.
5. Abide by all maintenance standards set by South Bay VVV for the
Book Bug, and as approved by the City's Fleet Manager. Damages
resulting from failure to properly maintain the Book Bug in
accordance with the maintenance guidelines of the manufacturer
could be the responsibility of the City.
Page 2
Service the Book Bug at South Bay VW's repair facility, except for
emergencies, at which time the City will take the vehicle to the
nearest authorized Volkswagen dealer, if feasible.
7. Compensate South Bay VW for the dollar amount attributed to
extraordinary wear on the Book Bug that exceeds what may be
established as normal wear and tear, as determined by auto industry
standards, subject to approval by the City's Fleet Manager regarding the
dollar amount and extent of extraordinary wear. Any disagreement on the
cost of such repair will be resolved by having the vehicle appraised by a
qualified appraiser. If after appraisal there is still dispute regarding the
dollar amount, the parties agree to submit the matter to arbitration.
8. Recognize South Bay VW as a partner of the Library as the Book Bug
sponsor on the Library website, pertinent signs at events or within
libraries, promotional materials, and handouts at Library events featuring
the Book Bug, as determined by the Library. The form of recognition may
be stickers with the Book Bug icon, as 9roduced and provided by South
Bay VVV, applied to said items.
9. Use the Book Bug for Library-related business only.
10. Provide a designated parking spot, marked with colorful signage provided
by South Bay VVV and subject to City approval, for parking of the Book
Bug at the branch libraries and/or City parking lots. Parking spots to be as
close as possible to entrances to Civic Center and South Chula Vista
branch libraries during open hours.
11. Provide link from the Library website to the Book Bug page of the South
Bay VW web site.
12. Offer dealership the opportunity to have fact sheets about the Volkswagen
Beetle, informational sheets about South Bay VVV's location, hours, types
of vehicles sold by dealer, and staff representation from dealership to
answer questions about the fact sheets or informational sheets, whenever
the Book Bug is out at Library or City events, subject to Library's approval.
13. Provide opportunity for South Bay VVV staff to attend special story times to
read to children, when the Book Bug is present.
14. Check out the Book Bug to the Friends of the Library volunteers for use on
Library-related business, such as Homebound program, and pick up or
delivery of donated books.
Page 3
15. Implement South Bay Book Bug program, with Book Bug made available
at the events shown in Exhibit A.
III. CHARITABLE DEDUCTION FOR SOUTH BAY VW
South Bay ~ may be entitled to take as a charitable deduction the difference between
the dollar amount it is costing South Bay VW to provide the Book Bug to the Library and
the cost of leasing the same vehicle at a fair market value. The Library will certify as to
the benefits derived from the use of the vehicle at South Bay VW's request.
IV. TERM/TERMINATION
The term of this Agreement shall commence on October 22, 2002, and continue through
December 19, 2003. Either party upon sixty- (60) day advance written notice may
terminate this Agreement.
V. HOLD HARMLESS I INDEMNIFICATION
Each party agrees to hold harmless the other, their elected and appointed officers,
trustees, agents and employees from and against all claims or damages, liability or
costs and expense (including without limitation attorney's fees) arising out of the
performance of this Agreement by the parties, their agents, employees, subcontractors
or others, except for only those claims arising from the sole negligence or sole willful
misconduct of either party, or their officers or employees. It is understood that such
indemnity shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day indicated in the terms of the Agreement.
Dated: ,200__
THE CITY OF CHULA VISTA SOUTH BAY VOLKSWAGEN
Shirley Horton, Mayor OwnS' t~
Approved as to form by:
John M. Kaheny, City Attorney
Page 4
Exhibit A
SOUTH BAY VW BOOK BUG
1. Storvtime with South Bay VW Staff& Book Bug
Attach to event for better attendance
CVPL staff to assist with selecting books if desired
Each story time will have a crafts program (e.g. "Creepy Crawly Crafts")- 1
book + 1 craft
° ABC Literacy Festival (October)
· Day of the Child (April)
· Civic Center Branch- Friendship Park
· EastLake Branch- Commurfity Park
· South Chula Vista Branch- local park
2. Book Bubo Only
Take your kid to work day (April)
· Taste of the Arts (April)
· Lemon Festival (August)
· Summer Reading Club Carnival (August)
· Celebrate Chula Vista (August)
·Arturo Barrios Race (October)
Gator by the Bay (October)
· Children's Book Week (November)
· Yule Parade (December)
3. Library Book- "Adventures with the Book Bu~"
· Contest to name the "bug"
Creation & printing of book to be supervised by the Children's Committee
· Local children's author to write book
· Approximately 12 pages in color with photos & coloring book elements
· Target age group- Pre-school {o 3rd grade
· A trip through the south bay to see the main attractions with the book bug:
-Civic Center Branch
-EastLake Branch
-South Chula Vista Branch
-South Bay VW
-CV Nature Center
-Olympic Training Center
-Soak City USA
-CV Marina/Harbor
-Fire Station
-School
-Park
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TITLE: Resolution Authorizing the Mayor to execute
agreements with the San Diego Unified Port District for
receipt of financial assistance in the amount of $48,500 for
Celebrate Chula Vista, $15,000 for the Arturo Barrios
Invitational and $ l 5,000 for Taste of the Arts by the Bay
SUBMITTED BY: Deputy City Manager David Palme~
REvIEWED BY: City Manager~' 4/5ths Vote: Yes No X
This spring, the San Diego Unified Port District (Port District) received funding requests to help
partially fund five events or programs in Chula Vista, three of which were submitted by the City.
The Port District granted Chula Vista a lump sum of $78,500 which City Council approved
allocating, at its August 20,2002 meeting, among three events - Celebrate Chula Vista, Arturo
Barrios Invitational, and Taste of the Arts. The Port District requires tha~ the City enter into formal
agreements, which stipulate conditions and City requirements for receipt of the approved funding.
This item executes those agreements for the three events.
RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute three
agreements with the San Diego Unified Port District for receipt of financial assistance.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City submitted financial assistance requests to the Port District for co-sponsorship of Celebrate
Chula Vista and Taste of the Arts by the Bay. Elite Racing submitted a request for the Arturo
Barrios Invitational on behalf of the City. The Board of Port Commissioners approved a lump sum
amount of $78,500 to the City at a meeting in July 2002. The City Council subsequently approved
allocating the funding among the three events.
Following approval, the Port District requires the City to enter into formal agreements which
stipulate certain conditions and City requirements for receipt of the approved funding (Attachments
"A-C'). The Port District agreements include a General Terms and Conditions section, which
contains Hold Harmless language and insurance requirements. This agreement process was
instituted by the Port District in 1993, to ensure that all recipients of Port District funding were using
funds for the purposes indicated on the request for funding, and to ensure that the Port District was
given adequate recognition in advertising and promotions for events that are co-sponsored and
partially or completely funded by the Port District. The City has entered into similar agreements in
the past for Port District funding.
Page 2, Item iq'
Meeting Date 10/22/02
The City Council had previously approved a contract with the Chula Vista Chamber of Commerce at
its August 6, 2002 meeting to produce Celebrate Chula Vista (Attachment "D"). The contract
stipulates funding allocated by the City during the FY 02-03 budget process as well as Port District
funding. It was executed with the Chamber to allow the Chamber to proceed with the planning of
Celebrate Chula Vista and was finalized after receiving notification that the Port District Board had
approved funding for the City.
Port District funding greatly enhances the scope, quality, and diversity of these events, and benefits
the City and its populace by providing attractive special events that attract large numbers of people to
the Bayfront. The Port District has reduced its financial grant program over the past few years and
further reductions are expected in the future. The Port District reductions have been applied to
member cities as well as outside agencies requesting funds. These reductions have decreased
financial support of Chula Vista events significantly. For example, in FY94-95, the Port District
helped in funding five City events for a total of $99,500. This year's total funding is $78,500 for
three events, which is the same as last fiscal year's allocation.
FISCAL IMPACT: The Port District has approved $78,500 in financial assistance to the City. The
City has allocated $48,500 for Celebrate Chula Vista, which supplements approved City funds of
$23,000 for this event. The City has also allocated $15,000 in financial assistance for the upcoming
Armro Barrios Invitational, supplementing City funding of $25,000. Finally, the City has allocated
$15,000 for Taste of the Arts, which will be held in the Spring 2003, supplementing City funding of
$33,000. The City funds of $81,000 and Port District funds of $75,500 were appropriated as part of
the adopted FY2002-03City operating budget, with the remaining $3,000 of Port District funds
appropriated by Council at its August 20, 2002 meeting.
Attachments: "A-C" - Port Agreements - Celebrate Chula Vista, Arturo Barrios Invitational, Taste
of the Arts
"D" - City Contract with Chula Vista Chamber of Commerce- Celebrate Chula Vista
C:kMy DocumentskCommunicationskPortagmtsetal02-03.doc
Attachment A
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the City of Chula Vista, a municipal corporation, herein
called "Contractor."
1. Contractor has a program known as "Celebrate Chula Vista Festival"
("Program").
2. The Program to be accomplished by Contractor contributes to a balance of District
navigational, commercial, fisheries, recreational and promotional programs designed to enhance
the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by ContraCtor is of such nature that the interests
of District are better served by an agreement with Contractor than by the performance of such a
program by District.
In consideration of the recitals and the mutual obligations of the parties as herein
expressed, District and Contractor agree as follows;
1. B.r. o4~tra~: Contractor shall conduct those program activities budgeted and
contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this
agreement. Each specific program activity shall be subject to prior approval of the Distdct
pursuant to the terms of Board of Port Commissioners Policy Number 025.
2. ' ' : The Marketing & Communications Division of the
District is designated as the Contract Administrator of this agreement and shall receive and
process all reports and requests for payment. All correspondence shall be sent to the following
address:
1
San Diego Unified Port District
Attn:Financial Assistance Program
Sheila Abrenica
PostOffice Box 120488
SanDiego, CA 92112-0488
3. ~Z/ZLD~~: The term of this agreement shall be from July 1, 2002
through June 30, 2003.
4. General Terms and Cnnditinns: The General Terms and Conditions attached
hereto are incorporated by reference as though fully set forth herein and by this reference are
made part of this agreement.
5. P_a,y.z]3~,~: District shall pay Contractor a sum not to exceed forty eight thousand
five hundred dollars {$48,500.00) to be used to perform the Program activities shown in Exhibit
A, subject to obtaining prior approval from the District as provided in Section 1, above.
a. No payment shall be made by District if any report (see Sections 1, 5, 8
and 9) required by this and previous agreements is not on file at the time payment
is due.
b. Payment shall be solely for reimbursement of expenses already paid by
Contractor. Requests for reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and payment [See Section
5.c.(2)]. Expenses must be incurred within the term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1) A formal request for reimbursement in the form of a
letter to the Contract Administrator. Only expenditures for program
activities for which prior approval from the District was obtained will
be reimbursed, provided, however, the Contract Administrator may
in exceptional circumstances reimburse unforeseen expenses
relating to the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and paid.
Proof of incurrence and payment is defined in General Terms and
Conditions attached hereto. Expenses must be incurred within the
term of this agreement.
d. Final requests for payment shall be submitted within Sixty (60) days
after the end of the term of this agreement.
e. Payments shall not be made by Distdct unless, and until, Contractor has
provided to Contract Administrator a plan, acceptable to said Administrator, of appropriate
public recognition or credit for the financial assistance as described herein.
f. No portion of District funds under this agreement shall be used for the
purchase of awards, trophies, prizes, gifts, uniforms, capital outlay or equipment or
for the buildup of reserves.
6. ~: District shall not be held accountable or liable for any monetary losses
incurred as a result of conducting said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be responsible for cash costs or support
services.
7. Limits of District Responsihility.: It is expressly understood and agreed that this
agreement constitutes the entire agreement between Contractor and District and supersedes all
prior negotiations. In no event shall Contractor be entitled to any compensation, benefits,
reimbursements or ancillary services other than as expressly provided in this agreement. No
modifications or amendments of this agreement shall be valid unless duly authorized, reduced to
3
writing and signed by the parties hereto.
8. Reporfin~_ Requirement.~:
a. Contractor shall submit a Quarterly Performance Report, if applicable,
which shall provide a quantitative indicator of the extent to which the Program
activities contained in Exhibit A have been met for the immediately preceding
quarter and fiscal year to date. This report form shall be provided by the Contract
Administrator.
b. Quarterly reports shall be accompanied by copies of publicity and
advertising material evidencing credit to the District for its financial Support.
c. Contractor shall inform Contract Administrator in writing upon the
resignation, retirement or discharge of its executive director or other managing
agent, or a majority change in the membership of the board of directors.
9. ' ' ' : Within Ninety (90) days after the end of Contractor's fiscal year,
Contractor shall file with the Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as follows:
a. A statement of the expenditure of District funds by Program activities
identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's agreement.
c. A statement of revenues and expenditures and a balance sheet of all
funds received by the Contractor.
d. If Distdct funding is Twenty Thousand Dollars ($20,000.00) or greater,
audited financial statements, including that mentioned in a, b and c, above, must
be prepared by an independent Certified Public Accountant. (If Contractor
receives funding from Two (2) District fiscal years during Contractor's fiscal year,
4
financial disclosure shall include separate data for each District fiscal year.)
10. No Third Party. Bc. neficiary: This agreement is made and entered into for the
benefit of the District and Contractor only, and is not intended for the benefit of any third party or
any other person, and no such third party or any other person shall be a third party beneficiary to
this agreement or otherwise have the right to enforce any provisions of this agreement.
11. ~2a/u~e,~J~: This agreement shall not be complete nor effective until
signed by either the Executive Director or authorized designee on behalf of the District and by the
other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By
Senior Director, Administrative Services/Treasurer
CITY OF CHULA VISTA
By
DOCS # 20050
. EXHIBIT A
Exhibit A
To the
Fee for Service Agreement
By and between
San Diego Unified Port District
And
City of Chnla Vista
CONSIDERATION:
As called for in the Agreement by and between the San Diego Unified Port District herein referred to
as "District" and the City of Chula Vista herein referred to as ("Contractor") dated October 1, 2002.
The "Contractor", in exchange for monetary consideration $48,500, has agreed to provide the
following marketing services. These services shall include but not be limited to:
Entertainment
Main Stage entertainment (daytime) $ 10,000
Chamber Orchestra performance fee 25,000
Children's entertainment 2,000
Classic car display 1,000
Fireworks 5,000
Stage manager 500
Subtotal $ 43,500
Marketing
Collateral material design (logo, flyers & posters) $ 3,000
Collateral material printing 1,500
Advertisement (design & production) 1,000
Vendor application printing 1,500
Map design 500
Photography 200
Venue banners & signage 3,000
Postage 350
Media kits 150
Production fee 30,500
Copy expenses 150
Messenger services 100
Subtotal $ 41,950
Advertising
Radio $ 5,550
Print 7,500
Event programs 3,000
Miscellaneous 500
Subtotal $ 16,550
DOCS#16536
Iq
Equipment/Production
Stages/canopies/tables $ 8,500
Sound equipment & technicians 3,500
Generators 6,000
Shuttle Buses 2,000
Pacific Bell 250
Radios 500
Golf carts 1,000
Waste receptacles 1,000
Sanitation 2,000
Barricades/signage 1,000
Miscellaneous 1,500
Subtotal $ 27,250
Other
Venue security (overnight and day of event) $ 1,500
Event grounds keeping 1,500
Insurance 1,000
Zone management 1,500
Subtotal $ 5,500
City of Chula Vista In-Kind Services
Recreation Division $ 1,000
Public Works/Parks 1,750
Event Publicity 5,400
Graphic design 2,000
Police/traffic control 11,500
Ambulance/tim 2,000
Set-up/tear down assistance 2,500
Miscellaneous 1,000
Subtotal $ 27,150
I Total Value: I $161,900 I
Funding Sources: City of Chula Vista $41,250 (25%)
In-Kind Subsidies: City of Chula Vista $27,150 (17%)
Por~ District (proposed) $48,500 (30%)
Booth Revenue $15,000 (09%)
Other Sponsorships $30,000 (19%)
Special Event Information:
Name: Celebrate Chula Vista Festival 2002
Date: August 25, 2002
Event Contact: Klm Himstreet (619) 585-5445
DOCS#16536 ]L[ ,~ q
Attachment B
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the Oity of Chula Vista, a non-profit corporation, herein
called "Contractor."
1. Contractor has a program known as "Arturo Barrios Invitational - October
2002" ("Program").
2. The Program to be accomplished by Contractor contributes to a balance of District
navigational, commercial, fisheries, recreational and promotional programs designed to enhance
the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such nature that the interests
of District ara better served by an agreement with Contractor than by the performance of such a
program by District.
In consideration of the recitals and the mutual obligations of the parties as herein
expressed, District and Contractor agree as follows:
1. ~: Contractor shall conduct those program activities budgeted and
contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this
agreement. Each specific program activity shall be subject to prior approval of the District
pursuant to the terms of Board of Port Commissioners Policy Number 025.
2. ' ' : The Marketing & Communications Division of the
District is designated as the Contract Administrator of this agreement and shall receive and
process all reports and requests for payment. All correspondence shall be sent to the following
address:
San Diego Unified Port District
Attn:Financial Assistance Program
Sheila Abrenica
PostOffice Box 120488
SanDiego, CA 92112-0488
3. Term of Agreement: The term of this agreement shall be from July 1, 2002
through June 30, 2003.
4. General Terms and Conditinn.~: The General Terms and Conditions attached
hereto are incorporated by reference as though fully set forth herein and by this reference are
made part of this agreement.
5. P_~: District shall pay Contractor a sum not to exceed fifteen thousand
dollars ($15,000.00) to be used to perform the Program activities shown in Exhibit A, subject to
obtaining prior approval from the District as provided in section 1, above.
a. No payment shall be made by District if any report (see Sections 1, 5, 8
and 9) required by this and previous agreements is not on file at the time payment
is due.
b. Payment shall be solely for reimbursement of expenses already paid by
Contractor. Requests for reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and payment [See Section
5.c.(2)]. Expenses must be incurred within the term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1) A formal request for reimbursement in the form of a
letter to the Contract Administrator. Only expenditures for program
activities for which pdor approval from the District was obtained will
2
be reimbursed, provided, however, the Contract Administrator may
in exceptional circumstances reimburse unforeseen expenses
relating to the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and paid.
Proof of incurrence and payment is defined in General Terms and
Conditions attached hereto. Expenses must be incurred within the
term of this agreement.
d. Final requests for payment shall be submitted within Sixty (60) days
after the end of the term of this agreement.
e. Payments shall not be made by Distdct unless, and until, Contractor has
provided to Contract Administrator a plan, acceptable to said Administrator, of appropriate
public recognition or credit for the financial assistance as described herein.
f. No portion of District funds under this agreement shall be used for the
purchase of awards, trophies, prizes, gifts, uniforms, capital outlay or equipment or
for the buildup of reserves.
6. ~: District shall not be held accountable or liable for any monetary losses
incurred as a result of conducting said program. It is agreed that District's monetary contribution
is limited to that stated herein and that Distdct shall not be responsible for cash costs or support
services.
7. Limits of District Responsibility.: It is expressly understood and agreed that this
agreement constitutes the entire agreement between Contractor and District and supersedes all
prior negotiations. In no event shall Contractor be entitled to any compensation, benefits,
reimbursements or ancillary services other than as expressly provided in this agreement. No
modifications or amendments of this agreement shall be valid unless duly authorized, reduced to
,3
writing and signed by the parties hereto.
8. ' ' :
a. Contractor shall submit a Quarterly Performance Report, if applicable,
which shall provide a quantitative indicator of the extent to which the Program
activities contained in Exhibit A have been met for the immediately preceding
quarter and fiscal year to date. This report form shall be provided by the Contract
Administrator.
b. Quarterly reports shall be accompanied by copies of publicity and
advertising material evidencing credit to the District for its financial support.
c. Contractor shall inform Contract Administrator in writing upon the
resignation, retirement or discharge of its executive director or other managing
agent, or a majority change in the membership of the board of directors.
9. Financial Di.~c. lr)~ure: Within Ninety (90) days after the end of Contractor's fiscal year,
Contractor shall file with the Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as follows:
a. A statement of the expenditure of District funds by Program activities
identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's agreement.
c. A statement of revenues and expenditures and a balance sheet of all
funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars ($20,000.00) or greater,
audited financial statements, including that mentioned in a, b and c, above, must
be prepared by an independent Certified Public Accountant. (If Contractor
receives funding from Two (2) District fiscal years during Contractor's fiscal year,
4
financial disclosure shall include separate data for each District fiscal year.)
10. No Third Party. B~.n~.ficiary.: This agreement is made and entered into for the
benefit of the District and Contractor only, and is not intended for the benefit of any third party or
any other person, and no such third party or any other person shall be a third party beneficiary to
this agreement or otherwise have the right to enforce any provisions of this agreement.
11. ~: This agreement shall not be complete nor effective until
signed by either the Executive Director or authorized designee on behalf of the District and by the
other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By.
Senior Director, Administrative Services/Treasurer
CITY OF CHULA VISTA
By
DOCS # 20077
.5
Attachment C
AGREEMEN~
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the City of Chula Vista, a municipal corporation, herein
called "Contractor."
1. Contractor has a program known as "Taste of the Arts Festival 2003"
("Program").
2. The Program to be accomplished by Contractor contributes to a balance of District
navigational, commercial, fisheries, recreational and promotional programs designed to enhance
the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such nature that the interests
of District are better served by an agreement with Contractor than by the performance of such a
program by District.
In consideration of the recitals and the mutual obligations of the parties as herein
expressed, District and Contractor agree as follows:
1. P_..rJ:~r.a[Q: Contractor shall conduct those program activities budgeted and
contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this
agreement. Each specific program activity shall be subject to pdor approval of the Distdct
pursuant to the terms of Board of Port Commissioners Policy Number 025.
2. ' ' : The Marketing & Communications Division of the
District is designated as the Contract Administrator of this agreement and shall receive and
process all reports and requests for payment. All correspondence shall be sent to the following
address:
San Diego Unified Port District
Attn:Financial Assistance Program
Sheila Abrenica
PostOffice Box 120488
SanDiego, CA 92112-0488
3. :~/~: The term of this agreement shall be from July 1, 2002
through June 30, 2003.
4. General Terms and Conditions: The General Terms and Conditions attached
hereto are incorporated by reference as though fully set forth herein and by this reference are
made part of this agreement.
5. P__.~: District shall pay Contractor a sum not to exceed fifteen thousand
dollars ($15,000.00) to be used to perform the Program activities shown in Exhibit A, subject to
obtaining prior approval from the District as provided in Section 1, above.
a. No payment shall be made by District if any report (see Sections 1, 5, 8
and 9) required by this and previous agreements is not on file at the time payment
is due.
b. Payment shall be solely for reimbursement of expenses already paid by
Contractor. Requests for reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and payment [See Section
5.c.(2)]. Expenses must be incurred within the term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1) A formal request for reimbursement in the form of a
letter to the Contract Administrator. Only expenditures for program
activities for which prior approval from the District was obtained will
2
be reimbursed, provided, however, the Contract Administrator may
in exceptional circumstances reimburse unforeseen expenses
relating to the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and paid.
Proof of incurrence and payment is defined in General Terms and
Conditions attached hereto. Expenses must be incurred within the
term of this agreement.
d. Final requests for payment shall be submitted within Sixty (60) days
after the end of the term of this agreement.
e. Payments shall not be made by District unless, and until, Contractor has
provided to Contract Administrator a plan, acceptable to said Administrator, of appropriate
public recognition or credit for the financial assistance as described herein.
f. No portion of District funds under this agreement shall be used for the
purchase of awards, trophies, prizes, gifts, uniforms, capital outlay or equipment or
for'the buildup of reserves.
6. ~: District shall not be held accountable or liable for any monetary losses
incurred as a result of conducting said program. It is agreed that District's monetary contribution
is limited to that stated herein and that Distdct shall not be responsible for cash costs or support
services.
7. Limits of District R~..~pnnsihility.: It is expressly understood and agreed that this
agreement constitutes the entire agreement between Contractor and District and supersedes all
prior negotiations. In no event shall Contractor be entitled to any compensation, benefits,
reimbursements or ancillary services other than as expressly provided in this agreement. No
modifications or amendments of this agreement shall be valid unless duly authorized, reduced to
3
wdting and signed by the parties hereto.
8. ' ' :
a. Contractor shall submit a Quarterly Performance Report, if applicable,
which shall provide a quantitative indicator of the extent to which the Program
activities contained in Exhibit A have been met for the immediately preceding
quarter and fiscal year to date. This report form shall be provided by the Contract
Administrator.
b. Quarterly reports shall be accompanied by copies of publicity and
advertising material evidencing credit to the District for its financial support.
c. Contractor shall inform Contract Administrator in wdting upon the
resignation, retirement or discharge of its executive director or other managing
agent, or a majority change in the membership of the board of directors.
9. ' ' ' : Within Ninety (90) days after the end of Contractor's fiscal year,
Contractor shall file with the Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as follows:
a. A statement of the expenditure of Distdct funds by Program activities
identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's agreement.
c. A statement of revenues and expenditures and a balance sheet of all
funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars ($20,000.00) or greater,
audited financial statements, including that mentioned in a, band c, above, must
be prepared by an independent Certified Public Accountant. (If Contractor
receives funding from Two (2) District fiscal years during Contractor's fiscal year,
financial disclosure shall include separate data for each District fiscal year.)
10. No Third Party. Beneficiary.: This agreement is made and entered into for the
benefit of the District and Contractor only, and is not intended for the benefit of any third party or
any other person, and no such third party or any other person shall be a third party beneficiary to
this agreement or otherwise have the right to enforce any provisions of this agreement.
1 1. ~;~~J~d: This agreement shall not be complete nor effective until
signed by either the Executive Director or authorized designee on behalf of the District and by the
other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By.
Senior Director, Administrative Services/Treasurer
CITY OF CHULA VISTA
By
DOCS # 20052
EXHIBIT A
Exhibit A
To the
Fee for Service Agreement
By and between
San Diego Unified Port District
And
City of Chula Vista
CONSIDERATION:
As called for in the Agreement by and between the San Diego Unified Port District herein referred to
as "District" and the City of Chula Vista herein referred to as ("Contractor") dated October 1, 2002.
The "Contractor", in exchange for monetary consideration $15,000, has agreed to provide the
following marketing services. These services shall include but not be limited to:
Entertainment $15,000
Promotions/Publicity $ 9,670
Generator Rental & Support Services $ 850
Traffic Safety & Crowd Control Equipment $ 550
Portable Toilets & Trash Control and Disposal $ 600
Staging &Smmd Systems $ 4,500
Shade Canopies and Booth Structures/Rentals $ 9,850
Shuttle Bus Service $ 1,000
Signs/Banners $ 2,000
Security Services $ 650
Construction/Maintenance/Safety Support Services $ 3,000
Children's Interactive Fair $ 6,890
I Total Value: I $54,560
Funding Sources: City of Chula Vista $23,420 (43%)
Port District (proposed) $15,000 (27%)
Other Sponsorships $17,090 (30%)
Special Event Information:
Name: Taste of the Arts 2003
Date: April 5, 2003
Event Contact: Mariya G. Anton (619) 691-5169
DOCS#16536
Attachment D
AGREEM]B1NT SETTING OUR 'I'I:[E TERMS AND OBLIGATIONS
OF THE C~I/LA VISTA CHAMtlER OF COMMERCE FOR '] 1H ~; CELEBRATE CHULA
VISTA FESTIVAL REGARD TO TI-rE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, effective as of July 16, 2002, by and between the CITY OF
CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the CHULA
VISTA CHAMBER OF COMMERCE for the CELEBRATE CHULA VISTA FESTIVAL,
hereinafter referred to as "Chamber";
WITNESSETH:
WHEREAS, the Chamber is the primary organizer of Celebrate Chula Vista Festival, a
special event promoting Chula Vista Harbor, to be conducted in the City of Chula Vista on
August 25, 2002; and
WHEREAS, both the City and the Chamber will benefit from the media exposure
attendant to the Festival; and
WHEREAS, the City of Chula Vista desires to encourage the beneficial aims of the
Celebrate Chula Vista Festival through appropriation of reasonable amounts of City funds; and
WHEREAS, the City of Chula Vista has established a policy for consideration of
requests for funding by private organizations and individuals; and
WHEREAs, such policy stipulated that no expenditure may be made out of any
appropriation awarded said organization unless an agreement has been reached between the
parties setting out the terms and conditions fbr the expenditure of such funds.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. The Chamber agrees to produce the Celebrate Chula Vista Festival on Sunday
August 25, 2002, including 15;ee-to-the-public musical entertainment, and related activities for the
one-day event.
2. The Chamber agrees to expend City appropriated funds to meet bona fide
obligations incurred in planning, organizing, and participating in the Celebrate Chula Vista
Festival, including the scheduling of a performance by the San Diego Chamber Orchestra, in an
amount not to exceed $48,500. Funds shall be used only for Celebrate Chula Vista Festival and
may not be transferred to other accounts. Any ftmds not expended on the Celebrate Chula Vista
Festival shall be returned to the City..
3. The Chamber agrees to list the City as co-sponsor of the Celebrate Chula Vista
Festival and publicize the City in all releases and fliers, print advertising, programs and
intbrmation sheets.
4. The Chamber agrees to submit, within 60 days following the event, a complete
report of all expenditures and shall specifically list the purposes furthered by the City-
appropriated funds of $48.500.
Celebrate CV
Agreemem ,] ~ ~ ff_~ ~ Page I of 2
5. That the City. of Chula Vista. at its discretion, may require the Chamber to provide
or allow the City to undertake a complete financial audit of their records.
6. In the event that the Port of San Diego provides funding to offset some or all of
the funds appropriated by the City. for the Celebrate Chula Vista Festival. the Chamber hereby
agrees to abide by all of the terms and conditions set forth by the San Diego Unified Port
District, which conditions are incorporated herein by reference as if set forth in full.
7. The Chamber agrees to indemnify and hold harmless the City against and fi-om
any and all damages in property or injuries to or death of any person, or persons, including
employees or agents of the City, and shall defend, indemnify and hold harmless the City, and its
officers, agents and employees from any and ali claims, demands, suits, actions or proceedings of
any kind or nature of or by anyone whomsoever in any way resulting fi-om or arising out of the
negligent or intentional acts, errors or omissions of Chamber, or any of its officers, agents or
employees relating to the event.
9. The Chamber shall throughout the duration of this Agreement maintain
comprehensive general liability insurance covering all operations hereunder of Chamber, its
agents and employees with minimum coverage of one million dollars ($1,000,000). Evidence of
such coverage, in the form of a certificate of insurance and policy endorsement which names the
City as additional insured, shall be submitted to the Risk Manager, 276 Fourth Avenue, Chula
Vista, California 91910, on or before August 7, 2002.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
!
Dated: ~. O.~? ~, , 200~
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE/
CELEBRATE CHULA VISTA FESTIVAL
Mayor ./// Chamber CEO
Ctrgmber Board President
Approved as to form by:
John M. Kaheny
City Attorney
Celebrate CV Agreement ,*' Page 2 of 2
RESOLUTION NO.2002-
RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE
AMOUNT OF $48,500 FOR CELEBRATE CHULA VISTA,
$15,000 FOR THE ARTURO BARRIOS INVITATIONAL AND
$15,000 FOR TASTE OF THE ARTS BY THE BAY
WHEREAS, this spring, the San Diego Unified Port District (Port District) received
funding requests to help partially fund five events or programs in Chula Vista, three of which were
submitted by the City; and
WHEREAS, the Port District granted Chula Vista a lump sum of $78,500 which City
Council approved allocating, at its Augnst 20,2002 meeting, among three events - Celebrate Chula
Vista, Arturo Barrios Invitational, and Taste of the Arts; and
WHEREAS, the Port District requires that the City enter into formal agreements,
which stipulate conditions and City requirements for receipt of the approved funding.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does authorize thc Mayor to execute agreements with the San Diego Unified Port District for
receipt of financial assistance in the anaount of $48,500 I~or Celebrate Chula Vista, $15,000 for the
Arturo Barrios invitational and $15,000 for Taste of'the Arts by the Bay, copies of which shall be
kept on file in the office of the City Clerk.
Presented by Approved as to form by
David Pahner /h?/~. Ka~eny ~
Deputy City Manager ~ity Attorney
J:\Attorncy\Reso',Port Financial Assistance Agreements
COUNCILAGENDASTATEMENT
Revised 10-
ITEM t,~
MEETING DATE 10/22/02
ITEM TITLE:
Resolution Approving reclassification of four Programmer/Analyst
positions to Lead Programmer/Analyst; removing the Accountant and Senior
Procurement Specialist classifications from CVEA; and adding Accountant to
the Confidential Unit, and Senior Procurement Specialist to the Middle
Management Group; effective November t, 2002.
SUBMITTED BY: Candy Emerson, Director of Human Resources~.~
REVIEWED BY: City Manager
(4/5th Vote: Yes __ No X )
SUMMARY:. The recommendation for reclassification of four (4) Programmer/Analyst positions
is based on the level of assigned job duties and responsibilities, which support more appropriate
classification at thc lead level. Similarly, the Senior Procurement Specialist classification should be
Middle Management in recognition of the management duties assigned to that class. The
recommended reassignment of the Accountant classification to thc Confidential Unit is the result of
the positions' involvement in sensitive labor relations activities and actual/potential supervision of
positions in the Confidential Unit.
RECOMMENDATION: Adopt Resolution approving abovementioncd personnel actions,
effective November 1, 2002.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Programmer/Analyst: The current classification structure of the MIS series includes the
classifications of Programmer/Analyst and Lead Programmer/Analyst. Because of the relative
autonomy and the technical expertise required, all Programmer/Analysts have been assigned duties
and responsibilities at the lead level . As with the comparable classification, Microcomputer
Specialist, this is necessary in the MIS environment where it is common for each incumbent to
function very independently and with a minimum of supervision.
In order to maintain equity within the job series and with similar classifications in other job series, it
is necessary to reclassify the Programmer/Analyst positions to Lead Programmer/Analyst.
ITEM
MEETING DATE 10/22/02
Accountant: For some time, the classification of Accountant has been one where it could be argued
that it belonged in any one of several benefit groups or CVEA. It is now one of the classifications
represented by CVEA. The need to move the classification out of CVEA and into the Confidential
Unit exists for two reasons. The first is the nature of the classification itself. At times, incumbents
are asked to participate in the meet and confer process by gathering and interpreting data, providing
specific information necessary at "the table" and as a source of general information for the Chief
Negotiator. The second reason stems from the necessary supervisory relationship between an
Accountant position and a subordinate Accounting Technician. The Accounting Technician
classification has been in the Confidential Unit since the citywide classification study. A
Confidential employee should be supervised by someone at that level or higher, both in pay and in
benefit group. This leaves the supervisory options of a position in the Confidential Unit or Middle
Management. Moving the Accountant classification to the Confidential Unit is the most effective
from both a cost and task perspective. We have met and conferred with CVEA and they have no
objection to the move.
Senior Procurement Specialist: In the Purchasing division of the Finance Department there is
currently a Senior Manager (Purchasing Agent), a Senior Procurement Specialist (CVEA) and
clerical support staff. Due to the level of activity of that division it is not uncommon for the Senior
Procurement Specialist to act in place of the Purchasing Agent in his absence or whenever
appropriate. It is often necessary for the Senior Procurement Specialist to perform tasks at the
management level and placing that classification in the Middle Management Group will provide the
appropriate series structure to equitably allow for that to take place. We have met and conferred with
CVEA and they have no objection to the move.
FISCAL IMPACT:
The cost of these salary/benefit group changes for the current fiscal year is $26,818. The Finance
Department will absorb costs associated with the Accountant and Senior Procurement Specialist
classifications; and MIS, for the Programmer/Analyst changes. Therefore, no additional budget
appropriations arc required in FY 2003. The increases for FY 2004 will be presented during budget
deliberations.
2
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RECLASSIFICATIONS OF FOUR
PROGRAMMER/ANALYST POSITIONS TO LEAD
PROGRAMMER/ANALYST; REMOVING THE ACCOUNTANT
AND SENIOR PROCUREMENT SPECIALIST
CLASSIFICATIONS FROM CVEA; AND ADDING
ACCOUNTANT TO THE CONFIDENTIAL UNLIT, AND SENIOR
PROCUREMENT SPECIALIST TO THE MIDDLE
MANAGEMENT GROUP; EFFECTIVE NOVEMBER 1, 2002
WHEREAS, the addition of higher level duties and changes in level of authority and
responsibility necessitates reclassification and/or change in benefit group for the following classi fled
positions:
PROGRAMMER/ANALYST - The current classification structure of the MIS series
includes the classifications of Programmer/Analyst and Lead Programmer/Analyst. Because
of the relative autonomy and the technical expertise required, all Programmer/Analysts have
been assigned duties and responsibilities at the lead level. In order to maintain equity within
the job series and with similar classifications in other job series, it is necessary to reclassify
the Programmer/Analyst positions to Lead Programmer/Analyst.
ACCOUNTANT- it is recommended to move the Accountant position to the Confidential
Unit because (l) at times incumbents are asked to participate in the meet and confer process
by gathering and interpreting data, providing specific information necessary at "the table"
and as a source of general information for the Chief Negotiator and (2) the necessary
supervisory relationship between an Accountant position and a subordinate Accounting
Technician. Moving the Accountant classification to the Confidential Unit is the most
effective from both a cost and task perspective.
SENIOR PROCUREMENT SPECIALIST - Due to the level of activity of the
Purchasing Division, it is not uncommon for the Senior Procurement Specialist to act in
place of the Pumhasing Agent in his absence or whenever appropriate. It is often necessary
for the Senior Procurement Specialist to perform tasks at the management level and placing
this classification in the Middle Management Group will provide the appropriate series
structure to equitably allow for that to take place.
WHEREAS, the total annualized fiscal impact will be absorbed by the departments,
requiring no additional appropriations this fiscal year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve reclassification of Four Programmer/Analyst positions to Lead
Programmer/Analyst; removing the Accountant and Senior Procurement Specialist classifications
from CVEA; and adding Accountant to the Confidential Unit, and Senior Buyer to the Middle
Management Group effective November I, 2002.
Presented by
Candy Emerson
Director of Human Resources
Approved as(B~ form by
J(~h/~ M. Kafien~, 0 [) -
City Attorney
J',ATTORNEYkRESO\ reclassifications 10-22 (October 21,2002 (2:55PM)]
COUNCi'L AGENDA STATEMENT
1'TEM I~
MEETI'NG DATE~
ITEM TITLE: RESOLUTfON Transferring appropriations from the
Workers' Compensation contingencies account to the insurance premium
account to cover the increased premium for Excess Workers
Compensation insurance,
SUBMI11'ED BY: DIRECTOR OF HUMAN RESOURCES ~'/
CITY MANAGER ~.~"~ p~' (4/5ths Vote: Yes __ No _X )
REVIEWED
BY:
The public entity workers' compensation insurance market in California is in a state of
turmoil as a result of September 11th and recent legislative changes regarding the
provision of benefits in California. Premiums have increased 227.3% over the 2001/2002
policy. This unprecedented increase requires the reallocation of already appropriated
workers' compensation contingency funds to cover the cost of the premium for FY
2002/2003.
RECOMMENDATION: That Council adopt the resolution to transfer the funds.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Historically the City of Chula Vista has self-insured the first dollar expenses
for workers compensation exposures and has participated in a group purchase, with
of her members of our insurance pool, San Diego Pooled Insurance Program Authority
(SANDPIPA), for workers compensation insurance in excess of that amount. In
2001/2002 the City self-insured for the first $300,000, per occurrence, and purchased
insurance to cover all excess expenses.
Earlier this year indications, from other public entities with July 1 renewal dates, were
that the number of insurance carriers willing to write public entity business was shrinking,
as was the amount of coverage they were willing to offer. To make matters worse
premiums were increasing two to threefold. The market has been affected notably by
the losses of September 11th where the insurance industry was hit with over $50B in
claims; workers' compensation losses alone were more than $82M. The insurance
industry responded to these losses by excluding terrorism coverage from their liability
policies in many states. But no state allows such exclusions for workers' compensation
coverage. Their answer to reducing their potential exposures was to severely reduce
the amount of coverage they were willing to write and the types of exposures they
were willing to insure.
Armed with this market knowledge Chula Vista partnered with the cities of Escondido
and La Mesa to enlist the assistance of a consultant to explore all of the options
available to us to cover these types of losses. The options identified as being available
fo us were to: 1) continue to purchase excess insurance even with the increased self-
insured retention and premium; 2) fo fully self-insure our losses which would be
catastrophic if an event injured multiple employees or an employee sustained a severe
MEETZNG DATE 10/22/02
injury such as paralysis or loss of limb; 3) join a workers' comp pool where you share your
losses with other entities and they share theirs with you; and 4) a banking pool where
agencies pool their monies to pay their claims and as the name implies it is simply a
financing mechanism.
Of these options, we looked at two existing public entity work comp pools; establishing
a pooling relationship or a banking arrangement with other members of SANDPIPA, and
obtained quotes for excess insurance. SANDPIPA members determined that there was
not enough interest or time to embark on either the pooling or banking options at this
juncture. When we compared the pricing, the self-insured retentions (SIR) and limits
available from the participating excess workers' compensation insurance markets to
the existing public entity pools it was apparent that the City will be much better off
purchasing excess insurance at this time.
Based on this evaluation the City has renewed, effective October 1, with our current
carrier, ERC, who offered a premium of $0.315 per $100 of payroll (versus the 2001/2002
premium of $0.114) and an SIR of $500,000 an increase of $200,000 over last year's
policy. This was the best value in terms of SIR, limits and premium cost, for the money.
Because the increase in premium is far more than anyone could have anticipated
when the budget was prepared it is necessary at this time to use a portion of the funds
already appropriated within the Worker's Compensation budget as contingencies for
claims expenses for the premium. Because these accounts are budgeted in different
expenditure categories Council action is required for their transfer. If later this fiscal year
claims costs exceed the projected budget and contingencies, additional
appropriations will be required.
FISCAL IMPACT: The requested action will reallocate $143,349 of already appropriated
funds from the Workers' Compensation (23100) Contingencies account (7091) to the
Insurance account (6568).
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING FUN~S FROM THE
WORKERS' COMPENSATION CONTINGENCIES ACCOUNT
TO THE INSURANCE PREMIUM ACCOUNT TO COVER THE
INCREASED PREMIUM FOR EXCESS WORKERS
COMPENSATION INSURANCE
WHEREAS, the public entity workers' compensation insurance market in Califomia
is in a state of turmoil as a result of September 11 ~' and recent legislative changes regarding
the provision of benefits in California; and
WHEREAS, premiums have increased 227.3% over the 2001/2002 policy; and
WHEREAS, this unprecedented increase requires the reallocation of already
appropriated workers' compensation contingency funds to cover the cost of the premium for
FY 2002/2003.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby transfer fimds in the amount of $143,349 from the Workers'
Compensation Contingencies Account 23100 to the Insurance Premium Account 6568 to
cover the increased premium for Excess Workers Compensation Insurance.
Presented by Approved as to form by
Candy Emerson John M. Kaheny (-J {j ,_,. v
Director of Human Resources City Attorney
[J\ATTORNEY\RESO\workers comp premmm (October 10, 2002 (4:36PM)]
COUNCIL AGENDA STATEMENT
Item No /7
Meeting Date 10122102
ITEM TITLE: RESOLUTION APPROVING REQUEST FROM THE CHULA
VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE
CHULA VISTA SCHOOL FOR THE CREATIVE AND
PERFORMING ARTS TO CONDUCT THE 6TM ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES/~ID W~AIVING CITY FEES FOR POLICE SERVICES.
SUBMITTED BY: Chief of Police~-~w
Risk Manager-,~
Director of Public Works/]/~
REVIEWED BY: City Manager ~'~ P i"' (4/5ths Vote: Yes No X__ )
The Chula Vista High School Band and Pageantry Corp, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct
an organized band review on Saturday, November 9, 2002.
RECOMMENDATION:
That Council adopt the resolution approving the waiver of City fees for police services
and authorizing temporary street closures for the organized band review subject to staff
conditions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Chula Vista High School Band and Pageantry Corp, and the Chula Vista School for the
Creative and Performing Arts, (band review sponsor) is requesting permission to
conduct their 6th Annual Band Review parade on Saturday, November 9, 2002. The
parade will consist of approximately thirty marching bands and marching groups and
over 1,500 participants competing against one another for top honors and awards.
The participating groups in the parade will stage on the south side of the Seat's store,
500 'T' Street. The proposed parade route will take place going west on "1" Street to
Broadway, south on Broadway to "K" Street, and east on "K" Street to the Chula Vista
High School football stadium.
Page 2, Item /~7
Meeting Date 10/22/02
The parade is scheduled to take place between 8:00 AM and 10:30 AM. The street
closures would be in effect from approximately 7:30 AM to 11:00 AM to allow for the
dispersion of parade participants.
The Police Department will monitor the progress of the parade, and will close and
subsequently reopen streets and intersections as quickly as possible. The sponsor will
also provide teaching staff to accompany each band to monitor the progress of the
parade. A diagram of the parade route is attached (Attachment A).
The street closures will have an impact on City bus service in the area. Transit has
agreed to cancel and re-route bus service in the area during the parade, and erect signs
of the interruption of service.
Staff approval is recommended subject to the following conditions:
1. Prior to the event, Chula Vista High School (Chula Vista School for the Creative
and Performing Arts - parade sponsor) shall provide evidence, acceptable to the
City, of commercial general liability insurance in the amount of $1 million in the
form of a Certificate of Insurance and Policy Endorsement naming the City of
Chula Vista as additional insured.
2. Adequate police coverage at the event as determined by the Police Department
through coordination with the Department's Special Events Coordinator. The
parade route will be marshaled by Police and Police Department volunteers.
3. Adequate traffic control equipment and devices as determined by the Police
Department. The sponsor will be responsible for renting or purchasing the
equipment and delivering and removing it from designated locations.
4. Posting and removal of "No-Parking" signs along the parade route.
5. Removal of adequate portable toilets and trash receptacles at the parade staging
area and at Chula Vista High School.
6. Provide a letter acceptable to the City Attorney from the sponsors in which they
agree:
(1) Not to sue the City, its agents and employees from any act arising
from the Band Review; or
(2) To defend, indemnify, release, protect and hold harmless, the City, its
agents and employees from any and all liability arising from the Band
/
Page 3, Item !
Meeting Date 10/22/02
Review, excluding only that liability which may arise from the sole
negligence or sole willful conduct of the City.
The Chula Vista High School Marching Band and Pageantry Corp has also made a
formal request to the Mayor and Council asking that fees associated with police
services for this year's Annual Band Review be waived (Attachment B). In
calculating fees for police service, staff estimates it will cost approximately $4,500.
The use o[ volunteers is based on availability; however, staff is confident that up to
ten volunteers (Explorer Scouts and Senior Volunteers) will be available for this
year's event.
The Annual Band Review is expected to draw 30 participating bands and pageantry
groups from the San Diego Region, as well as portions of Southern California. As in
the past, the Band Review provides a positive image and venue for the youth in our
community.
FISCAL IMPACT: Staff estimates it will cost $4,500 to provide Police coverage
at the event. Costs are calculated on an overtime rate plus a 10% administrative
fee, standard for nonprofit events. Costs for Police related services will be absorbed
by the Police Department.
O £HIILA VISTA SCHOOL FOR YttEO
CREATIVE AND PERFORMING ARYS
RON BOLLE$ - FACILITATOR
OFFICE: (619) 691-5775 820 FOURTH AVENUE
FAX: (619) 427-5824 E-mail: directoron@vahoo.com CHULA VISTA, CA. 9191 1
September 12, 2002
The Honorable Mayor Shirley Herren and The Chula Vista City Council
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Norton and City Council Members,
What's more American than a parade down the city's main street? Near
Veteran's Da~ on November 9, 2002, the City's namesake school, Chula Vista
Nigh School, is planning to once again sponsor it's annual Band ReView. We
are hoping that this may again take place on Broadway. This highly
successful "Ail American" event has attracted up to 30 bands and their
families from all over California as well as from throughout San Diego
County.
The Chula Vista High School Band has been rated one of the best bands in
the state and acts as city ambassadors wherever they go to perform. They
carry the City's banner proudly. This Band Review has also helped to show
Chula Vista as one of the centers of the musical arts in Southern California!
Last year, we considered ourselves extremely fortunate in having the
Chula Vista Police Department support the review by providing security,
traffic and crowd control free of charge along the route of our musical
contribution to the city.
We are writing to request the generous donation of their help once again
with this year's Review. The Review is funded solely by the host school
band, and our funds are seriously limited. The presence of the police
department has greatly enhanced the smooth running of the event and we
realize that their participation is required for it to even take place. Your
consideration in the contribution of the police department's services would
be greatly appreciated.
If you need any further information or have any additional questions,
please do not hesitate to call me, ~r. Zig Kanstul, Chula Vista High School
Band Director (,127-7860). I am generally available to meet daily from 10:00
a.m. ]2:30 p.m.
Thank you for your consideration,
Chula Vista High School Band Director ? ] 6 2002
D CHULA VISTA CA
A NATIONAL GRAMMY SIGNATURE SCHOOL 2000, 2001
A CALIFORNIA STATE GOLDEN BELL AWARD WINNER 1983, 1989, 2001
A SAN DIEGO COUNTY BEST PRACTICES IN EDUCATION AWARD RECIPIENT 2000
RESOLUT ON
RESOLUTION APPROVING REQUEST FROM THE
CHULA VISTA HIGH SCHOOL BAND AND
PAGEANTRY CORP AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING
ARTS TO CONDUCT THE 6TM ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING CITY FEES FOR POLICE
SERVICES
WHEREAS, the Chula Vista High School and Pageantry Corp in conjunction
with the Chula Vista School for the Creative and Performing Arts will be conducting
the 6th Annual Band Review on Saturday, November 9, 2002; and
WHEREAS, the Chula Vista High School Band and Pageantry Corp has
requested City fees for police services be waived; and
WHEREAS, Law Enforcement related fees estimated at $4,500 dollars shall
be waived; and
WHEREAS, the Chula Vista High School and Pageantry Corp and the Chula
Vista School for the Creative and Performing Arts will provide evidence of
insurance in the form of a Certificate of Insurance and Policy Endorsement,
acceptable to the City, in the amount of $1 million dollars naming the City of Chula
Vista as additional insured, and their insurance company as primary; and
WHEREAS, the Chula Vista High School Band and Pageantry Corp and the
Chula Vista School for the Creative and Performing Arts will provide adequate
traffic control equipment and "No-Parking" signs as specified by the Chula Vista
Police Department; and
WHEREAS, the Chula Vista High School Band and Pageantry Corp and the
Chula Vista School for the Creative and Performing Arts will provide adequate
police coverage at the event as determined by the Chula Vista Police Department;
and
WHEREAS, parade sponsors provide a letter agreeing not to sue the City, its
agents and employees for any act arising from the Band Review to hold the City
harmless, fully indemnify and release the City, its agents and employees from any
and all liability arising from the Band Review, excluding only that liability which may
arise from the negligence or sole willful conduct of the City:
NOW, THEREFORE, BE IT RESOLVED the City of Chula Vista does hereby
approve the waiver of police service fees and authorizes temporary street closures
on Saturday, November 9, 2002 for the 6~h Annual Band Review sponsored by the
Chula Vista High School and Pageantry Corp and the Chula Vista School for the
Creative and Performing Arts.
Presented By Approved as to form by
n John M. Kahe~ /~ ~
Chief of Police City Attorney ~ ~,
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 10/22/02
ITEM TITLE: Resolution approving the Three-Party Agreement
between the City of Chula Vista and Otay Project, L.P. (Applicant)
and Wimmer Yamada Caughey (Consultant) for Landscape
Architectural Services, and authorizing the Mayor to execute said
Agreement.
SUBMITTED BY: Director of Office of Building and Park Construction,~-~
REVIEWED BY: City Manager~ [¢.. _ i (4/5ths Vote: Yes No X )
The Otay Ranch Company proposes to develop a Neighborhood Park within the Otay Ranch Village
One West Project in satisfaction of the parkland obligation for the Village One West project.
STAFF RECOMMENDATION: That the City Council adopt a Resolution approving the Three-
Party Agreement between the City of Chula Vista, Otay Project, L.P. (Applicant), and Wimmer
Yamada Caughey (Consultant), for Landscape Architectural Services and authorizing the Mayor to
execute the Three-party Al~eement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Background
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the Otay Ranclh Village One West project, and in satisfaction of Conditions of Approval
for the Otay Ranch Village One West project the Otay Ranch Company is providing a 'turn-key'
public neighborhood park on 5.6 gross-acres (see Attachment 1 ). To realize this neighborhood park
a landscape architectural design firm is needed to provide a neighborhood park master plan and
construction documents.
Consultant Selection Process
The Office of Building and Park Construction, following the City's Purchasing Ordinance process
described within Municipal Code Section 2.56.220-2.56.240, having publicly advertised and
receiving 24 submittals, interviewed eight finns and selected the Landscape Architectural firm of
Wimmer Yamada Caughey as the best qualified to provide the master planning services and
Page 2, Item No.: /b
Meeting Date: 10/22/02
construction documents for the development of this Otay Ranch Village One West neighborhood
park.
This selection was based upon the firms qualifications, experience of professional staff, the project
team's related expertise, demonstrated performance of similar work, the quality of proposal
submitted, interview presentation, and response to questions.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City. The Office of Building and Park Construction
has negotiated the details of this Agreement in accordance with the procedures set forth in Section
2.56.110 of the Chula Vista Municipal Code.
Scope of Work
Under the terms of this Agreement and in conjunction with City staff, Wimmer Yamada Caughey
(Consultant) will prepare a neighborhood park master plan and construction documents. The
responsibilities and services will be provided as needed, but not limited to the following:
· Attend pre-application meeting with Staff;
· Prepare a park site analysis;
· Prepare a preliminary park master plan;
· Prepare a draft park master plan;
· Prepare estimates of probable cost of construction information;
· Make a presentation at a Parks and Recreation Commission meeting;
· Make a presentation at a City Council hearing;
· Prepare preliminary construction documents through final construction documents;
· Provide construction administration; and
· Prepare progress reports.
Contract Payment
The total not-to-exceed amount to be paid to the Consultant is $148,000. The Project Applicant has
previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition and
Development Obligation. The City has these monies in a deposit account and will use the money to
pay for the Consultant's services. The Project's Applicant will also reimburse any City staff time
associated with the implementation of the Contract through a separate staff processing deposit
account that has already been established.
The City Attorney's Office has reviewed and approved the form of the Contract.
Page 3, Item No.:
Meeting Date: 10/22/02
Conclusions
Staff believes, based upon a full understanding of the issues involved, that the City will realize an
increased benefit in the recreational resources available to the residents of Chula Vista. Staff
recommends, based upon the benefits of this Agreement, that the City Council approve the proposed
Agreement.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The Applicant, Otay Project, LP will fully
compensate Wimmer Yamada Canghey, the Consultant.
Attachments: 1. Vicinity Map
2. Three-Party Agreement
J:\BPC\LAD\Village One West Neighborhood Park~Al 13 - Otay Ranch Village One West Park.doc
10/17/2002 14:43 FAX 16193976250
CITY OF CV
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
OTAY PROJECT L.P. (APPLICANT) AND WIMMER YAMADA
CAUGHEY (CONSULTANT) FOR LANDSCAPE
ARCHITECTURAL SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction
for entitlements received for the Otay Ranch Village One West Project, and in satisfaction of
Conditions of Approval for the Otay Ranch Village One West Project, the developer is providing a
"turn-key" public community park on 5.6 gross-acres; and
WHEREAS, to realize this neighborhood park, a landscape architectural design firm is
needed to provide a neighborhood park master plan; and
WHEREAS, the Office of Building and Park Construction, in accordance with Municipal
Code Sections 2.56.220-2.56.240, publicly advertised and received 24 submittals, interviewed eight
firms and selected the Landscape Architectural finn of Wimmer Yamada Caughey as the best
qualified to provide the master planning services for the development of the neighborhood park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista,
does hereby approve the Three Party Agreement betweeu the City of Chula Vista and Otay Project
L.P. and Wimmer Yamada Caughey for Landscape Architectural Services, 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 of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by: Approved as to form by:
Andy Campbell, Director j~hn t~C/ahq~
Building and Park Construction City Attorney
J: Attorney\reso\Wimmer Yamada Agreement
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
' /J//~J~li~ M. Kaheny · City Attorney
Dated:
Three-Party Agreement with Otay Project.
LP (Applicant) and Wimmer Yamada
Caughey for Landscape Architectural Services
Three Party Agreement
Between
City of Chula Vista,
WIMMER YAMADA AND CAUGHEY, Consultant, and
OTAY PROJECT L.P., Applicant
For Consulting Work to be rendered with regard to
Neighborhood Park (P-13) within the Otay Ranch Village One West Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant" WIMMER YAMADA AND CAUGHEY whose business
form and address is indicated on the attached Exhibit A, and the person designated on the attached
Exhibit A as "Applicant" OTAY PROJECT L.P., a California limited partnership whose business
form and address is indicated on the attached Exhibit A, and is made with reference to the following
facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Para~aph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by
this Agreement solely to, and under the direction of, the City. Applicant will receive parkland
improvement credit for payment of Consultant's fees except as provided for elsewhere in this
agreement.
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 1
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant_.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Para~aph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall fumish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make anypayments of
compensation or otherwise directly to the Consultant.
3ptyagmt City of Chula vista/WYC/Otay Project
October 22, 2002 Page 2
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs
of the additional work which the City determines is or may be required. Applicant shall pay any and
all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time reduce
the 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. Upon failure to agree, the City may
unilaterally reduce the Fixed Fee by the amount of time and materials budgeted by Consultant for the
Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 3
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting there from.
3.3.1.1.4. Applicant shall be notified within 30 days after the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. 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's, 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:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise can'y ("Primary Coverage"), and which treats the employees of the City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
3ptyagrnt City of Chula VistaYWYC/Otay Project
October 22, 2002 Page 4
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant and all sub-consultants 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.
4.2.2. 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 and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases t9 the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 5
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings, as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph
8, as said party's contract administrator who is authorized by said party to represent them in the
routine administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. 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.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
[epresents that Consultant has diligently conducted a search and inventory of Consultant's economic
~nterests, 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.
7.4. 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.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 6
7.5. 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 Attomey of City if Consultant leams
o fan 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.
7.6. 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 the property which is the subject matter of the Project,
or ~n any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of defanlt of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
3ptyagrnt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 7
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit 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 of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11. Hold Harmless and Indemnification
11.1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or the Consultant's employees, agents and officers,
arising out of any services performed involving this project, except liability for Professional
Services covered under Section 11.3 the Consultant agrees to defend, indemnify, protect and
hold harmless the City, its agents, officers, or employees from and against all liability. Also
covered is liability arising from, connected with, caused 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 negligence acts or omissions of the Consultant, its
employees, agents, or officers, or any third party. The Consultant's duty to defend, indemnify,
protect, and hold harmless shall not include any claims or liabilities arising from the sole willful
misconduct of the City, its agents, officers, or employees. This Section in no way alters, affects
or modifies the Consultant's obligations and duties under Section 1 herein and Exhibit A,
Paragraphs 4 entitled "Services - - General" and Paragraph 5 entitled "Detailed Services"
11.2. Indemnification for Professional Services
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 8
As to the Consultant's professional obligations, work or services involving this Project, the
Consultant agrees to defend, indemnify and hold harmless the City, the Applicant, its agents,
officers, and employees from and against any and all liability, claims, costs, and damages, including
but not limited to, attorneys fees, losses or payments for injury to any person or property, caused
directly or indirectly fi.om the negligent acts, errors or omissions of the Consultant or the
Consultant's employees, agents, or officers.
11.3. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
em. p. loyees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. 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 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.
14. Miscellaneous.
14.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2. 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
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 9
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
14.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
14.4. 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.
14.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
14.6. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Califomia. 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.
14.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
14.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
14.9. Severability.
3ptyagrnt City of Chula VistaYWYC/Otay Project
October 22, 2002 Page 10
In the event that any provision of this Agreement shall for any mason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
14.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
14.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance ora payment by either party with knowledge of the
existence ora breach shall not operate or be construed to operate as a waiver of any such breach.
14.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
14.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 11
I?-/7
Signature Page
Now therefore, the parties hereto, having read and understood the 'terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
Dated: ~.n~ ~~GHEY
t"-~' pal ~ ~hey~t
Dated: ~-~ ~-t902 Applicant: ~
Otay Pr~}jecf L.P. [
By:.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 15, 2002 /ff ~/d~ Page 12
Exhibit A
Reference Date of Agreement: October 22, 2002
Effective Date of Agreement: October 22, 2002
City of Chula Vista, 276 Fourth Avenue, Chula Vlsta, CA 91910
Consultant: WlMMER YAMADA CAUGHEY
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 3067 Fifth Avenue, San Diego, CA 92103
Applicant: OTAY PROJECT L.P., a California limited partnership company,
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 350 W. Ash Street, Suite 730, San Diego, CA 92101
1. Property (Conunonly known address or General Description):
The City of Chula Vista has approved a Tentative Subdivision Map (Map) known as Otay
Ranch Village One West, Chula Vista Tract 98-06, which includes a 5.3 net acre
Neighborhood Park site.(P-13). The 5.3 net acre park is located in The Otay Ranch at the
western boundary of SPA One, adjacent to the future Sunbow Elementary school with
frontage on East Palomar Street. Situated within the southerly portion of Village One West
the park is adjacent to single-family home sites. Intended to primarily serve the immediate
neighborhoods' recreational needs the park will contain both passive and active recreational
use areas and a comfort station.
2. Project Description ("Project"):
Prepare a Park Master Plan, Design Development, and Construction Documents for Park P-
13.
3. Entitlements applied for:
Approved Tentative Map Tract 98-06, Approved Final Maps for Otay Ranch Village One
West, and future Final Maps for Otay Ranch Village One West.
3ptyagmt City of Chula Vista/W"YC/Otay Project
October 22, 2002
4. General Nature of Consulting Services ("Services q - General"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval from the City Council for a Neighborhood Park
Master Plan for Park P-13. Plan shall be prepared and all Consultant services shall be
performed to the satisfaction of the Director of Building and Park Construction. Plan
shall consist of a Park Site Analysis, Preliminary Park Master Plan, and Draft Park
Master Plan with accompanying support documents as outlined in Paragraph 5 - Detailed
Scope of Work.
4.2 Design Development (Preliminary Construction Documents) and Construction
Documents - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval from the Director of Building and Park
Construction for Preliminary through Final construction documents for the
Neighborhood Park. The documents shall be prepared and all Consultant services shall
be performed to the satisfaction of the Director of Building and Park Construction.
Documents shall be as outlined in Paragraph 5 - Detailed Scope of Work.
4.3 Construction Administration - Provide professional Landscape Architectural Services as
required to represent City's interest during construction of the park improvements. The
Landscape Architect shall meet with the construction contractor to ensure the design
intent of the drawings is interpreted accurately. At this time questions of interpretation
are to be resolved, construction industry quality standards are to be realized, and the
interest of the City is to be preserved with all matters arising to question.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall provide the following services all to the satisfaction of the Director of
Building and Park Construction:
5.1 Pre-application Meeting with Staff.' Within 10 business days of City Council approval of
this agreement, the consultant shall schedule and attend a Pre-application Meeting with
the City's Landscape Architecture Division and Applicant prior to preparation of the Site
Analysis. This meeting will be used to familiarize the Consultant with design issues
related to development of the park, identify appropriate scale, and identify the elements
of the park budget. The primary purpose of the Pre-application meeting is for the
consultant to gather information pertaining to the park site that would be useful in the
development of a park site analysis, development of the preliminary Master Plan
concepts, and completion of the Park Master Plan Application.
5.2 Preparation of Park Site Analysis: The Park Site Analysis process includes the inventory
by Consultant of specific on-site and off-site characteristics of the park site. The Park
Site Analysis documents site potentials and constraints, including those man-made, and
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 14
those created by natural resources and forces. The Park Site Analysis will include: legal
and physical boundaries, holdings, and easements; roads and walks circulation elements;
utilities; adjacent land uses (existing and planned); topography, gradients, and drainage
pattems; sun and wind orientations; views (off-site and on-site) and; significant features,
sounds and smells, spatial patterns, and general impressions regarding the experience
potential of the site and its parts. (Deliverable No. 1)
5.3 Preparation of Preliminary Master Plan: The Preliminary Master Plan Phase is the
refinement of the Concept Plan (identified in the Otay Ranch Parks, Recreation, Open
Space, and Trails Plan document) to bring the park design to a detail and graphic level
acceptable for presentation to the City Staffand the Applicant. The Preliminary Master
Plan is to be accompanied by, a cost estimate (for the purpose of demonstrating
compliance with the project budget).
Park site facilities to be in the plan include a softball field, a turf area suitable for soccer
field play, comfort station (standard City floor plan), on-site parking (25 spaces including
disabled spaces), tot lot (containing two age group areas), picnic tables (approximately
seven), Picnic shelters for a minimum of four picnic tables, sport court facility (basket
ball), and perimeter walking/jogging path. While the City has developed a standard
comfort station floor plan for use in its parks, building elevations are typically unique to
each park site and for Park P- 13 are to be compatible with the.park development and the
surrounding neighborhoods.
The park will have been graded in a manner consistent with rough grading approval for
the subdivision. The Consultant is to consider whether the site's grading need~ to be
modified in order to accommodate desired recreation facilities. A majority of the site's
southern and western property boundaries will contain masonry block walls that will be
constructed as part of adjacent residential development. Vehicular access to the site will
be from East Palomar at the site's northwest comer. The public cul-de-sac is envisioned
to serve both the park site and the adjacent Sunbow school site (currently vacant).
Pedestrian access will occur via public walkrways at East Palomar as well as from the
cul-de-sac east of the site (Chance Mountain Place).
Development of the Preliminary Park Master Plan shall take into consideration other
applicable City development standards. These include the City of Chula Vista
Landscape Manual, building and fire codes, site facility accessibility requirements for the
disabled, zoning and planned community district regulations, grading and subdivision
regulations, and the Park and Recreation Master Plan (Draft). There are also specific and
precise plans and project specific design guidelines that may supplement or supercede
the otherwise applicable guidelines, standards, and regulations.
The Preliminary Master Plan Phase includes preparation by Consultant of a cost
estimate. The estimated construction budget for the park at the Preliminary Master Plan
Phase shall not exceed 75 percent of the allowable park budget (including contingency).
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 15
The Park Master Plan requirements are described below.
Preliminary Master Plan Requirements (Deliverable No. 2):
The Master Plan shall include:
· Existing and proposed improvements.
· Park and recreational facilities clearly identified.
· Open space areas.
· Trail system (pedestrian, bicycling, hiking, equestrian).
· Types of fencing, retaining and fireestanding walls.
· Walkways, pedestrian and vehicular circulation, interface, and protections and
parking.
· Irrigation mainline layout, with proposed and existing water meters.
· Areas to receive irrigation.
· Lighting concepts.
· Indicate plant palette (botanical and common name), with types, locations, sizes.
· Slope and erosion control treatment.
· Distinguish between groundcovers or lawn areas and method of separation.
· Grading design and drainage intent.
· Signage
· Property lines, easements, and any deed restrictions.
Paved, unpaved areas, and types of paving.
5.4 Preparation of the Drat~ Park Master Plan: Following review of the Preliminary Park
Master Plan by the City, and a determination of acceptability of the Preliminary Park
Master Plan, the consultant will be requested to proceed and shall proceed with the
preparation of the Draft Park Master Plan (Deliverable No. 3). The Draft Park Master
.Plan essentially represents the fine-tuning of the Preliminary Park Master Plan and shall
incorporate comments and direction given by City Staff.
The Consultant shall present the Draft Park Master Plan to the Park and Recreation
Commission and thereafter the City Council for review and approval. If approved by the
City Council, the Draft Park Master Plan becomes the approved Park Master Plan.
Note: The following tasks pertain to the scope of work that will follow approval of the Park
Master Plan.
5.5 Design Development (Preliminary Construction Documents). The Design
Development phase of the Park Development Review Process will focus on the
refinement of the Master Plan to a level of detail sufficient to move into the
Construction Document Phase. Consultant shall prepare a preliminary set (50 percent
complete) of the construction documents package (Deliverable No. 4). The content
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 16
and format of the preliminary construction documents shall be consistent with the
requirements outlined in The Chula Vista Landscape Manual.
The Landscape Manual identifies that all construction plan sheets are to be issued City
sheet numbers and are to include the following types of sheets:
C- Civil Engineering Sheets
HC-Horizontal Control Sheets
LC-Landscape Construction
LI-Landscape Irrigation
LP-Landscape Planting
The following information further describes required content and format of the
preliminary construction documents.
a. Grading and Drainage Plan
The Grading and Drainage Plan represents a 50 percent complete grading plan as defined
by the Chula Vista Subdivision Manual Section 4-200 Grading Plans. Grading and
Drainage Plans shall be consistent with the requirements of the Chula Vista Landscape
Manual and the Chula Vista Subdivision Manual Sections 4-100 and 4-200 as
appropriate to the construction ora public park.
b. Construction Plan
The Construction Plan represents a 50 percent complete construction plan as defined by
the Chula Vista Subdivision Manual Section 4-200 Grading Plans. Construction Plans
shall be consistent with the requirements of the Chula Vista Landscape Manual and the
Chula Vista Subdivision Manual Sections 4-100 and 4-200 as appropriate to the
construction of a public park.
c. Play Area Plan
The Play Area Plan represents a scaled drawing that depicts in plan view the park's play
area(s). The plan shall contain sufficient enough information to demonstrate design
intent, conformance to applicable ADA requirements, and relationship of play area(s) to
the park. Product literature describing play equipment components shall also be
included.
d. Construction Mater/als and Finish Schedule
The Construction Mater/als and Finish Schedule represents a description of park paving,
walkways, jogging paths, mow strips, play surfaces, monument signs, and park
furnishings (benches, picnic tables, BBQ units, hot ash containers, trash receptacle, bike
rack, drinking fountain, etc.). Product literature describing park furnishings and fixtures
shall also be included.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 17
e. Landscape Construction Details
Landscape construction details identify the manner and methods of park construction.
The details should be drawn to scale and in a format suitable for inclusion in the
construction documents.
f. Lighting Plan and Details/Electrical Plans
The Lighting Plan and Details identify the location (in plan view) of site lighting
including walkway/path lighting, parking lot lighting, court facility lighting, and security
lighting. Product literature describing light fixtures shall also be included. Site electrical
service and metering fi.om San Diego Gas & Electric shall also be included.
g. Planting Plan
The Planting Plan shall be to scale and shall include the identification of the type, size,
and quantities of proposed plant materials.
h. Irrigation Equipment and Details
The Irrigation Equipment and Details consists of a listing of irrigation system
components including irrigation heads (Manufacturer and Equipment Model numbers).
Appropriate Irrigation details shall also be provided.
i. Building Architecture
The Building Architecture information shall be drawn to scale (typically at one inch
equals four feet). Information presented shall include a floor plan and building elevation
drawings and the identification of proposed construction materials and colors. The plans
shall contain sufficient information to demonstrate design intent, conformance to
applicable ADA requirements, and relationship of use to the park. Product literature
describing fixtures and equipment shall also be included.
j. Specifications
Specifications shall include method of installation and set quality standards for materials
and workmanship for the finished product.
Once completed the Preliminary Construction Documents shall be provided to the City's
Landscape Architecture Division. The Landscape Architecture Division Staff will
distribute the information to other City Staff members for the purpose of receiving
comment.
City staffwill identify necessary plan corrections and provide Consultant with redlines
plan check sets. The Consultant will then review the comments fi.om staffand proceed
to make changes, incorporating the changes into an 80 percent complete construction
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 18
document package submittal. The 80 percent complete construction document package
represents the next phase and is called "Task 5.6: Construction Documents".
5.6 Co :nstruction Documents: The Construction Document Phase consists of the preparation,
review and approval o£ all plans necessary for utilization by the contractor for the
installation of the Neighborhood Park. Construction documents are to be prepared by
Consultant in accordance with the requirements of appficable City codes, the Uniform
Building Code, the City of Chula Vista Landscape Manual, and other pertinent park
development standards and specifications. With each plan check submittal as described
below, an updated estimate of probable cost shall be included. Construction Document
submittals include a total o£three separate submittals (80 percent, 90 percent, and 100
percent complete).
Task 5.6 A: Construction Documents (CD's) (80 Percent Complete)
The Consultant shall prepare a second plan check that incorporates City staff comments.
The Consultant shall submit the second plan check set (Deliverable No. 5) (80 percent
complete construction documents) for review by City Staff.
Task 5.6 B: Construction Documents (CD's) (90 Percent Complete)
The Consultant shall prepare a third plan check that incorporates City staff comments.
The Consultant shall submit the tl~rd plan check set (90 percent complete construction
documents) for review by City Staff (Deliverable No. 6). The Landscape Architecture
?ivision will distribute the construction documents to other staff departments to receive
input and comments pertaining to the plans.
Task 5.6 C: Construction Documents (CD's) (100 Pement Complete)
The Consultant shall prepare a fourth plan check that incorporates City staffcomments.
The Landscape Architectural Consultant shall submit the fourth plan check set (100
percent complete construction documents) for review by City Staff(Deliverable No. 7).
The Landscape Architecture Division will distribute the construction documents to other
staff departments to receive input and comments pertaining to the plans.
5.7 Final Construction Documents: Consultant shall work with City staffto complete the
construction documents until staffdetermines that construction of the park can proceed
per the construction documents (Deliverable No. 8).
5.8 Construction Administration Phase: During construction of the park P- 13 improvements,
the Landscape Architect shall meet with the construction contractor to ensure the design
intent of the drawings is interpreted accurately. At this time questions of interpretation
are to be resolved, construction industry quality standards are to be realized, and the
interest of the City is to be preserved with all matters arising to question.
3ptyagrnt City of Chula Vista/WYC/Otay Project
October22, 2002 1~ ~?,~ Page 19
5.9 Additional Services: Potential Additional Services include but are not limited to:
· Revisions and changes to City and Applicant approved drawings.
· Presentations to Public Agencies or meetings beyond those listed in the above Scope
of Services.
· Preparation of design alternatives after the completion of the Preliminary Master
Plan.
· Additional services will be performed on an hourly basis only upon the prior written
approval of the City at the rates set forth in Exhibit C.
6. Documents to be provided by Applicant to Consultant:
Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to
scale) indicating at a minimum - topographic contours at 1' intervals; spot elevations of existing
structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property
boundaries; aerial photograph in orthographic projection printed to standard scale; all existing
plant material with individual identification of all trees over 2" diameter trunk with labeling of
location, trunk diameter at breast height, canopy spread and species and other support
documentation necessary for the Consultant to perform the services described in Paragraph 4
and 5 above.
7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "processing Task
Sunmaary Table - Attachment D")
7.1 Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
7.2 Deliverables - The work for this phase will be in the form of scaled, dimensioned
drawings as necessary to communicate the design intent, sizes and material selection for all
scope items. The instruments will be prepared in AutoCAD ® Release 14 on base plans
issued by the City and Applicant. The base plans will be in AutoCAD ® Release 14, and
will be fully coordinated with other consultant's work prior to issuance to Consultant.
·Instruments of Service / Electronic Media:
o Hard copy, original drawings and specifications are the deliverable
instruments o f service. If work is prepared in electronic media format the
Consultant will provide electronic copies for convenience only. Electronic
media will be prepared in AutoCAD ® Release 14 format. In accepting and
utilizing any drawings or other data on any form of electronic media
generated and provided by the Consultant, the City and Applicant covenants
and agrees that all such drawings and data are instruments of service of the
Consultant. The electronic files submitted by the Consultant to the City and
Applicant are submitted for an acceptance period of five working days. Any
defects the City and Applicant discovers during this period will be reported to
the Consultant and will be corrected.
3ptyagmt City of Chula VistafvVYC/Otay Project
October 22, 2002 Page 20
7.3 Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Due no later than 3 weeks fi.om Effective Date of Agreement.
Task 5.2 Park Site Analysis (Work Product):
1. Site Analysis (40 Scale) (6) copies.
Deliverable No. 2: Due no later than 7 weeks from Effective Date of Agreement.
Task 5.3 Preliminary Master Plan (Work Products): 1. Site Plan (40 Scale) (6) copies
2. Site Cross Sections at appropriate scale (as needed to communicate design intent)(6)
copies.
3. Plan view of buildings (1/4" Scale)(6) copies
4. A list of proposed construction materials and colors (6) copies
5. Preliminary Construction Budget (6) copies
Deliverable No. 3: Due no later than 13 weeks from Effective Date of Agreement.
Task 5.4 Preparation. of Draft Park Master Plan (Work Products): 1. Site Plan (40 Scale) (12) copies
2. Plan view of buildings (1/4" Scale)(6) copies
3. A list of proposed construction materials and colors (6) copies
4. Draft Construction Budget (6) copies
5. One Set of colored renderings, mounted on foam-core board.
6. Full color, reduced (8 V2" x 11") reproductions of the Site Plan, Sections, Elevations,
and Entry drawings (12 each)
Deliverable No. 4: Due no later than 24 weeks fi.om Effective Date of Agreement.
Task 5.5 Design Development Preliminary Construction Documents (CDs) (first plan
check) Work Products:
I. Design Development Preliminary Construction Documents (15 Copies).
2. Estimate of Probable Construction Costs (with 15% contingency) (One Copy).
Deliverable No. 5: Due no later than 31 weeks Effective Date of Agreement
Task 5.6A Construction Documents (CD's) (80 Percent Complete) (second plan check)
Work Products:
l. Construction Documents (CD's) (80 Pement Complete) (15 Copies)
2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy).
Deliverable No. 6: Due no later than 38 weeks fi:om Effective Date of Agreement
Task 5.6 B Construction Documents (CD's) (90 Pement Complete)(third plan check)
Work Products:
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002
/~ ,~ ~ Page 21
1. Construction Documents (CD's) (90 Percent Complete) (10 Copies)
2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy).
Deliverable No. 7: Due no later than 45 weeks from Effective Date of Agreement.
Task 5.6 C Construction Documents (CD's) (100 Percent Complete) (fourth plan check)
Work Products:
1. Construction Documents (CD's) (100 Percent Complete) (3 Copies)
2. Estimate of Probable Construction Costs (with 15% contingency) (One Copy).
Deliverable No. 8: Due no later than 49 weeks fi'om Effective Date of Agreement.
Task 5.7 Work Products:
1. Construction Document Mylars (CD's) (100 Percent Complete) (1 Copy) and three
full size copies of CD set and three half-size copies of CD set.
Deliverable No. 9: Due on or business day before the 1st and 15th of each month of the
Project through task 5.7.
Project Status Memorandums and Meetings
Tasks 5.1 through 5.7 Services - Proiect Status Memorandum:
1. Consultant to provide a typewritten memorandum referred to as Project Status
Memorandum to the City contract administrator or designee on a bi-monthly
minimum basis. The Project Status Memorandum shall describe project status.
The Memorandum is to include an inventory of issues and the status of issues
(resolved or unresolved).
Task 5.1 Meetings:
1. Pre-application meeting with City Staff.
Task 5.2 Meetings:
1. No Mandatory Meeting.
Task 5.3 Meetings:
l. Consultant meets with City Staff and presents work products.
Task 5.4 Meetings: 1. Consultant meets with City Staff and presents work products.
2. Presentation to Parks and Recreation Committee
3. Presentation to thc City Council.
Task 5.6A Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
3ptyagmt City of Chula VistaJWYC/Otay Project
October 22, 2002
/~ ~ 2¢ Page 22
Task 5.6 B Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.6 C Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.7 Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.8 Meetings:
1. Construction Administration Phase Meetings at project site and/or City
offices. (45 Hours)
7.4 Date for completion of all Consultant services (excluding Task 5.8 Meetings):
52 weeks from the effective date of this Agreement. Times for performance maybe
extended in the sole discretion of the Director of Building and Park Construction.
8. Contract Administrators.
City: Mary Hofmockel
Landscape Architecture Division
1800 Maxwell Road, Chula Vista, CA 91911
Phone No. (619) 397-6005
Fax No. (619) 397-6250
Applicant: Kent Aden
The Otay Ranch Company (Otay Project L. P., a California
limited partnership
350 West Ash Street, Suite 730, San Diego, CA 92101
Phone No. (619) 234-4050
Fax No. (619) 234-4088
Consultant: Pat Caughey
WIMMER YAMADA CAUGHEY
3067 5TM Street, San Diego, CA 92103
Phone No. (619) 232-4004
Fax No. (619) 232-0640
9. Statement ofEconomic h~terests, Consultant Reporting Categories, per Conflict ofinterest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No. 1. Investments and sources of income.
3ptyagmt City of Chula VistaJWYC/Otay Project
October 22, 2002 Page 23
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 soumes 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.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000
(X) Commemial General Liability Insurance: $1,000,000
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
(X) Errors and Omissions insurance: $500,000.00 (not included in Commemial General
Liability coverage)
11. California Business and Professions Code / Section 5616 / Disclosure:
Landscape Architects are regulated by the State of California. Any questions concerning a
Landscape Architect may be referred to the Landscape Architects Technical Committee at:
Landscape Architects Technical Committee
400 R Street
Suite 4000
Sacramento, California 95814 '
(916) 445-4954
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 24
Exhibit B
Additional Recitals
WHEREAS, thc Applicant has deposited an initial sum for thc necessary work and
identifying scope of work for neighborhood park master plan as outlined in Exhibit "A" and,
WHEREAS, public ~oti¢c of thc required architectural services was mailed to over 200
Landscape Architect Firms in San Diego and Southern Orange Counties and irt a paper of general
circulation, inviting prospective Consultants to submit proposals, letters of interest and/or
applications to be on the list of qualified Landscape Architectural Consultants, and
WHEREAS, the Consulting firm of WiMMER YAMADA CAUGHEY has significant
expertise and experience in preparing park master plan documents within San Diego, and
WHEREAS, the Office of Building and Park Construction has negotiated the details o£this
agreement in accordance with procedures set £onb in Sections 2.56.220-224 of the Chula Vista
Municipal Code.
3ptyagmt City of Chula Vi sta/WYC/Otay Project
October 22, 2002
/ ~ ~,~ / Page 25
Exhibit C
1. Compensation Schedule and Deposit: Terms and Conditions.
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by
Consultant in the performance of said Services, at the rates or amounts set forth herein below
according to the following terms and conditions:
(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
General and Detailed Services herein required of Consultant for $148,000 including all
Materials, and other "reimbursables" ("Maxim~tm Compensation").
Rate Schedule
Breakdown of Consultant Hourly Fees for Village One West Neighborhood Park
Staff Hourly Rate
WIMMER YAMADA CAUGHEY
Principal in Charge 150.00
Project Manager 95.00
Landscape Architect 85.00
Clerical 45.00
Permitted Subconsultants:
Spiegel Nance Design
Principal in Charge 125.00
Project Manager 85.00
Architect 75.00
Clerical Support 45.00
R.E. Berg Engineering, Inc.
Principal in Charge 150.00
Project Engineer 90.00
Civil Engineer 80.00
Clerical Support 45.00
LSW Engineers
Principal in Charge 135.00
Project Engineer 125.00
Electrical Engineer 90.00
Clerical Support 45.00
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002
/ ~ ~ ~ Page 26
Ninyo & Moore
Principal in Charge 125.00
Project Engineer 90.00
Geotechnical Engineer 80.00
Clerical Support 45.00
Helix Environmental
Principal in Charge 125.00
Project Manager 90.00
Biologist 75.00
Clerical Support 45.00
2. Materials Separately Paid For by Applicant:
All materials provided to Applicant, including:
( X ) Materials * Cost plus 15%
Reports
Copies
( X ) Travel Cost plus 15%
( X ) Priming Cost plus 15%
( X ) Postage Cost plus 15%
( X ) Delivery Cost plus 15%
( X ) Long Distance Telephone Charges Cost plus 15%
( X ) Other Actual Identifiable Direct Costs Cost plus 15%
· Materials in excess of the one copy of each deliverable identified in Section 7.3, except
Deliverable No. 3, Task 5.4, item 5 and Deliverable No. 8 Task 5. 7, item 1. City will transmit to
the Applicant a single copy at no charge of those items with the noted exceptions Applicant shall
pay for the noted exceptions and all additional copies.
Deposit
For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant
has paid to the City in partial satisfaction of the Applicant's parkland improvement
obligation.
(X) Deposit Amount: $ 50,000.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good
faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City
harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to Cityin advance
of payment, City shall consider Applicant's protest and any evidence submitted prior to the
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 27
due date for the payment of said bill by Applicant in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the
Deposit to pay said billing.
(X) Bill Processing:
A. Consultant's Billing with original to City and a copy to Applicant to be submitted for
the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 60530010
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
(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, the following Retention
Percentage 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 Serviees to the satisfaction of,
and as solely determined by the Director of Parks and
Recreation.
( ) Other:
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 28
Exhibit D
Village One West Neighborhood Park Master Plan and Construction Documents
Processing Task Summary
Week Meet/ Staff Activity Description
with
Nmnbe~ Staff Review
1 X (Task 5.1) Pre-Application Meeting
2 (Task 5.2) Preparation of Park Site Analysis
3 (Task 5.2) Preparation of Park Site Analysis
4 (Task 5.3) Preparation of Preliminary Master Plan
5 (Task 5.3) Preparation of Preliminary Master Plan
6 (Task 5.3) Preparation of Preliminary Master Plan
7 X X (Task 5.3) Present Preliminary Site Plan & Master
Plan
8 X Staff Review of(Task 5.3) Product
9 X StaffReview of (Task 5.3) Product
10 X StaffReview of(Task 5.3) Product
11 Comments back to Consultant Preparation of Draft
Mas~er Plan (Task 5.4)
12 (Task 5.4) Preparation of Draft Master Plan
13 X (Task 5.4) Present Task 5.4 Product.
14 X StaffReview of (Task 5.4) Product.
15 X StaffReview of (Task 5.4) Product.
16 X (Task 5.4) Presentation of Product to Park and
Recreation Commission.*
17 No Activity
18 No Activity
19 X (Task 5.4) Presentation of Product to City Council.*
20 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
21 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
22 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
23 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
24 (Task 5.5) Submit Design Development Preliminary
Construction Documents (50% Complete)
25 X Staff Review of (Task 5.5) Product
26 X StaffReview of(Task 5.5) Product
27 X StaffReview of(Task 5.5) Product
28 (Task 5.6) Return of Staff Comments to Consultant.
Preparation of Construction Documents (80%
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 /~ _~ Page 29
Complete)
29 (Task 5.6 A) Preparation of Construction Documents
(80% Complete)
30 (Task 5.6 A) Preparation of Construction Documents
(80% Complete)
31 (Task 5.6 A) Submit Construction Documents (80%
Complete)
32 X StaffReview of(Task 5.6 A) Product
33 X StaffReview of(Task 5.6 A) Product
34 X StaffReview of (Task 5.6 A) Product
35 (Task 5.6 B) Return of Staff Comments to Consultant.
Prepare Construction Documents (90% Complete)
36 (Task 5.6 B) Prepare Construction Documents (90%
Complete)
37 (Task 5.6 B) Prepare Construction Documents (90%
Complete)
38 (Task 5.6 B) Submit Construction Documents (90%
Complete)
39 X StaffReview of (Task 5.6 B) Product
40 X StaffReview of(Task 5.6 B) Product
41 X StaffReview of(Task 5.6 B) Product
42 (Task 5.6 C) Return of Staff Comments to Consultant.
Prepare Construction Documents (100% Complete)
43 (Task 5.6 C) Prepare Construction Documents (100%
Complete)
44 (Task 5.6 C) Prepare Construction Documents (100%
Complete)
45 X (Task 5.6 C) Submit Construction Documents (100%
Complete)
46 X Staff Review of (Task 5.6 C) Product
47 X StaffReview of(Task 5.6 C) Product
48 (Task 5.7) Return of Staff Comments to Consultant.
Construction Document Mylars Submit.
__49 X X (Task 5.7) Construction Document Mylars Submitted
50 (Task 5.7) Construction Document Mylars Signed by
City.
51 (Task 5.7) Construction Document Prints made.
52 X (Task 5.8) Commencement of Construction
Administration Phase. Task to continue through
[ construction.
· Hearing Dates are subject to change. Actual week occurrence is dependant on agenda and meeting
availability. Delays in hearing scheduling will extend processing weeks described above.
3ptyagmt City of Chula Vista/WYC/Otay Project
October 22, 2002 Page 30
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 10/22/02
ITEM TITLE: Resolution approving the Three-Party Agreement
between the City of Chula Vista and Otay Project, L.P. (Applicant)
and Van Dyke L.L.P. (Consultant) for Landscape Architectural
Services, and authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Andy Campbell, Director Building and Park Construction~
REVIEWED BY: City Manager Ow/~'~ , (4/5ths Vote: Yes X )
The Otay Ranch Company proposes to develop a Neighborhood Park within the Otay Ranch Village
Six Project in satisfaction of the parkland obligation for the Village Six Project.
STAFF RECOMMENDATION: That the City Council adopt a Resolution approving the Three-
Party Agreement between the City of Chula Vista, Otay Project, L.P. (Applicant), and Van Dyke,
L.L.P. (Consultant), for Landscape Architectural Services and authorizing the Mayor to execute the
Three-party Agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Background
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the Otay Ranch Village Six project, and in satisfaction of Conditions of Approval for
the Otay Ranch Village Six project the Otay Ranch Company is providing a 'turn-key' public
neighborhood park on 7.6 gross-acres (see Attachment 1). To realize this neighborhood park a
landscape architectural design firm is needed to provide a neighborhood park master plan and
construction documents.
Consultant Selection Process
The Office of Building and Park Construction, following the City's Purchasing Ordinance process
described within Municipal Code Section 2.56.220-2.56.240, having publicly advertised and
receiving 24 submittals, interviewed eight firms and selected the Landscape Architectural firm of
Van Dyke, L.L.P. as the best qualified to provide the master planning services and construction
documents for the development of this Otay Ranch Village Six neighborhood park.
Page 2, Item No.: [ 6~
Meeting Date: 10/22/02
This selection was based upon the firms qualifications, experience of professional staff, the project
team's related expertise, demonstrated performance of similar work, the quality of proposal
submitted, interview presentation, and response to questions.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City. The Office of Building and Park Construction
has negotiated the details of this Agreement in accordance with the procedures set forth in Section
2.56.110 of the Chula Vista Municipal Code.
Scope of Work
Under the terms of this Agreement and in conjunction with City staff, Van Dyke, L.L.P. (Consultant)
will prepare a neighborhood park master plan and construction documents. The responsibilities and
services will be provided as needed, but not limited to the following:
· Attend pre-application meeting with Staff;
· Prepare a park site analysis;
· Prepare a preliminary park master plan;
· Prepare a draft park master plan;
· Prepare estimates of probable cost of construction information;
· Make a presentation at a Parks and Recreation Commission meeting;
· Make a presentation at a City Council hearing;
· Prepare preliminary construction documents through final construction documents;
· Provide construction administration; and
· Prepare progress reports.
Contract Payment
The total not-to-exceed amount to be paid to the Consultant is $184,553.20. The Project Applicant
will pay monies to the City in partial satisfaction of the Project's Parkland Acquisition and
Development Obligation. The City has money in a deposit account and will use the money to pay for
the Consultant's services. The Project's Applicant will also reimburse any City staff time associated
with the implementation of the Contract through a separate staff processing deposit account that has
already been established.
The City Attorney's Office has reviewed and approved the form of the Contract.
Conclusions
Staff believes, based upon a full understanding of the issues involved, that the City will realize an
increased benefit in the recreational resources available to the residents of Chula Vista. Staff
recommends, based upon the benefits of this Agreement, that the City Council approve the proposed
Agreement.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The Applicant, Otay Project, LP will fully
compensate Van Dyke, L.L.P., the Consultant.
Attachments: 1. Vicinity Map
2. Three-Party Agreement
J:\BPC\LADWillage Six Neighborhood Park~113 - Otay Ranch Village Six Park doc
CITY OF CV ~001/001
Attachment 1
S~tt~ETWAIER
RESERVOIR
VILLAGE 6
OTA¥
- EAS'J~AKE pKWy
PKWT
LOWER OTAY
RESERVOIR
PROJECT
-. VICINITY MAP
'NOr~ TO SCATHE '
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
OTAY PROJECT L.P. (APPLICANT) AND VAN DYKE L.L.P.
(CONSULTANT) FOR LANDSCAPE ARCHiT~ECTURAL
SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction
for entitlements received for the Otay Ranch Village Six Project, and in satisfaction of Conditions of
Approval for the Otay Ranch Village Six, the developer is providing a "turn-key" public
neighborhood park on 7.6 gross-acres; and
WHEREAS, to realize this neighborhood park, a landscape architectural design firm is
needed to provide a neighborhood park master plan; and
WHEREAS, the Office of Building and Park Construction, in accordance with Municipal
Code Sections 2.56.220-2.56.240, publicly advertised and received 24 submittals, interviewed eight
finns and selected the Landscape Architectural finn of Van Dyke L.L:P. as the best qualified to
provide thc master planning services for thc development of the neighborhood park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista,
does hereby approve the Three Party Agreement between the City of Chula Vista and Otay Project,
L.P. and Van Dyke L.L.P. for Landscape Architectural Services, a copy of which shall be kept on
file in the office of the City Clerk.
BE 1T FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by: Approved as to form by:
Andy Campbell, Director .loh~0l.t-Ka~q'eny
Building and Park Construction City Attorney
J:,Attomcy',rcsoX, Van Dyke Agreemcn
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/j /,/~jfo/i.m M. K h y City Attorney
Dated:
Three Party Agreement with 0tay Project, LP
(Applicant) and Van Dyke for Landscape
Architectural Services
Three Party Agreement
Between
City of Chula Vista,
VAN DYKE L.L.P., Consultant, and
OTAY PROJECT L.P., Applicant
For Consulting Work to be rendered with regard to
Neighborhood Park (P-l) within the Otay Ranch Village Six Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant" VAN DYKE L.L.P. whose business form and address is
indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as
"Applicant" OTAY PROJECT L.P., a California limited partnership whose business form and
address is indicated on the attached Exlfibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph t, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. hi order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the City. Applicant will receive parkland
improvement credit for payment of Consultant's fees except as provided for elsewhere in this
agreement.
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3. Agreement.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 Page 1
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant_.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
hi delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall fumish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the goveming compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
the. eked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3:2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant is
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs
of the additional work which the City determines is or may be required. Applicant shall pay any and
all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request Rom Consultant, from time to time reduce
the 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. Upon failure to agree, the City may
unilaterally reduce the Fixed Fee by the amount of time and materials budgeted by Consultant for the
Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /q~q Page3
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting there from.
3.3.1.1.4. Applicant shall be notified within 30 days after the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shallbe
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. 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's, 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:
4.1.I. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant 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 and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/L~ _/~5~ Page 4
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant and all sub-consultants shall
demonstrate proof of coverage heroin reqtfired, 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.
4.2.2. 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 and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 6.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indenmify,
defend, and hold Applicant harmless fi.om all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
[~..~' ~.~./[ Page 5
5.3. Communication to ConSUltant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with tho express
consent of City. The Applicant may request such meetings, as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph
8, as said party's contract administrator who is authorized by said party to represent them in the
routine administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are SPecified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. 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.
7.3. 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.
7.4. 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 dnring the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /4 '~J.~ Page6
7.5. 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 C~ty 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.
7.6. 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 the property which is the subject matter of the Project,
or m any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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 thereafler.
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.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable'period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of defanlt of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
3ptyagmt City of Chula VistaJVan Dyke/Otay Project
October 22, 2002
/q _/..~ Page7
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no fight to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit 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 of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11. Hold Harmless and Indemnification
11.1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or the Consultant's employees, agents and officers,
arising out of any services performed involving this project, except liability for Professional
Services covered under Section 11.3 the Consultant agrees to defend, indemnify, protect and
hold harmless the City, its agents, officers, or employees from and against all liability. Also
covered is liability grising from, connected with, caused 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 negligence acts or omissions of the Consultant, its
employees, agents, or officers, or any third party. The Consultant's duty to defend, indemnify,
protect, and hold harmless shall not include any claims or liabilities arising from the sole willful
misconduct of the City, its agents, officers, or employees. This Section in no way alters, affects
or modifies the Consultant's obligations and duties under Section 1 herein and Exhibit A,
Paragraphs 4 entitled "Services - ~ General" and Para~aph 5 entitled "Detailed Services"
11.2. Indemnification for Professional Services
3ptyagrnt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/dSfi ~/L~ Page 8
As to the Consultant's professional obligations, work or services involving this Project, the
Consultant agrees to defend, indemnify and hold harmless the City, the Applicant, its agents,
officers, and employees fi-om and against any and all liability, claims, costs, and damages, including
but not limited to, attorneys fees, losses or payments for injury to any person or property, caused
directly or indirectly fi.om the negligent acts, errors or omissions of the Consultant or the
Consultant's employees, agents, or officers.
11.3. Applicant to Indemnify City regarding Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
em. l~loyees, agents, or representatives of the City ("City Indemnitees"), in any way resulting fi.om or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. 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 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.
14. Miscellaneous.
14.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. Ail 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
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/q 15- Page 9
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
14.3. Entitlement to Subsequent Notices.
No notice to or demand oh the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
14.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and tmderstanding 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.
14.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
14.6. 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.
14.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
14.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
14.9. Severability.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /~'~ ,~,./~ Page 10
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenfomeable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to th/s Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the Intentions of the parties as reflected herein.
14.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
14.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
heroin contained. The making or the acceptance ora payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
14.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
14.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement mayhave an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
I ' "17 Page
Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: City of Chula Vista
By:.
Shirley Horton, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
Dated: Consultant:
Van Dyke L.L.P.
Mitch Phillip~pe, Princi3ll"
Dated: Applicant:
By:
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 ]~ ~ /7 Page 12
Exhibit A
Reference Date of Agreement: October 22, 2002
Effective Date of Agreement: October 22, 2002
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: VAN DYKE L.L.P.
Business Form of Consultant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 2970 Fifth Avenue, Suite 240, San Diego, CA 92103
Applicant: OTAY PROJECT L.P., a California limited partnership company,
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 350 W. Ash Street, Suite 730, San Diego, CA 92101
1. Property (Commonly known address or General Description):
The City of Chula Vista has approved a Tentative Subdivision Map (Map) known as Otay
R. anch Village 6, Chula Vista Tract 02-05, which includes a 7.0 net acre Neighborhood Park
site (P-l). The 7.0 net acre park is centrally located in Village 6, adjacent to the future
Elementary school and the future commercial core area with frontage along View Park Way
and Magdalena Avenue. Village 6 is bound by Olympic Parkway and Birch Road on the
north and south, respectively and La Media Road and SR-125 on the west and east,
respectively. The park is adjacent to single-£amily and multi-family home sites and is
intended to primarily serve the immediate neighborhoods' recreational needs and will
contain both passive and active recreational use areas and a comfort station.
2. Project Description ("Project"):
Prepare a Park Master Plan, Design Development, and Construction Documents for Park P
3. Entitlements applied for:
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ ~/~ Page 13
Approved Tentative Map, Approved Final Maps for Otay Ranch Village Six, and future
Final Maps for Otay Ranch Village Six.
4. General Nature of Consulting Services ("Services - - General"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval from the City Council for a Neighborhood Park
Master Plan for Park P-1. Plan shall be prepared and all Consultant services shall be
performed to the satisfaction of the Director of Building and Park Construction. Plan
shall consist of a Park Site Analysis, Prelim/nary Park Master Plan, and Draft Park
Master Plan with accompanying support documents as outlined in Paragraph 5 - Detailed
Scope of Work.
4.2 Design Development (Preliminary Construction Documents) and Construction
Documents - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval from the Director of Building and Park
Construction for Preliminary through Final construction documents for the
Neighborhood Park. The documents shall be prepared and all Consultant services shall
be performed to the satisfaction of the Director of Building and Park Construction.
Documents shall be as outlined in Paragraph 5 - Detailed Scope of Work.
4.3 Construction Administration - Provide professional LandscaPe Architectural Services as
required to represent City's interest during construction of the park improvements. The
Landscape Architect shall meet with the construction contractor to ensure the design
intent of the drawings is interpreted accurately. At this time questiofis of interpretation
are to be resolved, construction industry quality standards are to be realized, and the
interest of the City is to be preserved with all matters arising to question.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall provide the following services all to the satisfaction of the Director of
Building and Park Construction:
5.1 Pre-application Meeting with Staff: Within 10 business days of City Council approval of
this agreement, the consultant shall schedule and attend a Pro-application Meeting with
the City's Landscape Architecture Division and Applicant prior to preparation of the Site
Analysis. This meeting will be used to familiarize the Consultant with design issues
related to development of the park, identify appropriate scale, and identify the elements
of the park budget. The primary purpose of the Pre-application meeting is for the
consultant to gather information pertaining to the park site that would be useful in the
development of a park site analysis, development of the preliminary Master Plan
concepts, and completion of the Park Master Plan Application.
5.2 Preparation of Park Site Analysis: The Park Site Analysis process includes the inventory
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~.~ Page 14
by Consultant of specific on-site and off-site characteristics of the park site. The Park
Site Analysis documents site potentials and constraints, including those man-made, and
those created by natural resources and forces. The Park Site Analysis will include: legal
and physical boundaries, holdings, and easements; roads and walks circulation elements;
utilities; adjacent land uses (existing and planned); topography, gradients, and drainage
patterns; sun and wind orientations; views (off-site and on-site) and; significant features,
sounds and smells, spatial patterns, and general impressions regarding the experience
potential of the site and its parts. (Deliverable No. 1)
5.3 Preparation of Preliminary Master Plant The Preliminary Master Plan Phase is the
refinement of the Concept Plan (contained in the Parks, Recreation, Open Space, and
Trails Plan document as a portion of the Village 6 SPA Plan) to bring the park design to
a detail and graphic level acceptable for presentation to the City Staff and the Applicant.
Park site facilities to be in the plan include a softball field, a turf area suitable for soccer
field play, comfort station (standard City floor plan), on-site parking (25 spaces including
disabled spaces), tot lot (containing two age group areas), picnic tables (approximately
seven), picnic shelters for a minimum of four picnic tables, sport court facilities (2
basketball and 2 tennis), and a perimeter walking/jogging path. While the City has
developed a standard comfort station floor plan for use in its parks, building elevations
are typically unique to each park site and for Park P- 1 are to be compatible with the park
development and the surrounding neighborhoods.
The park will have been graded in a manner consistent with rough grading approval for
the subdivision. The Consultant is to consider whether the site's grading needs to be
modified in order to accommodate desired recreation facilities. A majority of the site's
property boundaries along the future school and commercial areas will contain masonry
block walls that will be constructed as part of adjacent development. Vehicular access to
the site will be from View Park Way or Magdalena Avenue. Pedestrian access will occur
via public walkways.
Development of the Preliminary Park Master Plan shall take into consideration other
applicable City development standards. These include the City of Chula Vista
Landscape Manual, building and fire codes, site facility accessibility requirements for the
disabled, zoning and planned community district regulations, grading and subdivision
regn!ations, and the Park and Recreation Master Plan (Draft). There are also specific and
precise plans and project specific design guidelines that may supplement or supercede
the otherwise applicable guidelines, standards, and regulations.
The Preliminary Master Plan Phase includes preparation and submission by Consultant
of an estimated construction budget. The estimated construction budget for the park at
the Preliminary Master Plan Phase shall not exceed 75 percent of the allowable park
budget (including contingency).
The Park Master Plan requirements are described below.
3ptyagn~t City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~) _~/ Page 15
Preliminary Master Plan Requirements (Deliverable No. 2):
The Master Plan shall include:
· Existing and proposed improvements.
· Park and recreational facilities clearly identified.
· Open space areas.
Trail system (pedestrian, bicycling, hiking, equestrian).
· Types of fencing, retaining and freestanding walls.
· Walkways, pedestrian and vehicular circulation, interface, and protections and
parking.
· Irrigation mainline layout, with proposed and existing water meters.
· Areas to receive irrigation.
· Lighting concepts.
· Indicate plant palette (botanical and common name), with types, locations, sizes.
· Slope and erosion control treatment.
· Distinguish between groundcovers or lawn areas and method of separation.
· Grading design and drainage intent.
· Signage
· Property lines, easements, and any deed restrictions.
· Paved, unpaved areas, and types of paving.
5.4 Preparation of the Draft Park Master Plan: Following review of the Preliminary Park
Master Plan by the City, and a determination of acceptability of the Preliminary Park
Master Plan, the consultant will be requested to proceed and shall proceed with the
preparation of the Draft Park Master Plan (Deliverable No. 3). The Draft Park Master
Plan essentially represents the fine-tuning of the Preliminary Park Master Plan and shall
incorporate comments and direction given by City Staff.
The Consultant shall submit the Draft Master Plan to City staff for review and comment,
and thereafter present it to the Park and Recreation Commission and the City Council for
review and approval. If approved by the City Council, the Draft Park Master Plan
becomes the approved Park Master Plan.
Note: The following tasks pertain to the scope of work that will follow approval of the Parl~
Master Plan.
5.5 Design Development (Preliminary Construction Documents). The Design
Development phase of the Park Development Review Process will focus on the
refinement of the Master Plan to a level of detail sufficient to move into the
Construction Document Phase. Consultant shall prepare a preliminary set (50 percent
complete) of the construction documents package and an estimate of probable
3ptyagmt City of Chuia Vista/Van Dyke/Otay Project
October 22, 2002
/c~ ~ 2~.~ Page 16
construction costs with a 15% contingency (Deliverable No. 4). The content and
format of the preliminary Construction documents shall be consistent with the
requirements outlined in The Chula Vista Landscape Manual.
The Landscape Manual identifies that all construction plan sheets are to be issued City
sheet numbers and are to include the following types of sheets:
C- Civil Engineering Sheets
HC-Horizontal Control Sheets
LC-Landscape Construction
LI-Landscape krigation
LP-Landscape Planting
The following information further describes required content and format of the
Preliminary Construction Documents.
a. Grading and Drainage Plan
The Grading and Drainage Plan represents a 50 percent complete grading plan as defined
by the Chula Vista Subdivision Manual Section 4-200 Grading Plans. Grading and
Drainage Plans shall be consistent with the requirements of the Chula Vista Landscape
Manual and the Chula Vista Subdivision Manual Sections 4-100 and 4~200 as
appropriate to the construction of a public park.
b. Construction Plan
The Construction Plan represents a 50 percent complete construction plan as defined by
the Chula Vista Subdivision Manual Section 4-200 Grading Plans. Construction Plans
shall be consistent with the requirements of the Chula Vista Landscape Manual and the
Chula Vista Subdivision Manual Sections 4-100 and 4-200 as appropriate to the
construction of a public park.
c. Play Area Plan
The Play Area Plan represents a scaled drawing that depicts in plan view the park's tot-
lot/play area(s). The plan shall contain sufficient enough information to demonstrate
design intent, conformance to applicable ADA requirements, and relationship of play
area(s) to the park. Product literature describing play equipment components shall also
be included.
d. Construction Materials and Finish Schedule
The Construction Materials and Finish Schedule represents a description of park paving,
walkways, jogging paths, mow strips, play surfaces, monument signs, and park
furnishings (benches, picnic tables, BBQ units, hot ash containers, trash receptacle, bike
rack, drinking fountain, etc.). Product literature describing park ftmfishings and fixtures
shall also be included.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/ ~ ~.~ Pagel7
e. Landscape Construction Details
Landscape construction details identify the manner and methods of park construction.
The details should be drawn to scale and in a format suitable for inclusion in the
construction documents.
f. Lighting Plan and Details/Electrical Plans
The Lighting Plan and Details identify the location (in plan view) of site lighting
including walkway/path lighting, parking lot lighting, court facility fighting, and security
lighting. Product literature describing light fixtures shall also be included. Site electrical
service and metering from San Diego Gas & Electric shall also be included.
g. Planting Plan
The Planting Plan shall be to scale and shall include the identification of the type, size,
and quantities of proposed plant materials.
h. Irrigation Equipment and Details
The Irrigation Equipment and Details consists of a listing of irrigation system
components including irrigation heads (Manufacturer and Equipment Model numbers).
Appropriate Irrigation details shall also be provided.
i. Building Architecture
The Building Architecture information shall be drawn to scale (typically at one inch
equals four feet). Information presented shall include a floor plan and building elevation
drawings and the identification of proposed construction materials and colors. The plans
shall contain sufficient information to demonstrate design intent, conformance to
applicable ADA requirements, and relationship of use to the park. Product literature
describing fixtures and equipment shall also be included.
j. Specifications
Specifications shall include method of installation and set quality standards for materials
and workmanship for the finished product.
Once completed the Preliminary Construction Documents shall be provided to the City's
Landscape Architecture Division for distribution. The Landscape Architecture Division
Staff will distribute the information to other City Staff members for the purpose of
receiving comment.
City staff will identify necessary plan corrections and provide Consultant with redlines
plan check sets. The Consultant will then review the comments from staff and proceed
3ptyagrnt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ ~2~ Page 18
to make changes, incorporating the changes into an 80 pement complete construction
document package submittal. The 80 percent complete construction document package
represents the next phase and is called "Task 5.6: Construction Documents".
5.6 Construction Documents: The Construction Document Phase consists of the preparation,
review and approval of all plans necessary for utilization by the contractor for the
installation of the Park P- 1. Construction documents are to be prepared by Consultant in
accordance with the requiremems of applicable City codes, the Uniform Building Code,
the City of Chula Vista Landscape Manual, and other pertinent park development
standards and specifications. With each plan check submittal as described below, an
updated estimate of probable cost shall be included. Construction Document submittals
include a total of three separate submittals (80 percent, 90 percent, and 100 percent
complete).
Task 5.6 A: Construction Documents (CD's) (80 Percent Complete)
The Consultant shall prepare a second plan check that incorporates City staff comments
per Section 5.5 above. The Consultant shall submit the second plan check set
(Deliverable No. 5) (80 percent complete construction documents) for review by City
Staff.
Task 5.6 B: Construction Documents (CD's) (90 Percent Complete)
The Consultant shall prepare a third plan check that incorporates City staff comments.
The Consultant shall submit the third plan check set (90 percent complete construction
documents) for review by City Staff (Deliverable No. 6). The Landscape Architecture
.Division will distribute the construction documents to other staffdepartments to receive
~nput and comments pertaining to the plans.
Task 5.6 C: Construction Documents (CD's) (100 Percent Complete)
The Consultant shall prepare a fourth plan check that incorporates City staffcomments.
The Consultant shall submit the fourth plan check set (100 percent complete construction
documents) for review by City Staff(Deliverable No. 7). The Landscape Architecture
.Division will distribute the construction documents to other staff departments to receive
~nput and comments pertaining to the plans.
5.7 Final Construction Documents: Consultant shall work with City staff to complete the
construction documents tmtil staff determines that construction of the park can proceed
per the construction documents (Deliverable No. 8).
5.8 Construction Administration Phase' During construction of the Park P-1
improvements, the Consultant shall meet with the construction contractor to ensure
the design intent of the drawings is interpreted accurately. At this time questions of
interpretation are to be resolved, construction industry quality standards are to be
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/.~ -~ 2..~- Page 19
realized, and the interest of the City is to be preserved with all matters arising to
question. The Consultant shall complete As-Built Drawings (Deliverable No. 10) on
or before 30 days after date which City staff determines Pm:k P-1 has been
constructed to substantial conformance with Construction Documents and shall be to
the satisfaction of the Director of Building and Park Construction.
5.9 Additional Services: Potential Additional Services means services other than those set
forth in this Agreement and may include but are not limited to:
· Revisions and changes to City and Applicant approved drawings (excluding As-Built
Drawings).
· Presentations to Public Agencies or meetings beyond those described below in
Project Meetings.
· Preparation of design alternatives after the completion of the Preliminary Master
Plan.
· Additional Services will be performed on an hourly basis only upon the prior written
approval of the City at the rates set forth in Exhibit C.
6. Documents to be provided by Applicant to Consultant:
Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to
scale) indicating at a minimum - topographic contours at 1' intervals; spot elevations of existing
structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property
boundaries; aerial photograph in orthographic projection printed to standard scale; all existing
plant material with individual identification of all trees over 2" diameter trunk with labeling of
location, trunk diameter at breast height, canopy spread and species and other support
documentation necessary for the Consultant to perform the services described in Paragraph 4
and 5 above.
7. Schedule, Milestone, Time-Limitations within which to Perforna Services (See ,,Processing Task
Summary Table - Attachment D")
7.1 Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
7.2 Deliverables - The work for this phase will be in the form of scaled, dimensioned
drawings as necessary to communicate the design intent, sizes and material selection for all
scope items. The instruments will be prepared in AutoCAD ® Release 14 on base plans
issued by the City and Applicant. The base plans will be in AutoCAD ® Release 14, and
will be fully coordinated with other consultant's work prior to issuance to Consultant.
· Instruments of Service / Electronic Media:
o Hard copy, original drawings and specifications are the deliverable
instruments of service. If work is prepared in electronic media format the
Consultant will provide electronic copies for convenience oniy. Electronic
media will be prepared in AutoCAD ® Release 14 format. In accepting and
utilizing any drawings or other data on any form of electronic media
generated and provided by the Consultant, the City and Applicant covenants
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~2~ Page 20
and agrees that all such drawings and data are instruments of service of the
Consultant. The electronic files submitted bythe Consultant to the City and
Applicant are submitted for an acceptance period of five working days. Any
defects the City and Applicant discover during this period will be reported to
and corrected by the Consultant.
7.3 Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Due no later than ~3 weeks fi.om Effective Date of Agreement.
Task 5.2 Park Site Analysis (Work Product):
1. Site Analysis (40 Scale) (6) copies.
Deliverable No. 2: Due no later than _7 weeks fi.om Effective Date of Agreement.
Task 5.3 Preliminary Master Plan (Work Products): 1. Site Plan (40 Scale) (6) copies '
2. Site Cross Sections at appropriate scale (as needed to communicate design intent)(6)
copies.
3. Plan view of buildings (1/4" Scale) (6) copies
4. A list of proposed construction materials and colors (6)'copies
5. Preliminary Construction Budget (6) copies
Deliverable No. 3: Due no later than 13 weeks from Effective Date of Agreement.
Task 5.4 Preparation of Draft Park Master Plan (Work Products): 1. Site Plan (40 Scale) (12) copies
2. Plan view of buildings (1/4" Scale)(6) copies
3. A list of proposed construction materials and colors (6) copies
4. Draft Construction Budget (6) copies
5. One Set of colored renderings, mounted on foam-core board.
6. Full color, reduced (8 ½" x 11") reproductions of the Site Plan, Sections, Elevations,
and Entry drawings (12 each)
Deliverable No. 4: Due no later than 24 weeks from Effective Date of Agreement.
Task 5.5 Design Development Preliminary Construction Documents (CDs) (first pla~L
check) Work Products:
1. Design Development Preliminary Construction Documents (15 Copies).
2. Estimate of Probable Construction Costs (with 15% contingency) (One Copy).
Deliverable No. 5: Due no later than 31 weeks from Effective Date of Agreement
Task 5.6A Construction Documents (CD's) (80 Percent Complete) (second plan check)
_Work Products:
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/¢~ ~' ~7 Page 21
1. Construction Documents(CD's) (80 Percent Complete) (15 Copies)
2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy).
Deliverable No. 6: Due no later than 38 weeks fi:om Effective Date of Agreement
Task 5.6 B Construction Documents (CD's) (90 Percent Complete)(third plan check)
Work Products:
1. Construction Documents (CD's) (90 Percent Complete) (10 Copies)
2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy).
Deliverable No. 7: Due no later than 45 weeks fi:om Effective Date of Agreement.
Task 5.6 C Construction Documents (CD's) (100 Percent Complete) (fourth plan check)
Work Products:
1. Construction Documents (CD's) (100 Percent Complete) (3 Copies)
2. Estimate of Probable Construction Costs (with 15% contingency) (One Copy).
Deliverable No. 8: Due no later than 49 weeks fi:om Effective Date of Agreement.
Task 5.7 Work Products:
1. Construction Document Mylars (CD's) (100 Percent Complete) (1 Copy) and three
full size copies of CD set and three half-size copies of CD set.
Deliverable No. 9: Due on or business day before the Ist and 15th of each month of the
Project through task 5.7.
Tasks 5.1 through 5.7 Services - Project Status Memorandum:
1. Consultant to provide a typewritten memorandum referred to as Project Status
Memorandum to the City contract administrator or designee on a bi-monthly
minimum basis. The Project Status Memorandum shall describe project status.
The Memorandum is to include an inventory of issues and the status of issues
(resolved or unresolved).
Deliverable No. I0: Due on or before 30 days after date which City staff determines
Park P-1 has been constructed to substantial conformance with Construction Documents.
Tasks 5.8 Work Products:
1. Consultant to submit a redlined set of bluelines showing as-built changes t~ the
approved Construction Drawings for review and approval by City staff. Consultant
shall then transfer as-built redlines onto approved, signed mylars to the satisfaction
of the Director of Building and Park Construction.
Project Meetings
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /g'~ ~, 2~TM Page 22
Task 5.1 Meetings:
1. Pre-application meeting with City Staff.
Task 5.2 Meetings:
1. No Mandatory Meeting.
Task 5.3 Meetings:
1. Consultant meets with City Staff and presents work products.
Task 5.4 Meetings: 1. Consultant meets with City Staff and presents work products.
2. Presentation to Parks and Recreation Committee
3. Presentation to the City Council.
Task 5.6A Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.6 B Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.6 C Meetings:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.7 Meeting~:
1. Consultant meets with City Staff to discuss/resolve questions/comments.
Task 5.8 Meetings:
1. Construction Administration Phase Meetings at project site and/or City
offices.
7.4 Date for completion of all Consultant services (excluding Task 5.8 Meetings and As-
Builts):
52 weeks from the effective date of this Agreement. Times for performance may be
extended in the sole discretion of the Director of Building and Park Construction.
8. Contract Administrators.
City: Mary Hofmockel
Landscape Architecture Division
1800 Maxwell Road, Chula Vista, CA 91911
Phone No. (619) 397-6005
Fax No. (619) 397-6250
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ 21~.~ Page 23
Applicant: Kent Aden
The Otay Ranch Company (Otay Project L. P., a California
limited partnership
350 West Ash Street, Suite 730, San Diego, CA 92101
Phone No. (619) 2344050
Fax No. (619) 234-4088
Consultant: Mitch Phillippc
VAN DYKE, L.L.P.
2970 Fifth Avenue, Suite 240
San Diego, CA 92103
Phone No. (619) 294-8484
Fax No. (619) 574-0626
9. Statement o f Economic Interests, Consultant Reporting Categories, per Conflict of Intercst Code:
(X) Not Applicable. Not an 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 anthority 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.
10. insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $I,000,000
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /~ .~(~ Page 24
(X) Commercial General Liability Insurance: $1,000,000
( ) ~ · Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
(X) Errors and Omissions insurance: $500,000.00 (not included in Commercial General
Liability coverage)
11. California Business and Professions Code / Section 5616 / Disclosure:
Landscape Architects are regulated by the State of California. Any questions concerning a
Landscape Architect may be referred to the Landscape Architects Teclmical Committee at:
Landscape Architects Technical Committee
400 R Street
Suite 4000
Sacramento, California 95814
(916) 445-4954
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ .0.~ [~ Page 25
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the necessary work and
identifying scope of work for neighborhood park master plan as outlined in Exhibit "A" and,
WHEREAS, public notice of the required architectural services was mailed to over 200
Landscape Architect Firms in San Diego and Southern Orange Counties and in a paper of general
circulation, inviting prospective Consultants to submit proposals, letters of interest and/or
applications to be on the list of qualified Landscape Architectural Consultants, and
WHEREAS, the Consulting firm of VAN DYKE, L.L.P. has significant expertise and
experience in preparing park master plan documents within San Diego, and
WHEREAS, the Office of Building and Park Construction has negotiated the details of this
agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista
Municipal Code.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 ~ ~,~ ~,
~,."~ 4- 2~ ~'; Page 26
Exhibit C
1. Compensation Schedule and Deposit: Terms and Conditions.
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by
Consultant in the performance of said Services, at the rates or amounts set forth herein below
according to the following terms and conditions:
(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
General and Detailed Services herein required of Consultant for $184,553.20 including all
Materials, and other "reimbursables" ("Maximum Compensation").
Rate Schedule
Breakdown of Consultant I~Ioorly Fees for Village Six Neighborhood Park
Staff Hourly Rate
VANDYKE, L.L.P.
Principal 145.00
Computer Simulation Manager 130.00
Project Manager 115.00
Support Staff 95.00
CAD Technician 70.00
Administrative 45.00
Permitted Subconsultants:
RBF Consulting
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
(858) 614-5000
Principal 144.00
Project Manager 130.00
Civil Engineer 90.00
Designer 78.00
CAD Technician 68.00
Administrative 48.00
Roesling Nakatnura Architects
363.5t~ ~lvenue, San Diego, CA 92101
(619) 233- 023
Principal 150.00
Associate / P.M. 95.00
Project Architect 85.00
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ _.~..~ Page 27
Designers 70.00
DraRsperson 65.00
Administrative 45.00
Kanrad Engineering, Inc.
9750 Mirarnar Road, San Diego, CA
(858) 547-1100
Principal 150.00
Project Engineer 130.00
Senior Designer 95.00
CAD Technician 60.00
Administrative 45.00
Shepardson Engineering, Inc
10035 Prospect Ave, Santee, CA 92071
(619) 449-9830
Principal 155.00
Senior Engineer 120.00
Project Engineer 100.00
Staff Engineer 85.00
CAD Technician 50.00
Administrative 40.00
2. Materials Separately Paid For by Applicant:
All materials provided to Applicant, including:
( X ) Materials * Cost plus 15%
Reports
Copies
( X ) Travel Cost plus 15%
( X ) Printing Cost plus 15%
( X ) Postage Cost plus. 15%
( X ) Delivery Cost plus 15%
( X ) Long Distance Telephone Charges Cost plus 15%
( X ) Other Actual Identifiable Direct Costs Cost plus 15%
· Materials in excess of the one copy of each deliverable identified in Section 7.3, except
Deliverable No. 3, Task 5.4, item 5 and Deliverable No.8 Task 5. 7, item 1. City will transmit to
the Applicant a single copy at no charge of those items with the noted exceptions Applicant shall
pay for the noted exceptions and all additional copies.
Deposit
For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant
has paid to the City in partial satisfaction of the Applicant's parkland improvement
obligation. Deposit shall be maintained and replenished by the Applicant at the City's
request.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /~ ~.~ Page 28
(X) Deposit Amount: $ 61,518.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good
faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City
harmless and waive any claim against City, City 'shall pay Consultant's billing from the
mount of the Deposit. If Applicant shall protest the propriety of a billing to Cityin advance
of payment, City shall consider Applicant's protest and any evidence submitted prior to the
due d.ate for the payment of said bill by Applicant in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the
Deposit to pay said billing.
(X) Bill Processing:
A. Consultant's Billing with original to City and a copy to Applicant to be submitted for
the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 60530020
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
(X) Retention: If this space is checked, then notwithstanding other provisions to
the contrary requiting the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
Percentage 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, including As-Builts,
to the satisfaction of, and as solely determined by the Director
of Building and Park Construction.
( ) Other:
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002 /c~ r,~ Page 30
Exhibit D
Village Six Neighborhood Park Master Plan and Construction Documents
Processing Task Summary
Week Meet/ Staff Activity Description
with
Number Staff Review
1 X (Task 5.1) Pre-Application Meeting
2 (Task 5.2) Preparation of Park Site Analysis
3 (Task 5.2) Preparation of Park Site Analysis
4 (Task 5.3) Preparation of Preliminary Master Plan
5 (Task 5.3) Preparation of Prelimlnary Master Plan
6 (Task 5.3) Preparation of Preliminary Master Plan
7 X X (Task 5.3) Present Preliminary Site Plan & Master
Plan
8 X StaffReview of(Task 5.3) Product
9 X StaffReview of(Task 5.3) Product
10 X StaffReview of(Task 5.3) Product
11 Comments back to Consultant Preparation of Dratt
Master Plan (Task 5.4)
12 (Task 5.4) Preparation ofDratt Mas~er Plan
13 X (Task 5.4) Present Task 5.4 Product.
14 X StaffReview of(Task 5.4) Product.
15 X StaffReview of(Task 5.4) Product.
16 X (Task 5.4) Presentation of Product to Park and
Recreation Commisgion.*
17 No Activity
18 No Activity
19 X (Task 5.4) Presentation of Product to City Council.*
20 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
21 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
22 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
23 (Task 5.5) Design Development Preliminary
Construction Documents (50% Complete)
24 (Task 5.5) Submit Design Development Preliminary
Construction Documents (50% COmplete)
25 X StaffReview of(Task 5.5) Product
26 X Staff Review of (Task 5.5) Product
27 X StaffReview of(Task 5.5) Product
28 (Task 5.6) Return of Staff Comments to Consultant.
Preparation of Construction Documents (80%
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
Complete)
29 (Task 5.6 A) Preparation of Construction Documents
(80% Complete)
30 (Task 5.6 A) Preparation of Construction Documents
(80% Complete)
31 (Task 5.6 A) Submit Construction Documents (80%
Complete)
32 X Staff Review of (Task 5.6 A) Product
33 X StaffReview of (Task 5.6 A) Product
34 X Staff Review of(Task 5.6 A) Product
35 (Task 5.6 B) Return of Staff Comments to Consultant.
Prepare Construction Documents (90% Complete)
36 (Task 5.6 B) Prepare Construction Documents (90%
Complete)
37 (Task 5.6 B) Prepare Construction Documents (90%
Complete)
38 , (Task 5.6 B) Submit Construction Documents (90oA
Complete)
39 X StaffReview of(Task 5.6 B) Product
40 X StaffReview of (Task 5.6 B) Product
41 X Staff Review of(Task 5.6 B) Product
42 (Task 5.6 C) Return of Staff Comments to Consultant.
Prepare Construction Documents (100% Complete)
43 (Task 5.6 C) Prepare Construction Documents (100%
Complete)
44 (Task 5.6 C) Prepare Construction Documents (100%
Complete)
45 X (Task 5.6 C) Submit Construction Documents (100%
Complete)
46 X StaffReview of(Task 5.6 C) Product
47 X StaffReview of(Task 5.6 C) Product
48 (Task 5.7) Return of Staff Comments to Consultant.
Construction Document Mylars Submit.
_ 49 X X (Task 5.7) Construction Document Mylars Submitted
50 (Task 5.7) Construction Document Mylars Signed by
City.
51 (Task 5.7) Construction Document Prints made.
52 X (Task 5.8) Commencement of Construction
Administration Phase. Task to continue through
construction.
* * X (Task 5.8) Preparation of As-Builts.
~ge. :currence is dependent on agenda and meeting availabiliiy. Delays in heafin
scheduling will extend processing weeks described above.
** Complete As-Builts within 30 days of substantial conformance. Date complete will vary based on the construction schedule.
3ptyagmt City of Chula Vista/Van Dyke/Otay Project
October 22, 2002
/~ _~7 Page 32
COUNCIL AGENDA STATEMENT
Item (2Q~
Meeting Date 10/22/02
ITEM TITLE: A. Resolution of the City Council of the City
of Chula Vista, California, Adopting an Annexation Map
Showing Territory Proposed to be Annexed to
hnprovement Area "A" of Community Facilities District
No. 97-2 (Preserve Maintenance District)
B. Resolution of the City Council of the City
of ChulaVista, California, Declaring its Intention to
Authorize the Annexation of Territory to Improvement
Area "A" of Community Facilities District No. 97-2
(Preserve Maintenance District)
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~ Oy (4/5ths Vote: Yes No X )
McMillin Otay Ranch and Otay Ranch Company have requested the City conduct
proceedings to consider the annexation of territory into Improvement Area A of the
formation of Conununity Facilities District No. 97-2 (Preserve Maintenance District)
(CFD 97-2). The conditions of approval of the tentative map for Village 6 McMillin Otay
Ranch and Village 60tay Ranch Company require that said annexation be completed
prior to issuance of the first production home building permit. CFD 97-2 was formed in
1998 and funds the maintenance of areas which have been conveyed to the preserve in
accordance with the Otay Ranch Resource Management Plan. The City has retained the
services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as
legal counsel to provide assistm~ce during the proceedings. Tonight's action will initiate
the formal proceedings to consider the annexation to CFD No. 97-2, Improvement Area
A.
RECOMMENDATION: That Council:
1. Approve the resolution Adopting an A~mexation Map Showing Territory
Proposed to be Annexed to Improvement Area "A" of Community Facilities
District No. 97-2 (Preserve Maintenance District).
Page 2, Item ~)
Meeting Date 10/22/02
2. Approve the resolution Declaring its intention to Authorize the Annexation of
Territory to Improvement Area "A" of Community Facilities District No. 97-2
(Preserve Maintenance District).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In July 1998, Council formed Community Facilities District No. 97-2 (Preserve
Maintenance District). CFD 97-2 is divided into two Improvement Areas, Improvement
Area A and Improvement Area B. Improvement Area A funds the costs of the Resource
Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area
B only funds the Resource Monitoring Program.
As projects develop within CFD 97-2 it is necessary to annex the projects from
Improvement Area B into Improvement Area A
Area of Benefit
The proposed boundaries of CFD No. 97-2, Improvement Area A, Annexation No. 2
encompass parcels located within the Village 6 owned by McMillin Otay Ranch LLC and
Otay Ranch Company. McMillin Otay Ranch is proposed to contain approximately 482
single-family detached homes, 212 multi-family units, a private high school on
approximately 38 acres and a church on approximately 13.2 acres of Community Purpose
Facility ("CPF") property. Otay Ranch Company Village 6 is proposed to include 313
single-family detached residences, 1,079 multifamily units, 2.9 acres of commercial
property, and 5.2 acres of CPF property. Staff has reviewed the proposed annexation
boundary map and has found it acceptable and ready for approval by Council. A reduced
copy of the map is presented in Exhibit "B".
Proposed Special Tax
CFD 97-2 has four proposed categories of taxation, as ibllows:
· Developed Parcels (Single Family and Multi-Family Residences) are taxed based
on the square footage of the structure. Commercial Parcels are taxed on the
acreage of the parcel.
· The Final Mapped properties which include all single family residential parcels
for which a building permit has not been issued are taxed on acreage of the parcel.
· Property not categorized as Developed or Final Mapped Property is taxed on
acreage of the parcel.
J:\ENGINEER~AGENDA\CAS ROI 97 2 Annexation doc
Page 3, Item ~
Meeting Date 10/22/02
· The Exempt Category includes all publicly owned parcels and Homeowner's
Association parcels.
Developed Parcels are those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the RMA was determined at the time of formation
of CFD 9%2 in 1998.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special
Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes
will first be levied on the Residential Developed Parcels. If this pool of funds is not
enough to fund the Special Tax Liability, as may be the case in the early years of
development, the district will levy the special tax on the vacant land starting with Final
Mapped Property. The buffer of having the vacant land coveting any portion of the
Special Tax Liability not funded from special taxes levied on Residential Developed
Parcels will disappear once the area has been fully developed. If the Special Tax Liability
for any fiscal year is less than the maximum special tax authorized to be levied on the
Developed Parcels, the actual rate of the special taxes to be levied in that specific year
will be reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RMA) of Special Taxes": (See Exhibit "A" for full description of RMA)
· The Maximum Special Tax Rates increases each year by the lesser of the annual
percentage change in the Consumer Ptice Index or the annual percentage change
in the estimated California Fourth Quarter Per Capita Personal Income contained
in the Governor's budget published in January.
· The RMA provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of this operating reserve fund.
· The maximum special tax rates are based on the original RMA. If the actual
square footage of development meets or exceeds the projections on which the
special tax rates were based, the actual special tax rate necessary to be levied
annually to fund the Special Tax Liability may be less than the authorized
maximum special tax.
Proposed Maximum Special Taxes
The proposed maximum and actual special tax rates for fiscal year 2003/04 for the two
Improvement Areas of CFD 97-2 are as follows:
J:,ENGINEER/AGENDA\CAS ROI 07-2 Annexalion doc ~ ~ f~
Page 4, Item ~
Meeting Date 10/22/02
Improvement Area "B" Monitoring (currently)
Special Tax Category Maximum FY 2002/03 Actual
Special Tax Special Tax
Residential (per square foot) $0.0054 $0.00
Non-Residential (per acre) $87.31 $0.00
Final Map Property (per acre) $87.31 $0.00
Undeveloped Property (per acre) $56.35 $0.00
Improvement Area "A" Operations, Maintenance and Monitoring (after annexation)
Special Tax Category Maximum FY 2002/03 Actual
Special Tax Special Tax
Residential (per square foot) $0.014 $0.0009
Non-Residential (per acre) $225.93 $15.26
Final Map Property (per acre) $225.93 $0.00
Undeveloped Property (per acre) $145.81 $0.00
Resolutions
There are two resolutions on today's agenda, which, if adopted, will accomplish the
Following:
The RESOLUTION ADOPTING AN ANNEXATION MAP Showing Territory
Proposed to be Annexed to Improvement Area "A" of Community Facilities District No.
97-2 (Preserve Maintenance District).
The RESOLUTION DECLARING ITS INTENTION TO AUTHORIZE the Annexation
of Territory to Improvement Area "A" of Community Facilities District No. 97-2
(Preserve Maintenance District).
Future Actions
The public hearing and consideration of the adoption of a resolution annexing territory to
CFD No. 97-2, and submitting the authorization for the levy of special taxes to the
qualified electors are scheduled fbr the City Council meeting of November 12, 2002 at
6:00 P.M.
J:\ENGINEER\AGENDA\CAS ROI 9?-2 A,mexa6on.doc ~0
Page 5, Item ~E)
Meeting Date 10/22/02
FISCAL IMPACT
All costs of annexation to the district are being borne by the developers and the on-going
administration will be funded entirely by the district. The City will receive the benefit of
full cost recovering for staff cost involved in District formation and district
administration in perpetuity.
Exhibits: "A" Rate and Method of Apportionment
"B" Boundary Map
J:\ENGINEER~AGENDA\CAS ROI 97-2 Annexation doc
Resolution 19110
Page 5
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
ANNUAL
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista
(the "DisfFict"), and collected according tD the Special Tax Liability determined by the
City of Chula Vista (the "City") through the application of the following procedures. All
Df the property within the District, unless o!t~erwise exempted by law or the express
provisions of the rate and method of appodionment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parcels within the District are included within either Improvement Area A or
Improvement Area B. A map of the Improvement areas is included as Exhibit B.
All Special Taxes applicable to Parcels be collected in the same manner and at the
same time as ordinary ad valorem property taxes, and Special Taxes so levied will be
subject to the same penalties and procedures, sale and lien priority in case of
delinquency es is provided far ad valorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of San Diego, or if the area of such Parcel is not shown on
such Assessor's maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey or other recorded document creating or describing the
Parcel. If the preceding maps are not available, the area shall be determined by the
City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City
in carrying out its duties with respect to the District (including, but not limited to, the
levy and collection of the special taxes) including the fees and expenses of its counsel,
any fees of the County related to the District or the collection of special taxes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, and all other costs and
expenses of the City related to the District.
Building Square Foot or Square Footage means the square footage as shown on a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
Resolution 1 9i 1 0
Page 6
Developed Parcel means Taxable Property for which a foundation building permit ar
other form of building permit has been issued as of triarch 1 of the preceding Fiscal
Year.
District means the Preserve Maintenance District Community Facilities District
No. 97-2 of the City of Chula Vista.
Final I~ap means a recorded Tract Map or Parcel Map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Improvement Area means one of the two specific areas as shown in Exhibit B.
Ma×imum Special Tax means the maximum special tax that can be levied within each
Improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each
Parcel of Taxable Property.
Non-Residential Parcels shall include each Parcel within the District which is zoned
for other than Residential Uses by the City.
Non-Residential Uses shall include all Developed Parcels which are not zoned for
Residential Uses including commercial, industrial, and Community Public Facilities
(CPF).
Operating Fund means a fund that shall be maintained for each Improvement Area
within the District for any Fiscal Year te pay for Resource Monitoring and/or Preserve
Operations and Maintenance activities and Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund for each
Improvement Area at the end of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for each
Improvement Area equal to the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes are levied.
Parcel means any San Diego County Assessor's Parcel or podion thereof that is within
the bbundaries of the District designated on a map of the San Diego County Assessor
and which has been assigned a discrete identifying number on the equalized tax rolls
of the County.
Preserve Operations and Maintenance means those activities defined in Part II A. of
the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of
the City of Chula Vista.
20-.7
Resolution 19110
Page 7
Preserve Operations and Maintenance Fund Requirement means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus a pro-rata share of the budgeted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City.
Residential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shall be maintained for each Improvement Area to
provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover monitoring, maintenance and repair cost overruns and delinquencies that may
arise in connection with the collection of Special Taxes and e reasonable buffer against
large variations in annual special tax amounts.
Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an ;~mount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Part II B. of the
Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted
costs of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's '1:air share" shall be based upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Monitoring Program funding
· mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the District equal to: (i) the Resource Monitoring Fund
Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
Resolution 19110
Page 8
Tax Categories are those Categories 1, Il and III described in the body hereof.
Taxable Property is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined herein.
Cateoories of Special Taxe,~
Category I
Category 1 includes each Developed Parcel within the District. (Category I)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Developed Parcel
shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shall be increased or
decreased each Fiscal Year thereafter by a factor which is the lesser of the annual
percentage change in the January to January San Diego Metropolitan Area Air Urban
Consumer Price Index (All Items) or the annual percentage change in the estimated
California Fourth Quarter Per Capita Personal Income as contained in the Governor's
budget published every January.
I TABLE 1
Maximum Special Tax
Category I
Resource Operation &
Monitoring Maintenance
Residential Parcels SD.Dg49 per sq. ft. SO.DO?8 per sq. ft.
Non-Residential Parcels I $89.96 per Acre $128.53 per Acre
Category I1
Category II includes each Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category II).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Cat~gory II
shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of
an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal
Year thereafter by a factor which is the lesser of the annual percentage change in the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (All
Items) or the annual percentage change in the estimated California Fourth Quarter Per
Resolution 19110
Page 9
Capita Personal Income as contained in the Governor:s budget published every
January.
TABLE 2
Maximum Special Tax
Category II
Resource Operation &
Monitoring Maintenance
$80.96 per Acre I $128.53 per Acre
Category II1
Category III includes each Parcel of Taxable Property within the District not subject to a
Special Tax under any other category ("Category Ill").
The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rata for any portion of an Acre). 'Said Maximum Special Tax shall be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of
the annual percentage change in the January to January San Diego Metropolitan Area
All Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Four[h Quarter Per Capita Personal income as contained in the
Governors budget published every January.
TABLE 3
Maximum Special Tax
Category III
Resource Operation &
Monitoring Maintenance
$51.21 per Acre $81.30 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanned
utility easements which make utilization for other than the purpose set for[h in the
easement impractical, common areas, private streets and parks, and open space lots
("Exempt Category").
Assic]nment to Catec~ories of Special Tax
On or about July 1 of each year, (but in any event in sufficient time to include the levy
of the Special Taxes on the County's secured tax roll), the City shall assign each Parcel
within the District to. Category I, Category Il, Category Ill or the Exempt Category.
Resolution 19110
Page 10
Parcels subject to levy shall be determined based upon the records of the San Diego
County Assessor.
L__ew and Apportionment of Special Taxes
The City shall determine the Special Tax Liability for each Improvement Area in each
Fiscal Year on or about every July' 1. Special Taxes shall then be levied on each
Parcel classified as the Category I, Category Il, or Category I11 in the following order of
priority:
Improvement Area A
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels
and adding to that the maximum revenue which could be generated by
multiplying the total acres for Parcels classified as Non£Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, reduce the Special Tax for each
Parcel propontionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category II. The Special Tax for Parcels
assigned to Category II shall be calculated as the lessor of:
(il The Special Tax Liability for Improvement Area A as 'determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category II
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each
Parcel within Improvement Area A classified as Category III. The Special Tax .
for Parcels assigned to Cat6'gory III shall be calculated as the lessor of:
--- -- Resolution 19110
Page 11
(i) The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for ali Parcels under Step I and 3
above, divided by the total Acres for ali Parcels within Improvement Area A
assigned to Category II1,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category Ill and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcels in Category Ill from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the'procedure set forth in the
preceding paragraph.
Improvement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parcels. assigned to Category I11 by the Maximum Special Tax for Category III.
Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax
Liability for Improvement Area B, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the
Special Tax Liability for Improvement Area B for the Fiscal Year.
However, in the event it is determined that the Special Tax Liability for Improvement
Area B includes delinquent Special Taxes from Parcels in Catbgory III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
]]] Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category II1 according to the procedure set forth in the
Step 1 and Step 2 above.
RESOLUTION NO.
RESOLUq ION OF THE CITY COUNCIL OF TI-IE CITY
OF CHULA VISTA, CALIFORNIA, DECLARING ITS
INTENTION TO AUTHORIZE THE ANNEXATION OF
TERRITORY TO IMPROVEMENT AREA "A" OF
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
(ANNEXATION NO. 2)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City
Council"), fommd a Community Facilities District and certain improvement areas therein pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part l,
Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula
Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula
Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance")
(the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were designated as
IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of such District ("Improvement Area 'A'"
and "Improvement Area 'B'", respectively); and,
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance, operation and management of public property required to be maintained as open space or
habitat preservation or both; and
WHEREAS, Improvement Area "A" was established to finance Preserve Operations and
Maintenance plus a pro-rata share of Administrative Expenses of the District as such terms are defined in the
rate and method of apportionment of special taxes (the "Special Tax Formula") attached as Exhibit A hereto
and incorporated herein by this reference; and
WHEREAS, Improvement Area "B" was established to finance a proportionate share of the
Resource Monitoring Program (as defined in the Special Tax Formula) plus a pro rata share of
Administrative Expenses of the District; and
WHEREAS, the properties that were included within Improvement Area "B" were those
properties within the District for which no final tract map or parcel map had been recorded; and
WHEREAS, final tract maps are being processed for certain territory located within
Improvement Area "B" of the District and such territory must consequently be annexed to Improvement
Area "A"; and
WHEREAS, the territory proposed to be annexed to Improvement Area "A" shall be known
and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO. 2 (the "Territory").
WHEREAS, this legislative body is now desires to proceed to adopt its Resolution of
Intention to annex the Territory to Improvement Area "A", to describe the territory included within
Improvement Area "A" and the Territory proposed to be annexed thereto, to specify the services to be
financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special
taxes that would be levied within the Territory to finance such services, and to set a time and place for a
public hearing relating to the annexation of the Territory to the Improvement Area; and,
WHEREAS, a map showing the Territory proposed to be annexed has been submitted, which
map has been previously approved and a copy of the map shall be kept on file with the transcript of these
proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all tree and correct.
LEGAL AUTHORITY
SECTION 2. These proceedings for annexation are initiated by this City Council pursuant to
the authorization of the Community Facilities District Law.
INTENTION TO ANNEX; DESCRIPTION OF TERRITORY
SECTION 3. This legislative body hereby determines that the public convenience and
necessity requires that the Territory be added to improvement Area "A" and this City Council declares its
intention to annex the Territory to Improvement Area "A".
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to hnprovement Area "A", as such
property is shown on a map as previously approved by this legislative body,
such map designated by the number o£the annexation and the name of the
existing District, a copy of which is on file in the Office of the City Clerk and
shall remain open for public inspection.
A general description of the territory included in the District is hereinafter described as follows:
All that property and territory as originally included within and previously
annexed to the District, as such property is shown on maps of the original
District and territory previously annexed as approved by this City Council
2
and designated by the name of the original District and such annexation. A
copy of such maps are on file in the Office of the City Clerk and have also
been filed in the Office of the County Recorder.
NAME
SECT1ON 4. The proposed annexation shall be kno~vn and designated as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA
"A," ANNEXATION NO. 2.
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION 5. The services that are authorized to be financed by the District from the
proceeds of special taxes levied within Improvement Area "A" are certain services which are in addition to
those provided in or required for the territory within Improvement Area "A" and will not be replacing
services already available. A general description of such services to be financed by the District is as follows:
The monitoring, maintenance, operation and management of public property
in which the City has a property interest and which conforms to the
requirements of the Ordinance or private property within the Otay Ranch
Preserve which is required by the Preserve Owner/Manager to be maintained
as open space or for habitat maintenance or both. Such property may be
located outside the boundaries of the District and outside the jurisdictional
boundaries of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property owned,
maintained, operated and/or managed by the federal and/or state government
as open space, habitat maintenance and/or for any other purpose.
The District shall finance all direct, adtninistrative and incidental annual costs and expenses
necessary to provide such monitoring, maintenance, operation and management of such public property.
The same types of services which are authorized to be financed by the District from the
proceeds of special taxes levied within Improvement Area "A" are the types of services to be provided in the
Territory. If and to the extent possible such services shall be provided in common within the District and the
Territory.
SPECIAL TAXES
SECTION 6. It is the further intention of this City Council body that, except where funds
are otherwise available, a special tax sufficient to pay for such services and related incidental expenses
authorized by the Community Facilities District Law, secured by recordation ora continuing lien against all
non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory.
For t~rther particulars as to the rate and method of apportionment of the proposed special tax, reference is
made to the attached and incorporated Attachment A (the "Special Tax Formula"), which sets forth in
3
sufficient detail the method of apportionment to allow each landowner or resident within the proposed
Territory to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax
levied to pay for the same services in Improvement Area "A," except that a higher or lower special tax may
be levied within the Territory to the extent that the actual cost of providing the services in the Territory is
higher or lower than the cost of providing those services in Improvement Area "A." Notwithstanding the
foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax
authorized to be levied pursuant to the Special Tax Formula.
The special taxes herein authorized, to the extent possible, shall be collected in the same
mam~er as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien
priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be
collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer.
The maximum special tax rate in Improvement Area "A" shall not be increased as a result of
the annexation of the Territory to hnprovement Area "A."
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON NOVEMBER 12, 2002, AT THE HOUR OF
6:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEiNG
THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC
HEARING WILL BE HELD WHERE THiS LEGISLATIVE BODY WILL CONSIDER THE
AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO IMPROVEMENT AREA "A,"
THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED
WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH iN THIS RESOLUTION
OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS
FOR OR AGA1NST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL
TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAiNST THE PROPOSED ANNEXATION
OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER
PROPOSALS CONTAiNED IN THiS RESOLUTION MAY BE MADE ORALLY BY ANY
iNTERESTED PERSON. ANY PROTESTS PERTAiNiNG TO THE REGULARITY OR SUFFICIENCY
OF THE PROCEEDiNGS SHALL BE IN WRITiNG AND SHALL CLEARLY SET FORTH THE
IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS
SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC
HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE
CONCLUSION OF THE PUBLIC HEARING.
4
MAJORITY PROTEST
SECTION 8. If (a) 50% or more of the registered voters, or six (6) registered voters,
whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered
voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in
the territory included in the District, or (d) owners of one-half or more of the area of land in the territory
included in the Territory, file written protests against the proposed annexation of the Territory to the District
in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no
further proceedings shall be undertaken for a period of one year from the date of the decision by the City
Council on the issued discussed at the public hearing.
ELECTION
SECTION 9. Upon the conclusion of the public hearing, if the legislative body determines to
proceed with the annexation, a proposition shall be submitted to the qualified electors of the proposed
annexed area. The vote shall be by registered voters within the proposed annexed area; however, if there are
less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre
or portion thereof within the annexed territory.
NOTICE
SECTION 10. Notice of the time and place of the public hear/ng shall be given by the City
Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to
Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to
the date set for the public hearing.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
5
Page 5
EXHIBIT A
RATE AND METHOD OF APP~ORTIONM_EE.NT
ANNUAL TAX
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista
(the "District"), and collected according to the Special Tax Liability determined by the
City of Chuia Vista (the "City") through the application of the following procedures. All
of the property within the District, unless otherwise exempted by law or the express
provisions of the rate and method of apporti6~ment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parcels within the District are included within either Improvement Area A or
Improvement Area B. A map of the Improvement areas is included as Exhibit B.
All Special Taxes applicable to Parcels be coil~cted in the same manner and at the
same time es ordinary ad valorem property taxes, and Special Taxes so levied will be
subject to the same penalties and procedures, sale and lien priority in case of
delinquency as is provided for ad valorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of San Diego, or if the area of such Parcel is not shown on
such Assessor's maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey er other recorded document creating or describing the
Parcel. If the preceding maps are not available, the area shall be determined by the
City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City
in carrying out its duties with respect to the District (including, but not limited to, the
levy and collection of the special taxes) including the fees and expenses of its counsel,
any fees of the County related to the District or the collection of special taxes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, and all other costs and
expenses of the City related to the District.
Building Square Foot or Square Footage means the square footage as shown on a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
Resolution 19110
Page 6
Developed Parcel means Taxable Property for which ~ foundation building permit or
other form of building permit has been issued es of March 1 of the preceding Fiscal
Year.
District means the Preserve Maintenance District Community Facilities District
No. 9%2 of the City of Chula Vista.
Final Map means a recorded Tract Map or Parcel Map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Improvement Area means one of the two specific areas as shown in Exhibit B.
Maximum Special Tax means the maximum special tax that can be levied within each
improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each
Parcel of Taxable Property.
Non-Residential Parcels shali include each Parcet within the District which is zoned
for other than Residential Uses by the City.
Non-Residential Uses shall include all Developed Parcels which are not zoned for
Residential Uses including commercial industrial, and Community Public Facilities
(CPF).
Operating Fund means a fund that shall be maintained for each Improvement Area
within the District for any Fiscal Year to pay for Resource Monitoring and/or Preserve
Operations and Maintenance activities and Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund for each
Improvement Area at the end of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for each
Improvement Area equal to the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes are levied.
Parcel means any San Diego County Assessor's Parcel or portion thereof that is within
the bbundaries of the District designated on a map of the San Diego County Assessor
and which has been assigned a discrete identifying number on the equalized tax rolls
of the County.
Preserve Operations and Maintenance means those activities defined in Part II A. of
the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of
the City of Chula Vista.
Resolution 19110
Page 7
Preserve Operations and Maintenance Fund Requirement means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus a pro-rata share of the budgeted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City.
Residential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shall be maintained for each Improvement Area to
provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover monitoring, maintenance and repair cost overruns and delinquencies that may
arise in connection with the collection of Special Taxes and a reasonable buffer against
targe variations in annual special tax amounts.
Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an ~mount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Par-[ II B. of the
Special Tax Repod dated July 1, 1998 for Community Facilities District No. 97-2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budoeted
costs of the Resource Monitoring Program plus a pro rata share of the bud,~eted
Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's '¥air share" shall be based upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Monitoring Program funding
' mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the District equal to: (i) the Resource Monitoring Fund
Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
Resolution 191 10
Page 8
Tax Categories are those Categories I, I] and 111 described in the body hereof.
Ta×able Properly is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined herein.
Catec~ories of Special Taxes
Category I
Category I includes each Developed Parcel within the District. (Category I)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998199 on each Developed Parcel
shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shall be increased or
decreased each Fiscal Year thereafter by a factor which is the lesser of the annual
percentage change in the January to January San Diego Metropolitan Area All Urban
Consumer Price Index (All Items) or the annual percentage change in the estimated
California Fourth Quarter Per Capita Personal Income es contained in the Governor's
budget published every January.
TABLE 1
Maximum Special Tax
Category I
Resource Operation &
Monitoring Maintenance
Residential Parcels $0.0049 per sq. ft. I $0.0078 per sq. ft.
Non-Residential Parcels $80.96 per Acre t $128.53 per Acre
Category II
Category II includes each Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category II).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Cat~gory II
shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of
an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal
Year thereafter by a factor which is the lesser of the annual percentage change in the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (All
Items) or the annual percentage change in the estimated California Fourth Quader Per
Resolution 19110
Page 9
Capita Personal Income as contained in the Governor's budget published every
January.
TABLE 2
Maximum Special Tax
Category il
Resource Operation &
Monitoring Maintenance
$80.96 per Acre I 5;128.53 per Acre
Category 111
Category III includes each Parcel of Taxable Property within the District not subject to a
Special Tax under any other category ("Category Ill").
The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rata for any portion of an Acre).-Said Maximum Special Tax shall be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of
the annual percentage change in the January to January San Diego Metropolitan Area
All Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Governor's budget published every January.
TABLE 3
Maximum Special Tax
Category 111
Resource Operation &
Monitoring Maintenance
$51.21 per Acre $81.30 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanned
utility easements which make utilization for other than the purpose set forth in the
easement impractical, common areas, private streets and parks, and open space lots
("Exempt Category").
Assk]nment to Cateoories of Special Tax
On or about July 1 of each year, (but in any event in sufficient time to include the levy
of the Special Taxes on the County's secured tax roll), the City shall assign each Parcel
within the District to. Category I, Category II, Category III or the Exempt Category.
Resolution 19110 -'
Page 10
Parcels subject to levy shall be determin&d based upon the records of the San Dieoo
County Assessor. ~
_Low and Apoortionment of Soecial Taxe~
The City shall determine the Special Tax Liability for each Improvement Area in each
Fiscal Year on or about every July'l. Special Taxes shall then be levied on each
Parcel classified as the Category l, Category II, or Category III in the following order of
priority:
Improvement Area A
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels
and adding to that the maximum revenue which could be generated by
multiplying the total acres for Parcels classified as Non-Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance·
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, reduce the Special Tax for each
Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year·
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category I1. The Special Tax for Parcels
assigned to Category II shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area A as 'determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category Il,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category II
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each
Parcel within Improvement Area A classified as Category III. The Special Tax
for Parcels assigned to Category III shall be calculated as the lessor of:
Resolution 19110
Page 11
(i) The Special Tax Liability for Improvement Area A as determined by the
City, less the Iota[ revenue generated for ali Parcels under Step I and 3
above, divided by the total Acres for all Parcels within Improvement Area A
assigned to Category I1[,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcels in Category I11 from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forlh in the
preceding paragraph.
Improvement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parcels. assigned to Category III by the Maximum Special Tax for Category
Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax
Liability for Improvement Area B, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the
Special Tax Liability for Improvement Area B for the Fiscal Year.
However, in the event it is determined that the Special Tax Liability for Improvement
Area B includes delinquent Special Taxes from Parcels in Cat~gory III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owihad by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
Step 1 and Step 2 above.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING AN ANNEXATION
MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED TO IMPROVEMENT AREA "A" OF
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
(ANNEXATION NO. 2)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), formed a Community Facilities District and certain
improvement areas therein pursuant to the ternqs and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of Calilbmia (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chun Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of
snch District ("Improvement Area 'A'" and "Improvement Area 'B'", respectively); and,
WHEREAS, the City Council desires to initiate proceedings to annex certain
property currently located within Improvement Area" B" of the District to Improvement Area
"A" thereof; and
WHEREAS, there has been submitted a map entitled "Annexation Map No. 2 To
Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A",
City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map")
showing the territory proposed to be annexed to Improvement Area "A" of the District (the
"Territory").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION l. The above recitals are all true and correct.
SECT1ON 2. The Annexation Map showing the Territory proposed to be
annexed to Improvement Area "A" of the District and to be subject to the levy of a special tax is
hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one
(1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within
ill'teen (15) days after the adoption of the Resolution fixing the time and place of the hearing on
the intention to annex or extent of the annexation to improvement Area "A" of the District, a
1
copy of such map shall be filed with the correct and proper endorsements thereon with the
County Recorder, all in the manner and t'onn provided for in Section 3111 of the Streets and
Highways Code of the State of California.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
,I ',Attomcy/RESO',Res Approve Annex Map - Annex No 2 1022-02.doc
2
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/2002
ITEM TITLE: Resolution Appropriating $210,000 from the available fund
balance of the General Fund to the Drainage Facilities Master Plan Project
(DR154), and appropriating $315,000 from the available fund balance of the
Trunk Sewer Reserve Fund to the Wastewater Master Plan (SW223).
Resolution Approving an agreement with PBS&J, for the
preparation of a Wastewater Master Plan and a Drainage Facilities Master Plan
for the City of Chula Vista and authorizing the Mayor to execute the agreement
on behalf of the City.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager i)¢/ (4/5ths Vote: Yes X No__)
The City's current Wastewater Master Plan was originally prepared by Engineering Science in 1989.
For drainage issues, the City to a large extent, relies on a document titled "A Special Study of Storm
Drain Facilities, A Supplement to the Chula Vista General Plan", prepared in 1964 by the engineering
firm of Lawrence, Fogg, Florer and Smith. Since then, the City has experienced a significant amount
of growth and has also adopted several land use changes. Based on these issues, it is now necessary as
part of the current General Plan update, which is already underway, to update the City's Wastewater
Master plan and Drainage Facilities Master Plan. This update will analyze the City's wastewater
collection and drainage systems to determine the infrastructures' ability to support the City for the next
20 years. The master plans will identify system deficiencies, recommend capital improvement projects
and develop financing plans to fund the needed infrastructure.
RECOMMENDATION: That Council approve:
1. Resolution appropriating $210,000 from the unappropriated balance of the General Fund, and
appropriating $3 i5,000 from the unappropriated balance of the Trunk Sewer Reserve Fund.
2. Resolution approving an agreement with PBS&J, for the provision of Consultant Services required
for the preparation of a Wastewater Master Plan and a Drainage Facilities Master Plan for the City
of Chula Vista, and authorizing the Mayor to execute the agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: None
Page 2, Item c~ [
Meeting Date 10/22/2002
DISCUSSION:
Background
Wastewater Master Plan (WWMP)
The City of Chula Vista currently operates and maintains a sanitary collection system that ranges in
size from 6 inches to 42 inches in diameter. It consists of the following seven major sewer basins: The
Sweetwater Sewer Basin, the "G" Street Sewer Basin, the Telegraph Canyon Sewer Basin, the Main
Street and Date/Faivre Sewer Basin, the Poggi Canyon Basin, the Bay Front Sewer Basin, the Salt
Creek Sewer Basin and the Wolf Canyon Basin.
Since the preparation of the current master plan in 1989, the City of Chula Vista has also adopted
several land use changes. In addition, there have also been technological advancements in flow
modeling software used to analyze sewer collection systems. Sewer studies based on these new
technologies incorporate GIS databases and are better able to analyze changes in land uses and
development projections. Since this update is being done in conjunction with the General Plan Update,
the analysis will be iterative because the Consultant will interface with and receive input from the
General Plan Update Team. Upon completion, the plan will more accurately reflect the City's long-
term goals and objectives.
Drainage Facilities Master Plan (DFMP)
The storm drain system, based on the current inventory data, consists of a number of box culverts,
lined and natural channels, detention facilities, and approximately 312 miles of existing storm drain
mains (various sizes). To a large extent, the City of Chula Vista relies on a document titled "A
Special Study of Storm Drainage Facilities, A Supplement to the Chula Vista General Plan", prepared
in June 1964 by the engineering firm of Lawrence, Fogg, Florer and Smith generally referred to as the
"Fogg Report". The Fogg report is very specific about sub-basin improvements, including
reconnnendations as to locations and sizes of catch basins and minor collection pipes.
The Drainage Facilities Master Plan (DFMP) will provide an updated version of the Fogg report and
provide a comprehensive document and software package that will integrate the City's existing
drainage GIS data with the data obtained in preparation of the DFMP, and evaluate the conditions of
the existing storm drain system.
SCOPE OF WORK
WASTEWATER MASTER PLAN
The work involved in the preparation of the Wastewater Master plan will include the following:
Research and Data Collection, Flow Monitoring, Facilities Assessment, Capacity Evaluation, CIP
Development, Financial Analysis, Development and Evaluation of Sanitary Sewer System
Requirements and Standards, Emergency Response Requirements, Workshops and Council Briefing,
Report Preparation and Project Management.
Page 3, Item
Meeting Date 10/22/2002
DRAINAGE FACILITIES MASTER PLAN
The work involved in the preparation of the Drainage Facilities Master includes the following:
Research and Data Collection, Hydraulic Model Development, System Evaluation, NPDES Review
and Assessment, Capital Improvement Projects (CIP) Development, Financial Analysis, Report
Preparation, Project Management, Workshops and Council Briefing.
CONSULTANT SELECTION PROCESS
Staff prepared and issued a Request for Proposals (RFP) in May 2002, and on June 24, 2002, the City
received a total of nine (9) proposals from six (6) consultants The City's consultant selection
connnittee reviewed the proposals and short-listed four of the firms to be interviewed. The four short-
listed firms; Rick Engineering, RBF Consulting, MWH and PBS&J were subsequently interviewed this
past July.
Upon the conclusion of the consultant interviews, and deliberations by the consultant selection
committee, the committee reached a decision on the ranking of the consultants as shown on the table
below.
Consultant Wastewater Master Drainage Facilities Consultant Ranking
Plan Master Plan
PBS&J $411,900 $293,200 First Negotiation Preference
Rick Engineering $337,100 $199,250 Second Negotiation Preference
RBF Consulting $318,875 Not Ranked
MWH $277,395 to $312,642 Not Ranked
The ranking was based on an evaluation criteria that included the following; the consultant's
experience, the capacity to perform the work, the quality of the project team, the grasp of the project
requirements, responsiveness to the scope of work, the quality and clarity of the proposal, familiarity
with the local area and the cost proposal.
Based on the above criteria, and interview performance, the selection committee ranked the firms for
the provision of consultant services required for the Wastewater Master Plan and the Drainage
Facilities Master Plan.
The City has a very ambitious schedule for the completion of the Master Plans. The Wastewater
Master Plan is currently scheduled to completed by the first quarter of 2003 and the Drainage
Facilities Master Plan is scheduled to be completed by the summer of 2003.
Although the cost proposal from PBS&J appears to be higher than some of the other consulting firms,
the selection committee determined that there were significant differences in the underlying
assumptions that made up the cost proposals. The proposal from PBS&J provided for workshops that
allow for all interested parties (developers, property owners, Council, City Staff, property owners etc.)
to have input into the process. They had also used the City's GIS data on a variety of projects and
through which they gained a high level of understanding of the amount of effort that would be required
Page 4, Item c~Q I
Meeting Date 10/22/2002
to incorporate that data in flow analysis and other defined uses. Their hourly rates were comparable to
the other firms, and the difference was evident in the amount of effort required to accomplish the tasks
defined in the Scope of Work for both projects. It should be noted that the Selection Committee had
thoroughly reviewed all of the proposals and determined that PBS&J had a better understanding of the
Scope of Work anticipated by the City than the other consultants. Therefore, PBS&J's fee proposals
were justified.
The terms of this contract are on an hourly rate with a not-to-exceed limit. It is the selection
committee's belief that any one of these firms will spend approximately the same number of base hours
to complete this project. Therefore, based on their knowledge of the area, their grasp of the issues in
conjunction with the fee proposal, it was the selection committee's opinion that despite the difference
in the fee proposals, that PBS&J was still the first negotiation preference.
FISCAL IMPACT: The Drainage Facilities Master Plan and the Wastewater Master Plan were
originally budgeted in the FY 2001/2002 budget process. At that time the Staff could not adequately
determine the appropriate cost of the project for a variety of reasons, one of which was unfamiliarity
with the extent of the City's GIS system and lack of an accurate database to properly quantify the
amount of effort that would be required. The Wastewater Master Plan was initially funded with
$150,000 from the Trunk Sewer Capital Reserve Fund. Approval of staff recommendations will
authorize the appropriation of additional funds in the amount of $315,000 from the Trunk Sewer
Capital Reserve Funds to the project account. The Storm Drain Fund reserves are limited and already
planned for other programs. Therefore, it is recommended that this one time fee come from the
General Fund. Furthermore, it will authorize the expenditure of these funds in the preparation of the
Wastewater Master Plan.
The Drainage Facilities Master plan was initially budgeted with Storm Drain Funds in the amount of
$150,000. Approval of Staff's recommendations will authorize the appropriation of additional funds in
the amount of $210,000 from the General Fund to the project account. This funding source is being
utilized because there are no available Storm Drain Funds that could be utilized to make up the deficit.
All available Storm Drain Funds have already been committed to either existing capital improvement
projects or NPDES enforcement issues. Therefore, approval of Staff's recommendation will authorize
the expenditure of the appropriated funds in the preparation cf the Drainage Facilities Master Plan.
File:0735-10-SW223/DRI54 (Rev.October 16, 2002 (4:41PM))
J:\Engineer\aGENDA\Wastewater-Drainage MP-PBSJ-A113 2002.ac.doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $210,000 FROM THE
AVAILABLE FUND BALANCE OF THE GENERAL FUND TO
THE DRAINAGE FACILITIES MASTER PLAN PROJECT (DR
154), AND APPROPRIATING $315,000 FROM THE
AVAILABLE FUND BALANCE OF THE TRUNK SEWER
RESERVE FUND TO THE WASTEWATER MASTER PLAN
(SW223)
WHEREAS, the Drainage Facilities Master Plan and the Wastewater Master Plan were
originally budgeted in the FY 2001/2002 budget process, however, at that time staff could not
adequately determine the appropriate cost of the project for a variety of reasons, one of which
was unfamiliarity with the extent of the City's GIS system and lack of an accurate database to
properly quantify the amount of effort that would be required; and
WHEREAS, the Wastewater Master Plan was initially funded with $150,000 from the
Trank Sewer Capital Reserve Fund and approval of staff recommendations will authorize the
appropriation of additional funds in the amount of $315,000 from the Trunk Sewer Capital
Rcserve Funds to the project account; and
WHEREAS, it will authorize the expenditure of these funds in the preparation of the
Wastewater Master Plan; and
WHEREAS, the Drainage Facilities Master plan was initially budgeted with Storm Drain
Funds in the amount of $150,000; and
WHEREAS, approval of stafffs recommendations will authorize the appropriation of
additional funds in the amount of $210,000 from the General Fund to the project account; and
WHEREAS, it will authorize the expenditure of these funds in the preparation of the
Drainage Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of. the City of Chula Vista
does hereby appropriate $210,000 from the available fund balance of the General Fund to the
Drainage Facilities Master Plan Project (DR154), and appropriate $315,000 from the available
fund balance of the Trunk Sewer Reserve Fund to the Wastewater Master Plan.
Presented by Approved as to form by
John P. Lippitt jSh~lg4.0'f~heny (../
Director of Public Works City Attorney
J: altomey\rcso\appropnation master plan
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
PBS&J FOR THE PREPARATION OF A WASTEWATER
MASTER PLAN AND A DRAINAGE FACILITIES MASTER
PLAN FOR THE CITY OF CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the City's current Wastewater Master Plan was originally prepared by
Engineering Science in 1989; and
WHEREAS, to a large extent, the City relies on a document titled "A Special Study of
Stom~ Drain Facilities, A Supplement to the Chula Vista General Plan", prepared in 1964 by the
engineering fim~ of Lawrence. Fogg, Florer and Smith; and
WHEREAS, since then. the City has experienced a significant amount of ~owth and has
also adopted several land use changes and based on these issues, it is now necessary as part of
the cra-rent General Plan update, which is already underway, to update the City's Wastewater
Master plan and Drainage Facilities Master Plan; and
WHEREAS, this update will analyze the City's wastewater collection and drainage
systems to determine the infrastructures' ability to support the City for the next 20 years and the
master plans will identify system deficiencies, recommend capital improvement projects and
develop financing plans to fund the needed infrastructure; and
WHEREAS, staff prepared and issued a Request for Proposals (RFP) in May 2002, and
on Iune 24, 2002, the City received a total of nine (9) proposals from six (6) consultants; and
WHEREAS, the City's consultant selection conmfittee reviewed the proposals and short-
interviewed th.'e following fora' firms: Rick Engineering, RBF Consulting, MWH and PBS&J
werc subsequently interviewed this past July.
WHEREAS, upon the conclusion of the consultant interviews, and deliberations by the
consultant selection committee, the committee selected PBS&S based on experience, capacity to
perform the work, quality of the project team, grasp of the project requirements, responsiveness
to the scope of work, quality and clarity of the proposal, familiarity with the local area and the
cost proposal.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve an Agreement with PBS&J, for the preparation of a Wastewater Master
Plan and a Drainage Facilities Master Plan for the City of Chula Vista, a copy of which shall be
kept on file in the office of the City Clerk.
BE 1T FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt Jolfi~qk~. l?-,'fihe'ny ~/
Director of Public Works City Attorney
J:\Attomey~RESO\PBS&J Wastewater
g/ 7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
t~i M. Kaheny ~7
City Attorney
Dated: ,/~ ?/~ - dP >
AGREEMENT WI~HPBS&J FOR PREPARATION
OF A WASTEWATER MASTER PLAN AND A
DRAINAGE FACILITES MASTER PLAN
Agreement between
City of Chula Vista
And
PBS&J
For the Provision of a Wastewater Master Plan
And a Drainage Facilities Master Plan
This agreement ("Agreement"), dated 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 thc City of Chala Vista 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 PBS&J, whose business 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 City of Chula Vista, is currently in thc process of updating the various
components of the General Plan; two of which are the Wastewater Master Plan and the Drainage
Facilities Master Plan, and;
WHEREAS, the update of the Wastewater Master Plan is needed to identify and analyze
the City's current and furore needs for wastewater conveyance, treatment, and disposal, and;
WHEREAS, the update of the Drainage Facilities Master Plan is needed to identify and
analyze the City's current and furore needs for handling the drainage flow from existing
developments, and the potential flows from furore developments, and;
WHEREAS, on May 24, 2002, the City of Chula Vista's Engineering Division advertised
the Request for Proposal (RFP) to provide consultant services necessary to prepare these master
plans and;
WHEREAS, on June 24, 2002, the City of Chula Vista received Nine (9) proposals from Six
(6) consultants to provide consultant services for the preparation of these master plans, and;
WHEREAS, after the Selection Committee appointed by the City Manager completed their
review of the proposals and interviewed four (4) of the six (6) consultant firms that were short-listed,
the Committee selected PBS&J as the Consultant to provide services required for the preparation of
the Wastewater Master Plan and the Drainage Facilities Master Plan, and;
WHEREAS, the 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, THERFORE 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.
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
exemised by members of the profession currently practicing under similar Conditions and in similar
locations.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-2-
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 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 Reqnired.
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. 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
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
~3-
2t
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 thc 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 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
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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 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 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 ifa Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of thc essence in thc completion of this
Agreement. It is difficult to estimate the amount of damages resulting from 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 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
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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 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, which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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
7.1 Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City,
its agents, officers, or employees from and against all liability. 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 Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties trader Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agems or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability ar/sing from the negligence or willful misconduct of the City, its agents, officers
and employees.
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 righ£ t? 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, encors, 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
.l:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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 thc 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 thc Consultant's agents, employees or representatives arc, for all purposes under this
Agreement, an independent contractor and shall not bc 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 thc payment of same and shall hold
thc 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 Erst been presented in writing and filed with the City and acted upon by the City in
accordance with thc 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 thc
purpose of resolving any dispute over the terms of this Agreement.
J:\Enginecr\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-9-
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that thc 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 bc 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 thc preparation
of a report or docvment in performing thc Defined Services, Consultant shall include, or cause thc
inclusion of, in said report or documant, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to thc preparation of thc 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 retum 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 tmderstanding between the parties relating to the subject
J:\Engineer\AGENDA~Wastewater-Drainage MP PBSJ Agreement.ac.doc
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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 enfomement 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.
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Signature Page
To
Agreement Between
The City of Chula Vista and PBS&J
For the provision of a Wastewater Master Plan and a Drainage Facilities Master Plan for the
City Of Chula Vista.
IT 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: Dated:
City of Chula Vista PBS&J
By By: r~r.a~,~ ~r. ~
Shirley Horton, Mayor Paul E. Cooley, Vice Presidenl[
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Exhibit List to Agreement
(X) Exhibit A
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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Exhibit A
To
Agreement between
City of Chula Vista
And
PBS&J
1. Effective Date of Agreement:
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 o£ 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:
PBS&J
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
175 Calle Magdalena, Suite 101
Encinitas, CA 92024
Voice Phone (760) 753-1120
Fax Phone (760) 753-0730
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agree[nent.ac.doc
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-2.1
7. General Duties:
The general duties for the consultant are to provide a Wastewater Master Plan and a Drainage
Facilities Master Plan to the satisfaction of ~he City's Director of Public Works
All the engineering services shall be completed in accordance with this agreement as described
in Paragraph 8, Scope of Wurk and Schedule.
8. Scope of Work and Schedule:
8.1 Wastewater Master Plan
A. Research and Data Collection
Consultant shall gather and review all data required to develop accurate graphic and
non-graphic databases of the City's wastewater facilities to serve as a foundation for
a comprehensive, City-wide Wastewater Master Plan. Consultant shall, at a
minimum:
A. 1 Review all relevant studies, including 1989 Wastewater Master Plan, Sewer
Basin Plans, and recent City Subdivision Sewerage Master Plans.
A.2 Obtain and review City GIS database, including sewer basin, sewerage
system, land use, demographic, and political data coverage.
A.3 Obtain and review development and improvement plans for recent or planned
development areas for those areas included in the hydraulic model.
A.4 Coordinate with the City's General Plan Update Team to obtain information
regarding the possible development scenarios being evaluate~t in the General
Plan.
A.5 Obtain and review available historic flow metering records for use in Inflow
and Infiltration investigation and sewage generation characteristics such as
weekly and seasonal flow variations.
A.6 Review City's sanitary sewer system design criteria, policies, procedures and
fee structures.
Identify existing and pending regulations that impact wastewater collection in
the CiW of Chula Vista.
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B. Flow Monitoring
Consultant shall collect accurate wastewater flow records for use in development and
calibration ora hydraulic model of thc City's sewerage system· Consultant shall, at a
minimum:
Identify pr°~'°fied flow-monitoring locations based on study objectives
including Inflow and Infiltration (I&I) investigation, model calibration,
establishment ot;diumal flow characteristics and unit generation rates, and
pump station op~rattons/capacxty evaluation (8 metering sites assumed).
Limited rneteri~ng as specified by the City staff of the Poggi Canyon and
· ' ~- :~4:~" -Teicgraph*'C'a.n..3,on Basins will be conducted as part of this study· It is
~ assurr)~d th~ City metering of these basins to be conducted under the Poggi
· ~ Canybn Phrno~:/t Flow agreement will be coordinated with Master Plan
'~' ~maaly~es and results provided in digital format.
· B.2. Meet wi~h'.~q~taff to present site selection methodology and proposed sites
and o'btain ~ty' ~oncurrence.
B.3~' Collect fl0~?th/velocity) measttrements for a minimum 2-week period.
All site me~isurements will be performed concurrently to provide a consistent
data set for Citywide evaluation of generation characteristics and model
~:alibration, -~ -~~
B.4. Prepare s~ary plots and extreme measurement tables for each meter
record. - - .~- -_
C. Facilities Assessn~ent-
The consultafi~ha~ ovaluate the physical condition of the existing sewerage system
including sew_e[ _fil.a..~iries, manholes, pump stations, permanent metering stations,
and diversion stragigr~s. The assessment will identify facilities in need of critical
improvement as well ag provide a representative evaluation of the system-wide
condition for use in projecting future improvement requirements. Findings of the
assessment will :fo/~:one basis for development of a long range, phased capital
improvement progra~ Consultant shall at a minimum:
C.1. Obtain and review recent sewer video inspections conducted by the City·
The assessment will consist primarily of a review of the City's Sewer
Operations Database ("Flexi"), which summarizes video inspections and
priority hotshotS. It is assumed that approximately 50,000 feet of videotaped
Sewer inspe.ctions will be reviewed and assessed.
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C.2. Augment recent sewer Pump Station and metering facility inspections and
evaluations performed by PBS&J with additional site inspections. Prepare
inspection log and photo documentation of existing facility conditions.
C.3. Interview City operations staff and assemble listing of system deficiencies
and operational and maintenance concerns.
C.4. Using available GIS information determine facility age for each component
of the existing sewerage system.
C.5. Based on video review, field inspections, facility age, and City staff input,
prepare a prioritized inventory of recommended facility improvements.
C.6. Identify potential sources of inflow and infiltration to the City's wastewater
collection system and recommend improvements to eliminate these
superfluous flows from the collection system. This task does not include
strategic metering during winter months or smoke testing to pinpoint sources
of inflow.
D. Capacity Evaluation
Consultant shall identify capacity constraints in the existing wastewater collection
system under both existing peak flows and projected peak flows at ultimate basin
buildont. Findings of the evaluation will form one basis for development of a long-
range, phased capital improvement program.
Note that existing models of the Poggi Canyon, Date-Faivre, and portions of the
Telegraph Canyon Trunk Sewers will be utilized; consequently new models of
these basins will not be developed. Additionally, a hydraulic model of the planned
Salt Creek Interceptor will be developed by Consultant based on a complete data set
including physical system and wastewater loading data to be provided by the City.
Simulations of only ultimate buildont conditions will be performed for the Salt Creek
Basin in XP-SWMM.
Consultant shall at a minimum:
D. 1 Present recommended modeling software to City staffand obtain concurrence
for use.
D.2 Review and update sewer basin boundaries based on available development,
grading and/or improvement plans.
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D.3 Based on current development build out conditions and preliminary hydraulic
computations, propose model extent (for this proposal, all sewer mains
12/15 -inch and larger, interconnections with Spring Valley SD and METRO
facilities, pump stations, and up to 10 large industrial and commercial
dischargers is assumed).
D.4 Identify and collect missing or suspect system data in the existing City GIS
database including manhole inverts, pipe slopes, pipe connectivity, and pipe
material for only the sewer lines included in the hydraulic model. Physical
sewer data missing from the City's GIS database will only be collected for
those sewer reaches to be included in the system hydraulic model. This data
is assumed to include primarily invert elevations.
Physical sewer data (diameter, length, slope, and manhole invert and rim
elevations) and wastewater loading projections for the Salt Creek Interceptor
will be provided by the City (via another consultant) in aatigital format
compatible with the XP-SWMM model input format.
Model input data for the Telegraph Canyon, Poggi Canyon, and Date-Faivre
Trunk Sewers will be transferred from the existing PBS&J XP-SWMM _ __
models. Minor updates to the data will be made (if necessary) based on
current information available to either party.
D.5 Delineate manhole tributary sub basins based on GIS system maps and,
where GIS coverage does not exist, development and improvement plans.
D.6 Estimate existing sub basin population by intersecting the basin boundaries - -
with SANDAG MGRA population coverage using ArcView GIS.
D.7 Run existing system simulations and calibrate model parameters (unit
generation rates, characteristic diurnal curves, peaking factors for respective
land use categories, and pipe friction factors).
D.8 Identify capacity constraints under existing peak flow conditions and utilize
calibrated model to size relief or replacement sewers to alleviate constraints.
D.9 Obtain and evaluate proposed General Plan Update impact on existing
sewerage system and, coordinate with City staff, and propose additional
model simulations
D.10 Estimate future sub basin populations at ultimate (2020) basin build out
utilizing SANDAG MGRA population projections.
D.11 Run ultimate system simulations.
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D.12 Identify capacity constraints under ultimate peak flow conditions and size
relief or replacement sewers to alleviate constraints.
D. 13 Provide training to City Staff- PBS&J will assist with model installation on
City computers; provide an overview of the modeling methodology employed
by the program; give instruction to City staff (to include 5 half day sessions)
on how to perform basic input, execution, and output routines; familiarize the
existing and future system Master Plan models; and provide hands-on
exercises focusing on modifying Master Plan Model simulations and
evaluating simulation results.
D.14 Provide a maximum of 80 hours oftechnical support to City staff (in addition
to the 5 half day training sessions).
D.15 Evaluate futura capacity needs in METRO based on wastewater flow
projections for the City.
E. CIP Development
The consultant shall develop a capital improvement program incorporating and
prioritizing both the capacity-related improvements identified in the hydraulic model
simulations and rehabilitation/replacement projects identified through field and video
inspections. The proposed CIP will be a working document for the City to utilize in
determining annual budgetary needs through 2020. Consultant shall at a minimum:
E.1 Prepare summary worksheet for proposed CIP projects identified in Task
E.4.
E.2 Develop unit cost estimates for proposed CIP projects. Evaluate alternative
rehabilitation methods and costs.
E.3 Prepare capital cost estimates for proposed CIP projects.
E.4 Preliminarily group proposed CIP projects by phase in 5-year increments.
Review proposed CIP projects for water and street improvements to facilitate
the scheduling of projects in the same vicinity.
E.5 Based on existing system analysis, identify capital improvement projects that
are 100 pement responsibility of existing customers.
E.6 Identify and allocate percentages of shared (existing vs. future) facility costs
for capital projects.
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E.7 With input from financial analyst (Task F, below) finalize capital project
worksheet for annual CIP budgets through 2020.
F. Financial Analysis
The consultant shall establish a work plan intended to meet the City's objectives for
this study and will be based on the need to efficiently determine the ability of the
City's current sewer user and capital rates to finance the proposed Master Plan CIP.
Consultant shall:
F. 1 Prepare for and attend one kick off meeting with City staff. Obtain the City's
operating and capital budgets for sewer, for FY 03 and 04.
F.2 Evaluate sewer revenue requirements using the CIP annual worksheet and
schedule. The schedule will show the total dollars expected to be spent each
year through 2020, and define projects by capital replacement or capital
expansion categories. Estimate annual sewer rate revenue based on existing
operating and capital budgets from 2008 to 2020 (2003 to 2007 included in
Wastewater Rate Study Agreement being prepared by Karyn Keese - The
Phoenix Policy Group/PBS&J). This task also involves recommending the
minimum and maximum amount of capital replacement fund reserve balances
from 2008 to 2020 (2003 to 2007 included in Wastewater Rate Study
Agreement being prepared by Karyn Keese - The Phoenix Policy
Group/PBS&J). Consultant shall also recommend an appropriate annual
contribution (rate) based on future cash flow needs to ensure fund availability
to meet capital replacement needs from 2008 to 2020 (2003 to 2007 included
in Wastewater Rate Study Agreement being prepared by Karyn Keese - The
Phoenix Policy Group/PBS&J). The contribution rate shall identify the mix
of pay-as-you-go vs. debt financing.
F.3 Long Range Plan Review and External Financing Plan
Determine element of rate that is available for capital replacements
Define revenue sources including, as appropriate, user rates, capacity fees and
external. Review availability of low interest State and Federal loans and
grants. Evaluate which CIP projects may qualify for these programs.
Compute maximum debt capability of City for sewer projects. Compute
maximum pay-as-you-go funds available for capital replacement needs.
Compute recommended mix of pay-as-you-go vs. debt financing. Develop
alternative funding options and alternative capital replacement needs until
there is a reasonable match between fund availability and capital replacement
needs (iterative process). Prepare long term forecast options for City Council
consideration.
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F.4 Development (Capacity) Fee Review. Review and provide pertinent
information required for the Capacity Fee Update. Prepare for and attend up
to 3 meetings with City staffto discuss sewer capacity fees.
F.5 In 2001, PBS&J prepared a valuation of the METRO wastewater system,
related to the transfer of capacity between Padre Dam MWD and the City of
Poway. Prepare updated assessment of METRO assets to evaluate cost to
Chula Vista of purchasing additional capacity in the METRO system.
G. Sanitary Sewer System Requirements and Standards
Consultant shall summarize the requirements and standards for the installation of
new sewer facilities and rehabilitation of existing sewer facilities. Consultant shall at
a minimum:
G. 1 Review City of Chula Vista Department of Public Works existing Design and
Construction Standards and Subdivision Manual criteria for sewer. Standards
and criteria to be reviewed include sewer design criteria for sewage
generation and peaking factors, as well as pipeline and pump station design
standards.
G.2 Compare City's standards with industry standards and San Diego County area
sewer agencies/municipalities current standards.
G.3 Prepare summary of recommendations and reasons therefore for changes to
the City's criteria and standards.
It. Emergency Response Requirements
Consultant shall review and evaluate the City's sanitary sewer overflow emergency
response procedures and identify projects in the proposed CIP that would mitigate
overflow problem areas. Consultant shall:
H. 1 Prepare for and attend one meeting with City Operations to review sewer
overflow emergency response procedures and concerns.
H.2 Review overflows history and problem areas.
H.3 Identify within the final report, which projects in the CIP, would mitigate
overflow problem areas.
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I. Workshops and Council Briefing
The consultant shall work closely with City Staff to present a professional
presentation to City Council and other interested parties (i.e. Developers, property
owners, businesses etc.) with defendable and clear findings. Consultant shall address
the following tasks:
1.1 Prepare for and attend City Council meeting(s) to present preliminary
findings of sewer capacity analysis and METRO capacity analysis. (It is
assumed that joint briefings on thc recommendations will be done for both
the Wastewater Master Plan and the Drainage Facilities Master Plan)
1.2 Prepare for and attend meeting(s) with major developers, Building Industry
Association, and other stakeholders to present draft sewer capacity fees.
1.3 Prepare for and attend one City Council meeting to present recommended
sewer capacity fees. (It is assumed that joint briefings on the
recommendations will be done for both the Wastewater Master Plan and the
Drainage Facilities Master Plan)
1.4 Prepare two (2) large format graphics for presentation to City Council and
stakeholder meetings.
J. Report Preparation
Consultant shall prepare a Wastewater Master Plan report for the City Of Chula Vista
that comprehensively defines the existing and future wastewater collection and
disposal system and the resulting CIP program, and a summary of the findings '
developed in tasks A through I above. Separate documents shall be submitted for the
Wastewater and Drainage Master Plans, with the Wastewater report submitted first
and where City determines it to be applicable, background and land use chapters will
be utilized for the Drainage Master Plan. Consultant shall perform the following
tasks:
J. 1 Prepare report text summarizing technical analysis methodology, findings,
and recommendations.
J.2 Prepare report graphics and figures. Graphics shall include 11 x 17 or 8 1/2 x
11 sized maps of the City's sanitary sewer basin boundaries and wastewater
collection system. A color-coded map showing the location of recommended
CIP projects will also be included. Oversized exhibits shall include a pipe and
node map of the City's wastewater collection system that corresponds to the
hydraulic model.
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J.3 Prepare and submit 10 draft reports for City review and comment.
J.4 Upon City's request, meet with City staff to review comments.
J.5 Revise report based on City comments and prepare and submit 20 bound
copies and 1 reproducible copy of the final Chula Vista Wastewater Master
Plan.
J.6 Prepare and submit 5 electronic copies of final report on CD, in format
compatible with City's software requirements.
J.7 Prepare and submit 5 electronic copies of hydraulic model data for City's
sewer system in CD-ROM digital file format.
K. Project Management
Consultant shall provide overall project management and sub consultant
management of the Wastewater Master Plan during the course of this Master
Planning study. To the greatest extent possible, project management tasks,
including budget administration, invoicing, and preparation of progress reports will
be performed in conjunction with similar tasks for the Drainage Master Plan.
Additionally, whenever possible, periodic progress meetings with City staff will be
combined meetings covering both the Wastewater and Drainage Master Plans. City
meetings and status reports dedicated to the discussion of the progress of the study
are included in this task as follows:
K. 1 Provide project management tasks including staffing assignments, budget
administration, and preparation of brief progress reports to be submitted
to the City prior to attending progress meetings.
K.2 Prepare for and attend progress meetings with City staff to discuss overall
progress and schedule of the Master Plan. It is estimated that progress
meetings will be scheduled monthly or bi-monthly through the course of the
project (12 meetings have been assumed).
K.3 Provide QA/QC for project tasks.
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8.2 Drainage Facilities Master Plan
A. Research and Data Collection
The consultant shall gather and review the data required to develop accurate graphic
and non-graphic databases of the City's drainage facilities to ~ a comprehensive,
City-wide Drainage Facilities Master Plan. Consultant shall:
A. 1 Review reports for existing maj or drainage facilities within the City of Chula
Vista. The focus of this review will be major drainage reports prepared for
the City that cover some of the large master p anne:fl land development
projects.
A.2 Obtain and review City GIS .database, including available drainage basin
boundaries, storm drain system, land use, and political data coverage. Also
obtain GlS-based soils coverages from the appropriate source.
A.3 Obtain and review development and improvement plans for ~ or
planned development areas for all drainage facilities to be included in the
hydraulic model. ,
A.4 Coordinate with the City's General Plan Update Team for information
regarding the possible development scenarios being evaluated in the General
Plan.
A.5 Review City of Chula Vista Subdivision Manual pertaining particularly to
drainage, including criteria, policies, procedures and fee structures.
A.6 Interview operations staff and other City staff to determine areas of suspected
deficient hydraulic capacity, which may include historical records of
flooding.
B. Model Development
Consultant shall compute and develop the necessary data for constructing the AES
hydraulic model for approximately 16 major drainage basins covering all of the City
of Chula Vista, focusing on those with known problems. The watershed will be
divided into individual drainage basins with an area, which generates approximately
100 cfs based on the 100-year flood. The primary focus will be on the backbone
facilities.
GIS coverages will be utilized wherever possible to input the modeling parameters
efficiently. This data will include hydrologic data (basin area, length of watercourse,
soil types, NRCS curve numbers, routing parameters, rainfall data, etc.) and
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hydraulic data (pipe sizes, manhole inverts, rim elevations, channel geometz-y,
Manning n values, etc.) Should it be determined that the GIS data is significantly less
complete or requires additional quality assurance, this effort will be provided as
additional services. Physical system data missing fxom the City's GIS database,
assumed to include primarily invert elevations, will be collected only for those
reaches to be included in the system hydraulic model. Consultant shall:
B.1 Delineate drainage basin boundaries and flow paths using topographic
mapping from the City of Chula Vista. The basin boundaries will be
delineated to allow the determination of flow rates at critical locations within
the City. Former County areas may have limited modeling if no data is
available.
B.2 Digitize all drainage basin boundaries, flow paths, and nodal information.
Perform quality control check with City staff regarding basin sizes and
boundaries.
B.3 Prepare digital soil group and land use maps covering the watershed. Two
sets of digital land use maps will be prepared representing the existing and
ultimate land uses.
B.4 Perform GIS polygon processing on the digitized basins, digital soils, and
digital land use maps to obtain hydrologic input data (basin areas, flow
lengths, runoff coefficients, etc.).
B.5 Gather and input additional hydrologic input data including rainfall data (50-
year and 100-year events for 6- and'2~4~our storms) and routing parameters.
B.6 Obtain all existing pipeline hydraulic data (pipe size, slope, manhole rim and
invert elevations, and lengths) and fill in missing data as needed for the
modeling task. Hydraulic modeling will be performed for pipes including,
but not limited to, backbone facilities serving approximately 100 cfs. In some
cases, it may be necessary to model pipe sizes less than 30" diameter, both
parties (City and Consultant), shall jointly determine which pipes need to be
included in the model.
B.7 Obtain channel data (cross section geometry, bank stations, and reach
lengths) and culvert/bridge data (dimensions of conveyance area, soffit
elevation, top of road elevation, length, and number of piers) for key facilities
that are included in the model.
B.8 Coordinate GIS fields with AES database formats.
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B.9 Obtain dimensions of detention basins to be included in the model. Create
necessary input records to accurately define the storage-elevation-volume
relationship.
B. 10 Perform field reconnaissance to observe any unique hydraulic conditions and
estimate Manning n for open channels/culverts. All observations will be
documented with photos.
C. System Evaluation
The consultant shall estimate the hydraulic conditions that would result fi.om 50- and
100- year rainfall events, for existing and future development conditions, and to
evaluate the performance of major drainage facilities, including identification of
existing system deficiencies and recommended system improvements. Consultant
shall:
C. 1 Enter the hydrologic and hydraulic data collected in previous tasks into the
AES model.
C.2 Determine the appropriate downstream boundary conditions for the hydraulic
model based on a review of existing FEMA mapping and hydraulic data.
C.3 Perform 50- and 100-year hydrologic analyses for the entire watershed using
AES. The analyses will be performed in accordance with the City of Chula
Vista hydrology criteria for both the existing and ultimate development
conditions. The analyses will include modeling of existing detention basins
within the study area.
The analyses will determine the peak flow rates and will also be used to
identify necessary drainage facilities, which could be detention basin
facilities, new facilities, replacement facilities, or parallel facilities. Use the
locations of the existing structural BMPs in the modeling of the ultimate
system.
C.4 Prepare GIS coverages to allow the Drainage Facilities Master Plan data
(flow rates, drainage facility type, sizes/lengths, facility costs, etc.) to be
queried and viewed.
C.5 Provide training to City Staff on both the AES and SIMS models- PBS&J
will assist with model installation on City computers; provide an overview of
the modeling methodology employed by the program; give instruction (to
include 5 half day sessions) on how to perform basic input, execution, and
output routines; familiarize staff with the existing and future system Master
Plan models; and provide hands-on exemises focusing on modifying Master
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Plan Model simulations and evaluating simulation results. 80 hours of
technical support On addition to the 5 half day training sessions) is to be
provided by consultant to City.
D. NPDES Review and Assessment
The consultant shall provide a master-planning level review and assessment of the
City's program and NPDES opportunities to improve best management practices, in
accordance with the requirements of the NPDES Municipal Permit and SUSMP. If
requested by the City, pollutant-loading modeling using the AES software would be
performed as additional services. Consultant shall:
D. 1 Review existing infrastructure and use the land-use/zoning, commercial and
industrial inventories to help locate ideal locations for structural BMPs in the
existing system.
D.2 Strategically locate BMPs in the ultimate system based upon hydrology
and proposed land use, and develop solutions that meet the standards of
the recent Municipal Permit.
E. CIP Development
The consultant shall develop a capital improvement program incorporating and
prioritizing both the capacity-related improvements identified in the hydraulic
models simulations and identified rehabilitation/replacement projects. The proposed
CIP will be a working document for the City to utilize in determining annual
budgetary needs through 2020. Consultant shall:
E. 1 Prepare summary worksheet for proposed CIP projects identified in Task C.3
above.
E.2 Develop unit cost estimates for major facilities. Evaluate alternative
remediation methods and costs.
E.3 Prepare capital cost estimates for projects. Estimates to include right-of-way
acquisition, design, environmental, geotechnical, survey, construction
management, and construction.
E.4 Preliminarily group capital projects by phase in 5-year increments. Review
CIP. projects for water and street improvements to facilitate the scheduling of
projects in the same vicinity.
E.5 Based on existing system analysis, identify capital improvement projects that
are 100 pement responsibility of existing customers.
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E.6 Identify and allocate percentages of shared (existing vs. future) facility costs
for capital projects.
E.7 With inpm from financial analyst (Task F, below) finalize capital project
worksheet for annual CIP budgets through 2020.
F. Financial Analysis
The consultant's work plan is intended to meet the City's objectives for this study
and is structured based on the need to efficiently determine the City's ability to
finance the proposed Master Plan CIP. Consultant shall:
F. 1 Prepare for and attend one kick off meeting with City staff. Obtain the City's
operating and capital budgets for stormwater, for FY 03 and 04.
F.2 Evaluate stormwater revenue requirements using the CIP annual worksheet
and schedule. The schedule will show the total dollars expected to be spent
each year through 2020 and define projects by capital replacement or capital
expansion categories. Estimate annual stormwater rate revenue based on
projected operating and capital budgets from 2003 to 2020. Recormnend the
minimum and maximum amount of capital replacement fund reserve balances
from 2002 to 2020. Recommend an appropriate annual contribution (user and
capital rates) based on future cash flow needs to ensure fund availability to
meet capital replacement needs from 2003 to 2020. The contribution rate will
identify the mix of pay-as-you-go vs. debt financing and replacement versus
expansion funding requirements.
F.3 Long Range Plan Review and External Financing Plan. Determine element of
rate that is available for capital replacements. Define revenue sources
including, as appropriate, user rates, capital fees and other sources, such as
Community Development Grants, Gas Tax, Developer' Impact Fees, etc.
Review availability of low interest State and Federal loans and grants.
Evaluate which CIP projects may qualify for these programs. Compute
maximum debt capability of City for stormwater projects. Compute
maximam pay-as-you-go funds available for capital replacement needs.
Compute recommended mix of pay-as-you-go vs. debt financing. Develop
alternative funding options and alternative capital replacement needs until
there is a reasonable match between fund availability and capital replacemem
needs (iterative process).
F.4 Implementation
Determine element of rate that is available for capital replacements. Prepare
section to be included in Drainage Facilities Master Plan draft and final
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report. Prepare long term forecast options for City Council consideration.
Prepare presentations for City Council.
G. Report Preparation
Consultant shall prepare a Drainage Facilities Master Plan report for the City Of
Chula Vista that comprehensively defines the existing and future drainage facilities
and the resulting CIP program, and a summary of the findings developed in the CIP
developments tasks above. The consultant shall provide the City an Arc View GIS
map of the drainage system and recommended facilities. Separate documents will be
submitted for the Wastewater and Drainage Master Plans, with the Wastewater report
submitted first. Where applicable, background and land use chapters will be utilized
for the Drainage Master Plan. The Consultant shall:
G. 1 Prepare report text summarizing technical analysis methodology, findings,
and recommendations.
G.2 Prepare graphics in support of the Drainage Facilities Master Plan report
including land use, drainage basin boundaries, a pipe-node network figure,
and a figure depicting model results. Graphics shall include 11-inch x 17-
inch or 8-1/2-inch x l 1-inch sized maps of the City's drainage basin
boundaries and drainage facilities. A color-coded map showing the location
of recommended CIP projects will also be included.
G.3 Prepare and submit 10 draft reports for City review and comment.
G.4 Upon request of the City, meet with City staff to review comments.
G.5 Revise report based on City comments and prepare and submit 20 bound
copies and 1 reproducible copy of the final Chula Vista Drainage Facilities
Master Plan.
G.6 Prepare and submit 5 electronic copies of final report on CD, in format
compatible with City's software requirements.
G.7 Prepare and submit 5 electronic copies of hydraulic model data for City's
drainage facilities in CD-ROM digital file format.
G.8 Provide to the City the necessary software and licenses used in the
preparation of the Drainage Facilities Master Plan.
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H. Workshops and Council Briefing
Consultant shall work closely with City staffto present a professional presentation to
the City Council and other interested parties (i.e. Developers, property owners,
businesses etc.) with defendable and clear findings. Consultant shall perform the
following tasks:
H.1 Prepare for and attend City Council meeting(s) to present preliminary
findings of the Drainage Facilities Master Plan. (It is assumed that joint
briefings on the recommendations will be done for both the Drainage
Facilities Master Plan and the Wastewater Master Plan)
H.2 Prepare for and attend meeting(s) with major developers, Building Industry
Association, and other stakeholders to present draft financial program.
H.3 Prepare for and attend one (1) City Council meeting to present recommended
drainage fees. (It is assumed that joint briefings on the recommendations will
be done for both the Drainage Facilities Master Plan and the Wastewater
Master Plan)
H.4 Prepare two (2) large format graphics for presentation to City Council and
stakeholder meetings.
1. Project Management
Consultant shall provide overall project management and sub consultant
management of the Drainage Facilities Master Plan during the course of this
Master Planning study. To the greatest extent possible, project management
tasks, including budget administration, invoicing, and preparation of progress
reports will be performed in conjunction with similar tasks for the Drainage
Master Plan. Additionally, whenever possible periodic progress meetings with
City staff will be combined meetings covering both the Wastewater and
Drainage Master Plans. City meetings and status reports dedicated to the
discussion of the progress of the study shall be conducted in the following tasks:
I. 1 Provide project management tasks including staffing assignments, budget
administration, and preparation of brief progress reports to be submitted to
the City prior to attending progress meetings.
1.2 Prepare for and attend progress meetings with City staff to discuss overall
progress and schedule of the Master Plan. It is estimated that progress
meetings will be scheduled monthly or bimonthly through the course of the
project (12 meetings are assumed).
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1.3 Provide QA/QC for project tasks.
B) Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C) Dates or Time Limits for Delivery of Deliverables:
See Item 20.
D) Date for completion of all Consultant services:
See Item 20.
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.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials required to be supplied by City to Consultant:
A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant
information or data.
B. GIS Data, such as:
1. General Coverage
a. City Boundary
b. Roads
c. Parcels
d. General Plan
e. Other available coverages as needed
2. Sewerage System Coverage
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-30-
a. Basin Boundaries
b. Pipe sizes, material, and age
c. Manholes
d. Currently available Manhole Invert Elevations
e. Currently available Manhole Rim Elevations
3. Drainage System Coverage
a. Basin boundaries
b. Collection system type
c. Pipe sizes, material, age
d. Channels
e. Existing land use coverage
f. Soils/vegetation coverage
4. Sewerage Facility Data
a. Pump Station Operating Parameters
b. Operations database
C. Available Sewer and Drainage Information
1. City and developer repons
2. If available, digital files of relevant sewer and drainage models
3. Sewer pump stationdrawings
4. Other facility drawings and/or operating criteria as needed
D. Sewer Flow Meter Records
1. Digital files of recent flow meter records recorded by City staff, including monitoring
of the Poggi Canyon and Telegraph Canyon Basins to be conducted under the Poggi
Canyon Pumped Flow Agreement.
2. Digital files of Metro meter records
E. Salt Creek Gravity Sewer Data
1. Physical sewer data (diameter, length, slope, and manhole invert and rim elevations)
and wastewater loading projections for the Salt Creek Interceptor will be provided by
the City (via another consultant) in a digital format compatible with the XP-SWMM
model input format.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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11. Compensation:
A. (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
herein below 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 $705,100.00
(Seven Hundred and Five Thousand, One Hundred Dollars) including all
Materials, and other "reimbursables" ("Maximum Compensation"). Specifically,
Consultant shall be compensated for the various projects as follows:
(a)Four Hundred and Eleven Thousand, Nine Hundred Dollars- Wastewater Master
Plan
(b) Two Hundred Ninety Three Thousand Two Hundred Dollars - Drainage Facilities
Master Plan).
(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.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-32-
Rate Schedule
Category of Employee Name of Consultant Hourly Rate
Officer Paul Cooley ; 175.00
Project Director Mark Elliott ;165.00
Project Director Gary Eikermann ;165.00
Principal Professional Karyn Keese ;160.00
Program Manager Matt Baird ;145.00
Program Manager Wayne Chang ;145.00
Program Manager Emesto Aguilar ;145.00
Senior Project Manager Michael Cairns ; 125.00
Project Manager Dan Brogadir ;120.00
Senior Developer I Brad Scott ; 115.00
Project Engineer II Dave Smith ;I05.00
Senior Engineer Cynthia Peraza ;90.00
Analyst II Marc Cavalero ~80~00
Analyst II Hone Kalvan ;80.00
Graphics Designer Kilamey Camohan ;80.00
Project Analyst Karen Chwala ;55.00
Administrative Clerk LeAnn Wissink ;45.00
12. Materials Reimbursement Arrangement
Expenses reimbursable by the City will include messenger services and overnight delivery
(actual cost), facsimile (transmission only $0.25 per page); copy ($0.05 per page). However,
such cost shall not exceed the aggregate of $250.00 without further authorization issued in
writing by the City Engineer.
13. Contract Administrators:
City: Anthony Chukwudohie, Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6129
Fax: (619) 397-6254
Consultant: PBS&J
175 Calle Magdalena, Suite 101
Encinitas, CA 92024
Telephone:(760) 753-1120
Fax:(760) 753-0730
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-33-
14. Liquidated Damages Rate:
None
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
( ) Category No. 1. Investments and soumes of income.
( ) Category No. 2. Interests in real property.
(X) Category No. 3. Investments, interest in real property and sources of income subject to
the regulatory, permit or licensing authority of the department.
(X) 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.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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17. Permitted Sub consultants:
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:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
2
C. City's Account Number: 9300~79991260 122~32~3~0000~0
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 Director of Public
Works.
( ) Other:
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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20. Deliverables
20A. Wastewater Master Plan Summary of Deliverables
Specific deliverables that will be required for this project include:
A. Sanitary Sewer Master Plan Report (20 Copies)
The Sanitary Sewer Master Plan Repor~ shall include but is not limited to the following:
i. Complete evaluation of the City current and future needs for wastewater conveyance
and disposal. Update of all sewer basin boundaries. Analyze and evaluate the impacts
of the future developments on the City wastewater collection system. Identification
of any current deficiencies or potential deficiencies in the sewer collection system.
ii. Complete review of the City's sanitary sewer system policies, procedures, and fee
structures, and a summary of other possible funding sources and strategies.
iii. Discussion of the sanitary sewer overflow history, problem identification, and
response procedure, identify possible overflow locations or problem areas.
iv. Sununary of requirements and design standards for the installation of new sewer
pipes, pump stations, and other appurtenances. Summary of requirements and design
standards for the repair or rehabilitation of existing sewer pipes, pump stations, and
other appurtenance.
B. Sanitary Sewer System Computer Model
All diskettes (CD-ROM) containing input data files for the Wastewater System hydraulic model
runs and maps and other electronic/digital files including:
i. Five Copies of model run documentation including calibration results.
ii. Electronic Files in Microsofi Word Format of the report tests and exhibits~
iii.Electronic Files in Microsoft Excel Format of any spreadsheets used in the preparation
of the master plan.
iv. Electronic files in ArcView, latest version, of all GIS data (coverages) developed
during this project.
v. Electronic Files in AutoCAD (latest version) of the updated network maps.
vi. Electronic files of any analysis or exhibits used in preparation of the master plan not
covered above.
vii. Other supporting materials as mutufilly agreed to.
C. Provide training to the City's staff on the ase of the sewer system computer model
and soflware (Note: Consultant should not assume that staffhas any prior knowledge
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-36-
of the modeling sol,rare).
D. Provide a minimum of 80 hours worth of technical support services on the
application of the computer modeling sol°tware after the training is completed.
20B. DRAINAGE FACILITIES MASTER PLAN SUMMARY OF DELIVERABLES
Specific deliverables that will be required for this project include:
A. Drainage Facilities Master Plan Report
The Drainage Facilities Master Plan Report shall include but not be limited to the following:
i. Complete evaluation of the City's current and future needs for drainage conveyance
and environmental conditions within the project area. Update drainage basin
boundaries.
ii. Evaluation of the existing and future requirements of the City's drainage system,
based on the deficiencies of the existing system and future land uses of the General
Plan. Detailed descriptions of the deficiencies of the existing drainage system
relative to the proposed future land uses.
iii. Draft of the Drainage Facility Master Plan for initial review, including an ArcView
GIS map of all the findings and analysis.
iv. Drainage System Computer Model with Final Draft of the Drainage Facility Master
Plan.
v. Fiscal Analysis of future improvement projects
vi. Provide cost analysis for each method ofremediation due to deficiencies.
vii. Provide recommendations for other sources of funding available to allow the City to
construct drainage projects sooner.
A. Provide training to the City's staff (Approximately 10 people) on the use of the
drainage system computer model and software (Note: Consultant should not assume
that staff has any prior knowledge of the modeling software).
B. Provide a minimum of 80 hours worth of technical support services on the
application of the computer modeling software after the training is completed.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
-37-
Wastewater Master Plan Schedule
2002 2003
TASK
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Research and Data /I
Collection
~low Monitoring I/____ ---
Facilities Assessment -- / I / / __ --
Capacity Evaluation / /// /I/
CIP Development __ //I ·
FinancialAnalysis --l/____l/ I__----
Sewer Requirements //
and Standardsil __
Emergency Response
Requirements l l
Workshops and -- -- --
council Briefings ______ // I//
Report Preparation
Draft ..... / l/fl
Vinal~ ........... I /
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
Drainage Master Plan Schedule
2002 2003
TASK
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Research and Datall----
Collection
ModeIDevelopment --Ill---
system Evaluation l/l//
NPDES Assessment __ __l Il______
CIP Development .... //II
FinancialAnalysis --ll I ll
cW°°urnkcS i~ °BPrSi ea~ dn g s Il l/1
Report Preparation
Draft __lll_
J:\Engineer\AGENDA\Wastewater Drainage MP PBSJ Agreement.ac.doc
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TITLE: Resolution Waiving irregularities, accepting bids and
awarding contract to HMS Construction, in the amount of $115,314.00 for
the "Installation of Internally Illuminated Street Name Signs at Various
Locations in the City of Chula Vista, California FY 00/01, FY 01/02 and
FY 02/03 ( TF-279)".
SUBMITTED BY: Director of Public Works/~ ~
REVIEWED BY: City Manager t)~cr 7,~,/ (4/5ths Vote: Yes X No )
On September 11, 2002, the Director of Public Works received sealed bids from five electrical
contractors for "Installation of Internally Illuminated Street Name Signs at Various Locations in
the City of Chula Vista, California FY 00/01, FY 01/02 and FY 02/03 ( TF-279)." This project
includes the installation of nine internally illuminated street name signs on traffic mast arms and
forty-seven internally illuminated street name signs on traffic signal standards. It also includes the
rewiring of existing intersections at four locations: Third Avenue and "G" Street, Second Avenue
and "F" Street, Bonita Road/"E" Street and Flower Street and only the west leg for Third Avenue
and "K" Street.
RECOMMENDATION: That Council approve the resolution to waive irregularities, accept bids
and award the contract to HMS Construction in the amount of $115,314.00 for the" Installation of
Internally Illuminated Street Name Signs at Various Locations in the City of Chula Vista,
California for FY 00/01, FY 01/02 and FY 02/03 (TF-279)."
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project is part of a five-year program that started in the FY 99/00. That project was awarded
to Trasig Corporation for a total cost of $68,000.00, $18,000.00 of which came from the FY00/01
project. Installation was completed in the year 2000.
On July 18, 2001 the Director of Public Works received four sealed bids, for the remainder of FY
00/01project and the entire FY01/02 project. Resolution 2001-282 was approved by Council to
reject the bids because staff determined that a significant change in contract specifications was
required to clarify equipment and installation issues.
In an attempt to save energy costs associated with the internally illuminated street name signs
while striving to be the leading agency in testing and implementing new innovations, staff began
testing new street name signs in August of 2001. Those signs utilize outside safety lighting
Page 2, Item C~-
Meeting Date 10/22/02
illumination sources to reflect the illumination back to the streets. The testing period lasted for a
year, during which staff elected to postpone the re-advertisement of the street name sign projects
pending the result of such testing. Unfortunately, the performance testing determined that the
equipment tested did not produce satisfactory results; therefore, staff elected to continue using the
internally illuminated street name signs instead.
In order to make-up the time expended for testing new material and to expedite the installation the
Internally Illuminated Street Name Signs, FY 02/03 project has been added to the FY 00/01 and
FY 01/02 projects, and all were advertised at the same time for competitive bidding on August 16,
2002.
On September 11, 2002, the Director of Public Works received sealed bids from five electrical
contractors.
The bids received were as follows:
Contractor Amount
1. HMS Construction $115,314.00
2. Peek, Signal Maintenance Inc. - Santee $129,237.50
3. T&M Electric, Inc. dba Perry Electric $136,000.00
4. Sutherlin $143,544.51
5. TDS $202,500.00
The apparent low bidder was Peek Signal Maintenance Inc., with a bid of $129,237.00. However,
afier reviewing the bid documents received, staff discovered a discrepancy with HMS
Constmction's grand total bid amount. The amount when submitted was $130,934.00.
However, when staff reviewed the bid and totaled all its items, HMS's correct grand total was
$115,314.00 - $13,923.00 lower than Peek Signal Maintenance Inc.'s bid amount -therefore,
HMS Construction was the actual low bidder. Engineering staff determined that the irregularity
was insignificant and that the City could proceed with the award process to HMS Construction
based on the specification language under the Special Provisions which states that "The contract
will be awarded to the lowest responsible bidder for the grand total of all of the bid items listed in
the proposal." The project's specification further stipulates that the City Council has the right to
waive any irregularity or informality in the bid proposal to the extent permitted by law.
2Z --2-
Page 3, Item ~ j
Meeting Date 10/22/02
The low bid submitted by HMS Construction of $115,314.00 is 11% lower than the engineer's
cost estimate of $129,172.60. The Engineer's estimate was based on average bid prices from
previously awarded projects. The low bid contractor, HMS Construction, has completed several
projects for the City in the past with favorable performance. HMS Construction has met all City
requirements for award of a contract as set forth in the bid document.
The completion of this project will provide for City street name signs that are visually attractive
and will enhance the visibility for nighttime motorists. The total project cost is $131,457.00,
which includes the $115,314.00 contract amount, $13,843.00 for design, inspection and
administration and $2,300.00 in contingencies.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061
(b)(3) and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit "A".
Prevailing Wage Statement
The funding sources for this project are the Gas Tax Fund and Traffic Signal Fund. Contractors
bidding this project were not required to bid based on paying prevailing wages to persons
employed by them for the work under this contract. No special minority or women-owned
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 minority
trade publications.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $115,314.00
B. Design, Inspection and Administration $13,843.00
C. Contingencies $2,300.00
TOTAL $131,457.00
Page 4, Item ~ ~
Meeting Date 10/22/02
FUNDS AVAILABLE FOR CONSTRUCTION
Gas Tax Fund (TF279) $71,257.67
Traffic Signal (TF279) $60,199.33
TOTAL $131,457.00
Annual energy and maintenance cost are estimated to be $100.00 per each installed internally
illuminated street name sign.
Attachment: Exhibit "A" - Contractor's Disclosure Statement
File No: 0735-10-TF279
Prepared by: Michael Maston and Majed A1-Ghafry
J:\Engineer\AGENDA\A 113-TF279REV.mm.doc
AaTHE CITY OF CHULA VISTA
DISCLOSURE
STATEMENT
nt to Council Policy 101-01, prior to an3 action upon matters which will require discretionary
a,.cti?n by the Council, Planning Commission and all other officia~ bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The followi,ng information must be disclosed:
1. List the names of all persons haying a financial interest in the property that is the subject of the
application or the 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/parmership) entity.
3. If any person* identified pursuant to (l) 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.
14
J :~Enginecr~ADMIN\(~ONTP~C'IXMINWAGETF279.7 .doc
Has any person* associated with this contract had any financial dealings with an official**.~f the
City of Chuia Vista as it relates to this contract within the past 12 months? Yes No ~"
If Yes, briefly describe the natu~'e of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the,past twelve (12) months to a current
member of the Chula Vista City Council? Yes No ~ If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over 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 Cie2,
of Chula Vista in the past twelve (l 2) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes __ No ~/ lfYes, which official** and what was
the nature of item provided?
Print or type name of Contractor/Applicant
*, Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal 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 staffmembers.
15
J:\EngineerLa. DMIN\CONTRACT~IINWAGETF279.7 .doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING CONTRACT TO HMS CONSTRUCTION
IN THE AMOUNT OF $115,314.00 FOR THE INSTALLATION OF
INTERNALLY ILLUMINATED STREET NAME SIGNS AT
VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA FY 00/01, FY 01/02 AND FY 02/03 (TF-279)"
WHEREAS, on September 11, 2002, the Director of Public Works received the following
sealed bids from five electrical contractors for "Installation of Internally Illuminated Street Name
Signs at Various Locations in the City of Chula Vista, California FY 00/01, FY 01/02 and FY 02/03
( TF-279)":
Contractor Amount
1. HMS Construction $115,314.00
2. Peek, Signal Maintenance Inc. - Santee $129,237.50
3. T&M Electric, Inc. dba Perry Electric $136,000.00
4. Sutherlin $143,544.51
5. TDS $202,500.00
WHEREAS, after reviewing the bid documents received, staff discovered a clerical error
made by HMS Construction when calculating their bid amount's grand total; and
WHEREAS, aRer recalculating all bid items, HMS's correct grand total was $115,314.00 -
which was $13,923.00 lower than Peek Signal Maintenance Inc.'s bid amount therefore HMS
Construction was the actual low bidder; and
WHEREAS, Engineering staff determined that the irregularity was insignificant and 'staff
could proceed with the award process to HMS Construction based on the specification language
under the Special Provisions which states that "The contract will be awarded to the lowest
responsible bidder for the grand total of all of the bid items listed in the proposal."; and
WHEREAS, the project's specification further stipulates that the City Council has the right to
waive any irregularity or informality in the bid proposal to the extent permitted by law; and
WHEREAS, the low bid submitted by HMS Construction of $115,314.00 is 11% lower than
the engineer's cost estimate of $129,172.60; and
7--Z -7
WHEREAS, the low bid contractor, HMS Construction, has completed several projects for
the City in the past with favorable performance and HMS Construction has met all City requirements
for award ora contract as set forth in the bid document; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved
in this project and determined that the project is exempt for CEQA both under CEQA Guidelines,
Section 15061 (b)(3) and Section 15303, Class 3 (new construction or conversion of small
structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby waive irregularities, accept the bids and award the contract to HMS Construction in the
amount of $115,314.00 for the "Installation of Internally Illuminated Street Name Signs at Various
Locations in the City of Chula Vista, California FY 00/01, FY 02/02 and FY 002/03 (TF-279)".
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
[J:~A~I'ORNEY~RESO\ street light name signs bid (October 16, 2002 (2:14PM)]
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TITLE: Public Hearing regarding the formation of Community Facilities
District No. 08M (Village 6 - McMillin Otay Ranch and Otay
Ranch Company)
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager 'r' 0 Y (4/5tbs Vote: Yes No X )
It is recommended that this public hearing be continued to the meeting of November
2002.
J '£,~vGLV£ER,AGEN'D,,I',CAS P'ilhl2e 6 0SM ROF 10 22 02.doc
CITY COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TITLE: PUBLIC HEARING: PCA 02-04; Amendments to Chapters 19.04 and
19.48 of the Chula Vista Municipal Code pe~aining to Community Purpose
Facilities - The City of Chula Vista.
ORDINANCE: Amending Chapters 19.04 and 19.48, of the Chula Vista
Municipal Code.
SUBMITTED BY: Director of Planning and Building
REVIEWED BY: City Manager ¥/~ 4/5 Vote: Yes No X
This item was continued from the meeting of October 8~, 2002 in order to allow stafftime to respond
to concerns expressed by Master Developers regarding Section 19.48.025(H) of the proposed CPF
Ordinance amendment. More specifically, the Master Developers were concerned about the
Section's specific number and type of amenities that small recreational facilities must have to qualify
as a Recreational Facility under the CPF land use designation. The Master Developers do not oppose
the inclusion of recreational facility requirements. Their position is primarily that the specific type
and number of recreational facilities should be developed in conjunction with the overall CPF land
use program, or master plan as required by Section 19.48.040(B)(6)(d) of this Ordinance. This will
allow the applicant and City staff to take into consideration the specific recreational needs of each
individual neighborhood where CPF land use designation is proposed.
Staff concurs with the Master Developer's opinion and is offering a revised language for this section
of the CPF Ordinance (see Attachment 1). The new language outlines minimum parcel size and lists
a number of potential amenities that can be considered for these recreational facilities. However, the
type and number of recreational amenities acceptable within CPF designated sites will be outlined in
the CPF master plan section of the SPA plan. The deferral of specific recreational facility
requirements to the SPA level planning will allow staff and Master Developer the opportunity to
determine more specifically the recreational needs of the individual neighborhood and use this CPF
land use option more effectively. Other minor changes have also been made to other sections to
reflect the proposed language revisions to this Section.
Attachments:
l. Revised proposed language for section 19.48.025(H) and 19.48.040(B)(6)(d)
2. Revised proposed Exhibit "A"
ATTACHMENT 1
(Section 19.48.025(H)
H. The site upon which a recreational facility is located shall be no less than 0.5
usable acres (usable means level areas with maximum slope of 5:1), and include
recreational facilities such as: a) multi-purpose hard court/field~ b) childrens play
area; c) outdoor community gathering place, s; d) outdoor cooking facility; e) level
lawn areas; f) swimming pool; g) other sport facility determined to be suitable and
desirable by the Director of Planning and Building for the individual
neighborhood it is intended to serve.
(Section 19.48.040(B)(6)(d)
Recreational facility land uses shall not utilize more than 35% of the overall CPF
acreage required for CPF Master Plan area. Sites identified for Recreational
Facilities in CPF land districts shall meet the provisions outlined in Section
19.48.025 (H). No park or open space credit shall be granted for recreational facility
land uses and developments utilizing this option.
Where recreational facilities are proposed to be located in CPF land use districts, a
CFP Master Plan is required. The Master Plan shall set forth a detailed list of type
and number of recreational facilities for the specific site, show the specific
boundaries of said plan which may be the SPA, GDP or Planned Community
boundaries (or more than one GDP as deemed appropriate by the Director of
Planning and Building); the distribution of existing and proposed CPF designated
parcels within the Master Plan area; and the tabulation of individual sites acreages
which shall be prepared and incorporated into the Planned Commuaity's Sectional
Planning Area (SPA) plan and into the General Development Plan (GDP) if the
CFP Master Plan involves more than one SPA plan. The incorporation of the CPF
Master Plan into the SPA or GDP shall be done through a SPA or GDP
amendment/adoption pursuant to Sections 19.48.080 and 19.48.130.
ATTACHMENT 2
EXHIBIT "A"
Community Purpose Facilities- Proposed Amendment Text
TEXT LEGEND:
New Text
Deleted
Chapter 19.04
DEFINITIONS
19.04.055 Community purpose facility.
"Co~ pu~ose faciliW" me~s a l~d use desi~ation in a plied co~u~W
~tended for non-profit ~d ce~n for-profit l~d uses as listed in section 19.48.025(c).
..............................................................................................................
Chapter 19.48
P-C - PLANED COMMU~TY ZO~
Sections:
19.48.010 Purpose.
19.48.020 Regulations generally-minimum acreag~Ownership
restrictions.
19.48.025 CommuniW purpose facilities-Minimum acreage required-
pertained uses.
19.48.030 Application-Method-Documen~ required.
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19.48.040 Application-General development plan required-Contents
required.
19.48.050 Findings required for recommendation of establishment.
19.48.060 P-C zone-Planning commission action.
19.48.070 P-C zone-City council action-Compliance with general
development plan required.
19.48.080 General development plan-Modification requests and
procedures.
! 9.48.090 Sectional planning areas and sectional planning area
plans-Requirements and contents.
19.48.100 Sectional planning area plans-Finding required for
recommendation of approval.
19.48.110 Sectional planning area plans-Actions of planning
commission and city council.
19.48.120 Sectional planning area Plans-Effect of plan approval.
19.48.130 Sectional planning area plans-Modification requests and
procedures.
19.48.140 P-C Zone-Residential areas not subject to design review.
19.48.150 Recycling collection centers.
19.48.160 P-C zone-Exceptions.
19.48.010 Purpose.
The purposes of the planned community zone are to:
A. Provide for the orderly preplanning and long-term development of large tracts of
land which may contain a variety of land uses, but are under unified ownership or
development control, so that the entire tract will provide an environment of stable
· and desirable character;
B. Give the developer reasonable assurance that sectional development plans prepared
by him in accordance with an approved general development plan will be
acceptable to the city. Sectional development plans may include subdivision plans
and/or planned unit development plans as provided for in this title;
C. Enable the city to adopt measures providing for the development of the surrounding
area compatible with the planned community zone.
(Ord 2732 {}5 (part), 1998; Ord 1854 {}5 (part), 1979; Ord 1826 {}1 (part), 1978; Ord 128t
{}2 (pm), 1970; Ord 1212 §1 (part), 1969; prior code §33.5201(A)).
19.48.020 Regulations generally-Minimum acreage-Ownership restrictions.
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A. P-C zones may be established on parcels of land which are suitable for, and of
sufficient size to be planned and developed in a manner consistent with the purpose
of this chapter and the objectives of this division. No P-C zone shall include less
than fifty acres of contiguous lands;
B. All land in each P-C zone, or approved section thereof, shall be held in one
ownership or under unified control unless otherwise authorized by the planning
commission, except as provided for in Section I9.48.160. For the purposes of this
chapter, the written consent or agreement of all owners in a P-C zone to the
proposed general development plan and general development schedule shall be
deemed to indicate unified control.
(Ord 2732 {}1 (part), 1998; Ord 2673, 1996; Ord 2452A {}2, 1991; Ord 1854 {}5 (part),
1979; Ord 1826 {}1 (part), 1978; Ord 1281 {}2 (part), 1970; Ord 1212 {}1 (part), 1969; prior
code {}33.520(B)).
19.48.025 Community purpose facilities-Minimum acreage required-Permitted
uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land
designated as "Community Purpose Facilities (CPF)", as defined in Section
19.04.055.
B. A total of 1.39 acres of net usable land (including setbacks) per 1,000 population
shall be so designated for such facilities in any planned community, and shall be so
designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community
District Regulations of each planned community. This total acreage requirement
may be reduced only if the City Council determines, in conjunction with its
adoption ora SPA Plan, that a lesser amount of land is needed, based on availability
of shared parking with other facilities, or other community purpose facilities that
are guaranteed to be made available to the community. Any shared parking
arrangements pursuant to this section shall be guaranteed regardless of any future
changes in occupancy of facilities.
C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land
........ ~-~ ~'noi~o~ .............. j ~ .............. All of the following uses are
permitted subject to approval of a conditional use pen'nit:
1. Boy Scouts, Girl Scouts, and other similar organizations;
2. Social and hmnan service activities, such as Alcoholics Anonymous;
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3. Services for homeless;
4. Services for military personnel during the holidays;
5. Senior care and recreation;
6. Worship, spiritual growth and development, and teaching of traditional
family values;
7. Non-profit or for-profit day care facilities that are ancillary to any of the
above or as a primary use. For-profit facilities as primary use are subject to
further requirements and additional criteria as outlined in Section (F) below.
8. Private schools that are ancillary to any of the above;
9. Interim uses, subject to the findings outlined in 19.48.025 (E).
10. Recreational facilities, suzk as *..~11u~.. ~.~.-~,~'~'~° for non-profit organizations
(including homeowners associations) serving the-local community, subject.
to the provisions outlined in 19.48.040(B)(6)(d) and 19.48.025(H).
D. Criteria outlining the siting, property development standards, and operational
parameters such as location building setbacks, maintenance and design, and hours
of operation, shall be incorporated into the SPA's Planned Community District
Regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the
approval authority make certain findings, as outlined herein:
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Conditional Interim Uses. The City Council, with recommendations from the
Planning Commission, may approve a conditional use permit for an interim use in
accordance with the procedures for issuance of a said permit as outlined in chapter
19.14 of the Municipal Code provided the following findings are made:
1. That the CPF land use designation was established at least three years prior
to the consideration of any interim use, and the applicant agrees to continue
marketing the site for a permanent CFP use concurrent with the interim use.
2.That the interim use is not a residential use.
3.That the interim use is compatible with surrounding land uses.
4. That a community purpose facility (CPF) use is not imminent at the time the
application for the conditional use permit is filed.
5. That the interim use will terminate within five years of issuance of said
permit unless the City Council provides one years notice of intent to
terminate said conditional use permit.
6. That the denial of the interim use would constitute a hardship to the
landowner.
7. That if the interim use structure is designed as a permanent building, the site
design, floor plan and building design is planned as a conceptual component
of a permanent, permitted CPF use complex.
F. Findings. Approval of for-profit daycare facilities as a primary use shall be based
upon evidence determined to be sufficient by the City indicating that the CPF site
has been marketed for a period of 5 years for CPF land uses (other than for-profit
day care) as defined in Section 19.48.025 (C). The Director of Planning and
Building may waive this time restriction if the remaining CPF acreage within the
same SPA plan consists of at least 4 contiguous acres.
G Review by City Council. For each approved sectional planning area plan on which
is designated one or more community purpose facility uses, the City Council shall
review said plan annually for the purpose of determining the actual market interest
in the purchase or lease of said land so designated and the marketing activity
associated therewith.
H. The site upon which a recreational facility is located shall be no less than 0.5 usable
acres (usable means level areas with maximum slope of 5:1), and include
recreational facilities such as: a) multi-purpose hard court/ field; b) childrens play
area; c) outdoor community gathering place; d) outdoor cooking facility; e) level
lawn areas; fl swimming pool; g) other sport facility determined to be suitable and
desirable by the Director of Planning and Building for the individual neighborhood it
is intended to serve.
(Ord 2732 §5(part), 1998).
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19.48.030 Application-Method-Documents required.
A P-C zone may be initiated by one or more owners, by a developer representing said
owners or by the city upon application made in the manner specified in this chapter. (Ord
2732 {}5 (part), 1998; Ord 2673, 1996; Ord 1854 {}5 (part), 1979; Ord 1826 {}1 (part), 1978;
Ord 1281{}2 (part), 1970; Oral 1212 {}1 (part), 1969; pr/or code {}33.520(C)(part)).
19.48.040 Application-General development plan required-Contents required.
A. The application shall include a general development plan which shall consist of a
plan diagram and text. The application shall be accompanied by the Required
Fee(s). The plan diagram shall show the following:
I. The topographic character of the land;
2. Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4. The approximate location of all traffic ways; except those solely serving
abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and
undisturbed natural land; and,
6. The approximate location of different residential densities of dwelling
types.
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B. The application shall include a text which indicates:
1. Description of the project, including the boundaries and names of proposed
sectional planning areas;
2. The anticipated sequential development of each section of the development
for wkich specific uses are intended or for which sectional planning area
plans will be submitted;
3. The approximate area of each sectional planning area of the development
and the area of each separate land use;
4. For residential development or residential areas of any P-C zone
development:
a. The approximate number of dwelling units proposed by type of
dwelling. This may be stated as a range with maximum and
minimum number of units of each type,
b. The approximate total population anticipated in the entire
development and in each sectional planning area. This may be
stated as a range with a maximum and minimum number of persons,
c. The general criteria relating to height, open space, and building
coverage,
d. The number of dwelling units per gross acre proposed for each
sectional planning area of the development,
e. The approximate land area and number of sites proposed for public
use of each type,
f. Where appropriate, the approximate retail sales area space in square
feet and gross area in acres proposed for commercial development
with standards of off-street parking and landscaping and circulation
for vehicles and pedestrians;
5. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional
planning area thereof,
b. Anticipated employment in the entire development and in each
sectional planning area thereof. This may be stated as a range,
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c. Methods proposed to control or limit dangerous or objectionable
elements, if any, which may be caused or emitted by proposed uses.
Such dangerous or objectionable elements may include fire,
explosion, noise or vibration, smoke, dust, odor, or other form of air
pollution, heat, cold, dampness, electric or other disturbance, glare,
liquid or solid refuse or waste or other substance, condition or
element which might adversely affect the surrounding area,
d. The approximate standards of height, open space, buffeting,
landscaping, pedestrian and vehicular circulation, off-street parking
and loading proposed for the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each
sectional planning area thereof,
b. Significant applicable information with respect to enrollment,
residence, employment, patients, attendance, and other pertinent
social or economic characteristics of development,
c. The approximate standards of height, open space, buffeting,
landscaping, pedestrian and vehicular circulation, off-street parking
and loading, proposed for the intended structures or uses.
dis.+zSbufien of CPF ....... ;+";" '~ SD&, ~T%D ........ 11
gha!! not nti!ize more th-~ 35°,5 of*&e ever. a!! SPA, GDP or
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ReCreational facility l~d uses shall not utilize more th~ 35% of the
overall CPF acreage required for CPF M~ter PI~ ~ea. Sites
identified for Recreational Facilities in CPF l~d districts shall meet
the provisions outlined in Section 19.48.025 (H). No p~k or open
space credit shall be ~anted for recreational faciliW l~d uses ~d
developments utilizing ~is option
~ere recreational facilities ~e proposed to be located in CPF l~d
use dis~cts, a CFP M~ter PI~ is required. The M~ter PI~ shall
set foah a det~led list of ~e ~d nmber of recreational facilities
for the specific site, show ~e specific boodles of said pl~ which
may be the SPA, GDP or Plied Co--mW boodles (or more
th~ one GDP ~ deemed appropriate by the Director of Pl~ng
~d Building); the disffibution of existing ~d proposed CPF
desi~ated p~cels withn the M~ter PI~ ~ea; ~d ~e tabulation of
individual sites acreages whch shall be prepmed ~d inco~orated
into the Plied Co~uniW's Sectional Pl~ng ~ea (SPA) pl~
~d into the General Development PI~ (GDP) if the CFP Master
PI~ involves more th~ one SPA pl~. The inco~oration of the
CPF M~ter PI~ into ~e SPA or GDP shall be done ~ough a SPA
or GDP ~en~enffadoption p~su~t to Sections 19.48.080 ~d
19.48.130.
(Ord 2732 §5 (part), 1998; Ord 2506 {}1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5
(part), 1979; Ord 1826 {}1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969;
prior code §33.520(C)(1)).
19.48.050 Findings required for recommendation of establishment.
The planning commission, after public hearing as provided in Sections 19.12.010 through
19.12.110 of this title, may recommend the establishment of a P-C zone; provided it finds
that the facts submitted with the application and presented at the hearing establish by clear
and convincing evidence that:
A. The proposed development as described by the general development plan is in
conformity with the provision of the Chula Vista general plan.
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B. A planned community development can be initiated by establishment of specific
uses or sectional planning area plans within two years of the establishment of the
planned community zone.
C. In the case of proposed residential development, that such development will
constitute a residential environment of sustained desirability and stability; and that
it will be in harmony with or provide compatible variety to the character of the
surrounding area, and that the sites proposed for public facilities, such as schools,
playgrounds and parks, are adequate to serve the anticipated population and appear
acceptable to the public authorities having jurisdiction thereof.
D. In the case of proposed industrial and research uses, that such development will be
appropriate in area, location, and over-all design to the purpose intended; that the
design and development standards are such as to create a research or industrial
environment of sustained desirability and stability; and, that such development will
meet performance standards established by this title.
E. In the case of institutional, recreational, and other similar nonresidential uses, that
such development will be appropriate in area, location and over-all planning to the
propose proposed, and that surrounding areas are protected from any adverse
effects from such development.
F. The streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon.
G. Any proposed commercial development can be justified economically at the
location(s) proposed and will provide adequate commercial facilities of the types
needed at such proposed location(s).
H. The area surrounding said development can be planned and zoned in coordination
and substantial compatibility with said development.
(Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281
§2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(2)).
19.48.060 P-C zone-Planning C__~ommission action.
Following a public hearing, and upon making the required findings, the planning
commission shall make a recommendation to the city council for approval or modified
approval of a proposed P-C zone, and shall also adopt a resolution reconunending that the
city council adopt the general development plan as submitted or as modified. Such
recommendation and the recommended general development plan shall be forwarded to the
city council for its consideration. If unable to make the required findings, the planning
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commission shall deny said application. An appeal from the action of the planning
commission may be filed in accordance with Section 19.12.110. (Ord 2732 {}5 (part),
1998; Ord 1854 {}5 (part), 1979; Ord 1826 {}1 (part), 1978; Ord 1281 §2 (part), 1970; Ord
1212 §1 (pm), 1969; prior code §33.520(D)).
19.48.070 P-C zone-City council action-Compliance with General Development
plan required.
Upon receipt of a recommendation by the planning commission for approval or modified
approval of any P-C zone, the city council shall set a public heating on the matter.
A. Following its public heating, the city council may adopt an amendment to the
zoning ordinance establishing a P-C zone, or may deny the proposed amendment.
The city council shall make no modification of the proposed amendment as
recommended by the planning commission unless and until such modification has
been referred to the planning commission for additional study, report and
recommendation. Such additional study, report and recommendation shall be made
by the planning commission within forty days of the date of the referral, unless and
except as the city council may grant the planning commission additional time for its
review of the matter.
B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by
resolution, the general development plan as defined in Section 19.48.040, except as
provided for in Section 19.48.160.
C. Following the adoption of the P-C zone amendment and the general development
plan, all development within the district shall thereafter be in substantial conformity
with the adopted general development plan or such modifications thereto as may
have been approved.
(Ord 2732 {}5 (part), 1998; Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part),
1978; Ord 1281 §2 (part), 1970; Ord 1212 {}1 (part), 1969; prior code §33.520(E)).
19.48.080 General development plan-Modification requests and procedures.
A. From time to time it may be necessary and desirable to modify the approved
general development plan. Modification of such a plan may be initiated by the
property owner, his authotized agent or developer.
B. Requests for modifications shall be submitted to the planning commission on a
prescribed form and shall be accompanied by such additional maps, statements, or
other information as may be required to support the proposed modification and the
Required Fee(s).
(R 7/02)
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C. The planning commission shall conduct a public hearing on. all proposed
modifications. The planning commission may recommend approval, conditional
approval, or denial of a proposed modification to the city council, which shall
conduct a public hearing thereon.
D. Modification to an approved general development plan shall be made only by
resolution of the city council. Within thirty days after receipt of a recommendation
from the planning commission, the city council shall approve or deny the proposed
modification.
(Ord 2732 {}5 (part), 1998; Ord 2506 {}1 (part), 1992; Ord 1961 {}I (part), 1982; Ord 1854
{}5 (part), 1979; Ord 1826 {}1 (part), 1978).
19.48.090 Sectional planning areas and sectional planning area plans-
Requirements and content.
A. All P-C zones shall be divided into sectional planning areas, except as provided for
in Section 19.48.160. These areas of subcommunities shall be depicted on the plan
diagram of the general development plan of a P-C zone, and shall be addressed in
the text thereof.
B. Sectional planning areas shall be composed of identifiable planning units, within
which common services and facilities, a strong intemal unity, and an integrated
pattern of land use, circulation, and townscape planning are readily achievable.
Where practicable, sectional planning areas shall have discernible physical
boundaries.
C. Prior to any development within a sectional planning area, the developer shall
submit a sectional planning area plan, accompanied by the Required Filing Fee(s),
and a completed, official application, to the planning commission for public
hearing, consideration, and recommendatory action, unless such sectional planning
area plans are not required by the text of an adopted general development plan. The
sectional planning area plan shall include the following site utilization plan and
documents.
1. A site utilization plan of the sectional planning area at a scale of one inch
equals two hundred feet minimum or as determined by the director of
planning. The plan shall extend a minimum of three hundred feet beyond
the boundaries of the sectional planning area and show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
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c. Preliminary grading (including slope ratios and spot elevations
where appropriate);
d. Existing and proposed streets (This shall include all public and
private streets as well as their approximate grades and typical
widths. The names of the existing streets shall be indicated);
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
i. Permanent physical features (i.e., water towers, transmission towers,
drainage channels, etc.);
j. Land uses (include the acreage of each) for;
(1) Parks,
(2) Open space,
(3) Schools (indicate type),
(4) Public and quasi-public facilities (include type),
(5) Residential:
Dwelling type (i.e., single family, duplex, attached, etc.)
Lot lines
Lot size
Number of units (indicate density for each dwelling type)
Parking (covered or open parking and parking ratio)
Typical floor plans and site plans at a minimum scale of one
inch equals twenty feet. (The site plan shall include
sufficient detail of adjacent development to determine the
relationship of driveways, landscaping, walks, buildings,
etc.)
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2'-/
The building elevations of each type of structure (including
exterior colors and materials)
(6) Commercial:
Location and proposed use of each structure;
The building elevations mad floor plans of each structure
(include exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(7) Industrial:
Location and proposed use of each structure;
The building elevations and floor plans of each structure
(include exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(8) Community Purpose Facilities:
Location and acreage of sites, in conformance with Section
19.48.020C.
A specific listing of types of uses to be included in this
category, which are compatible with the permitted uses in
the planned community.
Property development standards, including minimum lot
size, setbacks, and height limitations.
2. Development standards (i.e., permitted land uses, lot coverage, height and
bulk requirements, signs, etc.) for each land use area and designation.
3. Development to occur in phases shall be so indicated on the plan. A
skeletal plan shall be prepared for those areas indicated for future
development. The skeletal plan shall indicate circulation, building
locations, preliminary grading, areas devoted to landscaping, density and
parking. The submission of each subsequent phase will require a new
application and the required fee(s) for a modification of a sectional planning
area plan, together with the required detail plans.
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(Ord 2732 {}5 (part), 1998; Ord 2673, 1996; Ord 2506 §1 (part), 1992; Ord 2452A §4,
1991; Ord 1961 {}1 (pan), 1982; Ord 1854 §5 (pm), 1979; Ord 1826 §1 (pan), 1978).
19.48.100 Sectional planning area plans-Findings required for recommendation
of approval.
The planning commission, after public hearing, may recommend the approval of a sectional
planning area plan; provided it finds that the facts submitted with the plan and presented at
the heating establish that:
A. The proposed sectional planning area plan is in conformity with the general
development plan of the P-C zone, any adopted specific plans, and the Chula Vista
general plan and its several elements.
B. The proposed sectional planning area plan would promote the orderly,
sequentialized development of the involved sectional planning area.
C. The proposed sectional planning area plan would not adversely affect adjacent land
use, residential enjoyment, circulation, or environmental quality.
(Ord 1854 §5 (part), 1979; Ord 1826 {}1 (part), 1978).
19.48.110 Sectional planning area plans-Actions of Planning Commission and city
council.
A. If, from the facts presented, the commission is unable to make the fmdings set forth
in Section 19.48.100, it shall recommend disapproval of the application.
B. The commission may recommend disapproval of a sectional planning area plan;
may recommend approval of said plan as submitted; or may recommend approval
of said plan subject to specified modifications.
C. The city council, upon receipt of the recommendation of the planning commission
on a submitted sectional planning area plan, shall conduct a public hearing thereon.
The city council may approve, deny, or modify the plan. If the city council desires
to modify a sectional planning area plan, such modification shall be referred back to
the planning commission for written recommendations before adoption. The failure
of the commission to report within twenty-eight days after reference shall be
deemed to be approval of said modification.
(Ord 1854 §5 (pan), 1979; Ord 1826 §1 (pan), 1978).
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19.48.120 Sectional planning area plans-Effect of plan approval.
The approval of a sectional planning area plan shall constitute a refinement of the adopted
general development plan of the P-C zone. (Ord 1854 §5 (part), 1979; Ord 1826 §1 (part),
1978).
19.48.130 Sectional planning area plans-Modification requests and procedures.
A. From time to time, it may be necessary and desirable to modify the approved
sectional planning area plan. Modification of such plan may be initiated by the
property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the planning commission on a
prescribed form and shall be accompanied by such additional maps, statements, or
other information as may be required to support the proposed modification and the
required fee.
C. The planning commission shall conduct a public hearing on all proposed
modifications. The planning commission may recommend approval, conditional
approval, or denial of a proposed modification to the city council which shall
conduct a public heating thereon.
D. Modification to an approved sectional planning area plan shall be made only by
resolution of the city council. Within thirty days after receipt of a recommendation
from the planning commission, the city council shall approve or deny the proposed
modification.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
19.48.140 P-C Zone-Residential areas not subject to Design Review.
Construction of dwelling units or any remodeling or additions to existing dwellings within
residential areas in the P-C zone not subject to design review requirements must comply
with the provisions outlined in Sections 19.22.060, 19.22.160 and 19.22.170 of this
ordinance. (Ord 2144 §4 (part), 1986).
19.48.150 Recycling collection centers.
Recycling collection centers may be permitted within commercial or industrial areas,
subject to the provisions of Section 19.58.340. (Ord 2252 §8 (1988); Ord 2233 §8 (1987)).
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19.48.160 P-C Zone-Exceptions.
Exceptions to the above requirements include the following:
A. Individual parcels under separate ownership or control, but adjacent to land with an
approved general development plan will not require approval of a general
development plan concurrent with the adoption of the P-C zone. However,
subsequent implementation of tbe P-C zone pursuant to the provisions contained
within this section, and development of said area will require the approval of one of
the following: a) An amen&nent to an adjacent general development plan and
adoption and/or amendment of sectional planning area plan which would include
the subject area, or b) A precise plan, as defined in Section 19.14.570 through
19.14.581, for development of the area consistent with the provisions of paragraph
C, below.
B. Any land area that is subject to the exceptions contained in this section will not be
required to have unified ownership or control upon adoption of the P-C zone.
However, unified ownership or control as defined in Section 19.48.020, paragraph
B, shall be required of the subject land area prior to adoption of an amended general
development plan and adoption and/or amendment of a sectional planning area
plan.
C. Underlying land use regulations, including permitted, accessory and conditional
land uses, for P-C zone areas which do not have an approved general development
plan shall be subject to the provisions of a zoning designation which would be
consistent with the general plan land use designation for the property. Establishing
specific underlying zoning regulations will occur at the time of adoption of the P-C
zone.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTERS 19.04 AND 19.48
OF THE CHULA VISTA MUNICIPAL CODE
1. RECITALS
A. Application for Discretionary Approval
WHEREAS, a duly verified application for an amendment to the Chula Vista
Municipal Code was filed with the Planning and Building Department of the City of
Chula Vista on April 9, 2002 as sponsored by the City of Chula Vista ("Applicant");
and,
WHEREAS, said application requests certain amendments to Chapter 19.04,
Definitions, and 19.48, P-C Planned Community Zone; specifically modification of
Chapter 19.04, Section 19.04.055 to modify "community purpose facility" definition,
modification of Chapter 19.48, P-C Planned Connnunity Zone, Section 19.48.025 to
and add language related homeo~mers associations; modify provisions for interim
uses and add required findings for recreational facilities, and modification to Section
19.48.040 to modify the requirements for allowing recreational uses within CFP land
use district ("Zoning Ordinance Amendment"); and,
B. Environmental Determination
WHEREAS, the Environmental Review Coordinator has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQZA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQAi and
C. Planning Conunission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on, and voted to recommend that the City Council approve the Project, based upon
the findings listed below.
D. City Council Record of Applications
WHEREAS, a duly called and notice public hearing was held before the City Council
of the City of Chula Vista on October 8, 2002, on the Discretionary Approval
Application, received the recommendations of the Planning Commission, and heard
public testimony with regard to same; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
I1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on this project held on September 25, 2002, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
II1. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that the activity is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
IV. FINDINGS
The City Council hereby finds that the proposed amendments to the Chula Vista Municipal
Code will address concerns of the development community concerning hardships expressed by the
development community regarding the requirements for providing for CFP acreage in the master
planned communities of Eastern Chula Vista by allo~ving certain HOA facilities to qualify for CFP
credit as well as reduce the amount of time before which a developer may request an interim use on a
CFP designated parcel. The proposed amendments are consistent with the City of Chula Vista
General Plan and public necessity, convenience, general welfare, and good zoning practice support
the amendments.
V. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to the
Chuta Vista Municipal Code, specifically to Chapter 19.04 and Chapter 19.48 as depicted in Exhibit
"A". attached hereto.
This ordinance shall take effect and be in full force and effect on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
Robert A. Leiter Job~'I~. ~aheny
Planning & Building Director City Attorney
H:\PLANNING~JEFFt2002 Oral P£ CommunityZone.doc
2tt-Zl
EXHIBIT "A"
Community Purpose Facilities - Proposed Amendment Text
Chapter 19.04
DEFINITIONS
19.04.55 Community purpose facility.
"Community purpose facility" means a land use designation in a planned community
intended for non-profit and certain for-profit land uses as listed in section 19.48.025(c).
(Ord 2732 §5 (part), I998; Ord 2452A §1, 1991).
Chapter 19.48
P-C - PLANNED COMMUNITY ZONE
Sections:
19.48.010 Purpose.
19.48.020 Regulations generally-Minimum acreage-Ownership
restrictions.
19.48.025 Community purpose facilities-Minimum acreage required-
permitted uses.
19.48.030 Application-Method-Documents required.
19.48.040 Application-General development plan required-Contents
required.
19.48.050 Findings required for recommendation of establishment.
19.48.060 P-C zone-Planning commission action.
19.48.070 P-C zone-City council action-Compliance with general
development plan required.
19.48.080 General development plan-Modification requests and
procedures.
19.48.090 Sectional planning areas and sectional planning area
plans-Requirements and contents.
19.48.100 Sectional planning area plans-Finding required for
recommendation of approval.
19.48.110 Sectional planning area plans-Actions of planning
commission and city council.
19.48.120 Sectional planning area Plans-Effect of plan approval.
(R 7/02)
19.48.130 Sectional planning area plans-Modification requests and
procedures.
19.48.140 P-C Zone-Residential areas not subject to design review.
19.48.150 Recycling collection centers.
19.48.160 P-C zone-Exceptions.
19.48.010 Purpose.
The purposes of the plmmed commuuity zone are to:
A. Provide for the orderly preplarming and long-term development of large tracts of
land which may contain a variety of land uses, but are under unified ownership or
development control, so that the entire tract will provide an environment of stable
and desirable character;
B. Give the developer reasonable assurance that sectional development plans prepared
by him in accordance with an approved general development plan will be
acceptable to the city. Sectional development plans may include subdivision plans
and/or planned unit development plans as provided for in this title;
C. Enable the city to adopt measures providing for the development of the surrounding
area compatible with the planned community zone.
(Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 91 (part), 1978; Ord 1281
§2 (part), 1970; Ord 1212 91 (part), 1969; prior code 933.5201(A)).
19.48.020 Regulations generally-Minimum acreage-Ownership restrictions.
A.. P-C zones may be established on parcels of land which are suitable for, and of
sufficient size to be plarmed and developed in a manner consistent with the purpose
of this chapter and the objectives of this division. No P-C zone shall include less
than tiny acres of contiguous lands;
B. All land in each P-C zone, or approved section thereof, shall be held in one
ownership or under unified control unless otherwise authorized by the planning
commission, except as provided for in Section 19.48.160. For the purposes of this
chapter, the' written consent or agreement of all owners in a P-C zone to the
proposed general development plan and general development schedule shall be
deemed to indicate unified control.
(Ord 2732 91 (part), 1998; Ord 2673, 1996; Ord 2452A 92, 1991; Ord 1854 95 (part),
1979; Ord 1826 91 (part), 1978; Ord 1281 92 (part), 1970; Ord 1212 91 (part), 1969; prior
code 933.520(B)).
(R 7/02)
2
2q-z
19.48.025 Community purpose facilities-Minimum acreage required-Permitted
uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land
designated as "Community Purpose Facilities (CPF)", as defined in Section
19.04,055.
B. A total of 1.39 acres of net usable land (including setbacks) per 1,000 population
shall be so designated for such facilities in any planned community, and shall be so
designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community
District Regulations of each planned community. This total acreage requirement
may be reduced only if the City Council determines, in conjunction with its
adoption of a SPA Plan, that a lesser amount of land is needed, based on availability
of shared parking with other facilities, or other community purpose facilities that
are guaranteed to be made available to the community. Any shared parking
arrangements pursuant to this section shall be guaranteed regardless of any future
changes in occupancy of facilities.
C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land
use designation. Ali of the following uses are permitted subject to approval of a
conditional use permit:
1. Boy Scouts, Girl Scouts, and other similar organizations;
2. Social and human service activities, such as Alcoholics Anonymous;
3. Services for homeless;
4. Services for military personnel during the holidays;
5. Senior care and recreation;
6. Worship, spiritual growth and development, and teaching of traditional
family values;
7. Non-profit or for-profit day care facilities that are ancillary to any of the
above or as a primary use. For-profit facilities as primary use are subject to
further requirements and additional criteria as outlined in Section (F) below.
8. Private schools that are ancillary to any of the above;
9. lnterim uses, subject to the findings outlined in 19.48.025 (E).
7/05)
10. Recreational facilities for non-profit organizations (including homeowners
associations) serving the local community, subject to the provisions
outlined in 19.48.040(B)(6)(d) and 19.48.025(H).
D. Criteria outlining the siting, property development standards, and operational
parameters such as location building setbacks, maintenance and design, and hours
of operation, shall be incorporated into the SPA's Planned Community District
Regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the
approval authority make certain findings, as outlined herein:
Conditional Interim Uses. The City Council, with recommendations from the
Planning Commission, may approve a conditional use permit for an interim use in
accordance with the procedures for issuance of a said permit as outlined in chapter
19.14 of the Municipal Code provided the following findings are made:
1. That the CPF land use designation was established at least three years prior
to the consideration of any interim use, and the applicant agrees to continue
marketing the site for a pem~anent CFP use concurrent with the interim use.
2.That the interim use is not a residential use.
3.That the interim use is compatible with surrounding land uses.
4. That a community purpose facility (CPF) use is not imminent at the time the
application for the conditional use pem~it is filed.
5. That the interim use will terminate within five yea~s of issuance of-s-aid
permit unless the City Council provides one years notice of intent to
terminate said conditional use permit.
6. That the denial of the interim use would constitute a hardship to the
landowner.
7. That if the interim use structure is designed as a permanent building, the site
design, floor plan and building design is planned as a conceptual component
of a permanent, permitted CPF use complex.
F. Findings. Approval of for-profit daycare facilities as a primary use shall be based
upon evidence determined to be sufficient by the City indicating that the CPF site
has been marketed for a period of 5 years for CPF land uses (other than for-profit
day care) as defined in Section 19.48.025 (C). The Director of Planning and
Building may waive this time restriction if the remaining CPF acreage within the
same SPA plan consists of at least 4 contiguous acres.
G Review by City Council. For each approved sectional planning area plan on which
is designated one or more community purpose facility uses, the City Council shall
review said plan annually for the purpose of determining the actual market interest
in the pumhase or lease of said land so designated and the marketing activity
associated therewith.
(R 7/02)
H. The site upon which a recreational facility is located shall be no less than 0.5 usable
acres (usable means level areas with maximum slope of 5:1), and include
recreational facilities such as: a) multi-purpose hard courff field; b) childrens play
area; c) outdoor community gathering place; d) outdoor cooking facility; e) level
!awn area; f) swimming pool; g) other sport facility determined to be suitable and
desirable by the Director of Planning and Building for the individual neighborhood it
is intended to serve.
(Ord 2732 §5 (part), 1998).
19.48.030 Application-Method-Documents required.
A P-C zone may be initiated by one or more owners, by a developer representing said
owners or by the city upon application made in the manner specified in this chapter. (Ord
2732 §5 (part), 1998; Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978;
Ord 1281§2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(part)).
19.48.040 Application-General development plan required-Contents required.
A. The application shall include a general development plan which shall consist of a
plan diagram and text. The application shall be accompanied by the Required
Fee(s). The plan diagram shall show the following:
1. The topographic character of the land;
2. .Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4. The approximate location of all traffic ways; except those solely serving
abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and
undisturbed natural land; and,
6. The approximate location of different residential densities of dwelling
types.
B. The application shall include a text which indicates:
(R 7/02)
1. Description of the project, including the boundaries and names of proposed
sectional planning areas;
2. The anticipated sequential development of each section of the development
for which specific uses are intended or for which sectional planning area
plans will be submitted;
3. The approximate area of each sectional planning area of the development
and the area of each separate land use;
4. For residential development or residential areas of any P-C zone
development:
a. The approximate number of dwelling units proposed by type of
dwelling. This may be stated as a range with maximum and
minimum number of units of each type,
b. The approximate total population anticipated in the entire
development and in each sectional planning area. This may be
stated as a range with a maximum and minimum number of persons,
c. The general criteria relating to height, open space, and building
coverage,
d. The number of dwelling units per gross acre proposed for each
sectional planning area 6fthe development,
e. The approximate land area and number of sites proposed for public
use of each type,
f. Where appropriate, the approximate retail sales area space in square
feet and gross area in acres proposed for conunercial development
with standards of off-street parking and landscaping and circulation
for vehicles and pedestrians;
5. For com3nercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional
planning area thereof,
b. Anticipated employment in the entire development and in each
sectional planning area thereof. This may be stated as a range,
c. Methods proposed to control or limit dangerous or objectionable
elements, if any, which may be caused or emitted by proposed uses.
(R 7/02)
6
7q-Z7
Such dangerous or objectionable elements may include fire,
explosion, noise or vibration, smoke, dust, odor, or other form of air
pollution, heat, cold, dampness, electric or other disturbance, glare,
liquid or solid refuse or waste or other substance, condition or
element which might adversely affect the surrounding area,
d. The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street parking
and loading proposed for the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each
sectional planning area thereof,
b. Significant applicable information with respect to enrollment,
residence, employment, patients, attendance, and other pertinent
social or economic characteristics of development,
c. The approximate standards of height, open space, buffering,
landscaping, pedegtrian and vehicular circulation, off-street parking
and Ioading, proposed for the intended structures or uses.
d. Recreational facility land uses shall not utilize more than 35% of the
overall CPF acreage required for CPF Master Plan area. Sites
identified for Recreational Facilities in CFP land districts shall meet
the provisions outlined in Section 19.48.025 (H). No park or open
space credit shall be ~anted for recreational facility land uses and
developments utilizing this option.
Where recreational facilities are proposed to be located in CPF land
use districts, a CFP Master Plan is required. The Master Plan shall
set forth a detailed list of type and number of recreational facilities
for the specific site, show the specific boundaries of said plan which
may be the SPA, GDP or Planned Community boundaries (or more
than one GDP as deemed appropriate by the Director of Planning
and Building); the distribution of existing and proposed CPF
designated parcels within the Master Plan area; and the tabulation of
individual sites acreages which shall be prepared and incorporated
into the Planned Community's Sectional Planning Area (SPA) plan
and into the General Development Plan (GDP) if the CFP Master
Plan involves more than one SPA plan. The incorporation of the
CPF Master Plan into the SPA or GDP shall be done through a SPA
or GDP amendment/adoption pursuant to Sections 19.48.080 and
19.48.130.
(R7/02)
Z t_2$ 7
(Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5
(part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969;
prior code §33.520(C)(1)).
19.48.050 Findings required for recommendation of establishment.
/he plam~ing commission, after public heating as provided in Sections 19.12.010 through
19.12.110 of this title, may recommend the establishment of a P-C zone; provided it finds
that the facts submitted with the application and presented at the heating establish by clear
and convincing evidence that:
A. The proposed development as described by the general development plan is in
conformity with the provision of the Chula Vista general plan.
B. A planned community development can be initiated by establishment of specific
uses or sectional planning area plm~s within two years of the establishment of the
planned community zone.
C. In the case of proposed residential development, that such development will
constitute a residential environment of sustained desirability and stability; and that
it will be in harmony with or provide compatible variety to the character of the
surrounding area, and that the sites proposed for public facilities, such as schools,
playgrounds and parks, are adequate to serve the anticipated population and appear
acceptable to the public authorities having jurisdiction thereof.
D. In the case of proposed industrial and research uses, that such development will be
appropriate in area, location, and over-all design to the purpose intended; that the
design and development standards are such as to create a research or industrial
environment of sustained desirability and stability; and, that such development will
meet performance standards established by this title.
E. In the case of institutional, recreational, and other similar nonresidential uses, that
such development will be appropriate in area, location and over-all planning to the
purpose proposed, and that surrounding areas are protected fi.om any adverse
effects from such development.
F. The streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon.
G. Any proposed commercial development can be justified economically at the
location(s) proposed and will provide adequate commercial facilities of the types
needed at such proposed location(s).
(R 7/02)
8
H. The area surrounding said development can be planned and zoned in coordination
and substantial compatibility with said development.
(Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), I978; Ord 1281
§2 (pan), 1970; Ord 1212 § 1 (part), 1969; prior code §33.520(C)(2)).
19.48.060 P-C zone-Planning Commission action.
Following a public hearing, and upon making the required findings, the planning
commission shall make a recommendation to the city council for approval or modified
approval of a proposed P-C zone, and shall also adopt a resolution recommending that the
city council adopt the general development plan as submitted or as modified. Such
recommendation and the recommended general development plan shall be forwarded to the
city council for its consideration. If unable to make the required findings, the planning
commission shall deny said application. An appeal from the action of the planning
commission may be filed in accordance with Section 19.12.110. (Ord 2732 §5 (part),
1998; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord
1212 § I (part), 1969; prior code §33.520(D)).
19.48.070 P-C zone-City council action-Compliance with General Development
plan required.
Upon receipt of a recommendation by the planning commission for approval or modified
approval of any P-C zone, the city council shall set a public hearing on the matter.
A. Following its public hearing, the city council may adopt an amendment to the
zoning ordinance establishing a P-C zone, or may deny the proposed amendment.
The city council shall make no modification of the proposed amendment as
recommended by the planning commission unless and until such modification has
been referred to the planning commission for additional study, report and
recommendation. Such additional study, report and recomanendation shall be made
by the planning commission within forty days of the date of the referral, unless and
except as the city council may grant the plarming commission additional time for its
review of the matter.
B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by
resolution, the general development plan as defined in Section 19.48.040, except as
provided for in Section 19.48.160.
C. Following the adoption of the P-C zone amendment and the general development
plan, all development within the district shall thereafter be in substantial conformity
(R 7/02)
with the adopted general development plan or such modifications thereto as may
have been approved.
(Ord 2732 g5 (part), 1998; Ord 2673, 1996; Ord 1854 g5 (part), 1979; Ord 1826 gl (part),
1978; Ord 1281 §2 (part), 1970; Ord 1212 gl (part), 1969; prior code §33.520(E)).
19.48.080 General development plan-Modification requests and procedures.
A. From time to time it may be necessary and desirable to modify the approved
general development plan. Modification of such a plan may be initiated by the
property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the planning commission on a
prescribed form and shall be accompanied by such additional maps, statements, or
other information as may be required to support the proposed modification and the
Required Fee(s).
C. The plm~ning commission shall conduct a public hearing on all proposed
modifications. The planning commission may recommend approval, conditional
approval, or denial of a proposed modification to the city council, which shall
conduct a public hearing thereon.
D. Modification to an approved general development plan shall be made only by
resolution of the city council. Within thirty days after receipt of a recommendation
from the planning commission, the city council shall approve or deny the proposed
modification.
(Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), I992; Ord 1961 gl (pan), 1982; Ord 1854
§5 (pan), 1979; Ord 1826 §1 (pan), 1978).
19.48.090 Sectional planning areas and sectional planning area plans-
Requirements and content.
A. All P-C zones shall be divided into sectional planning areas, except as provided for
in Section 19.48.160. These areas of subcommunities shall be depicted on the plan
diagram of the general development plan of a P-C zone, and shall be addressed in
the text thereof.
B. Sectional planning areas shall be composed of identifiable planning units, within
which conm~on services and facilities, a strong internal unity, and an integrated
pattern of land use, circulation, and townscape planning are readily achievable.
Where practicable, sectional planning areas shall have discernible physical
boundaries.
(R 7/02)
C. Prior to any development within a sectional plm~ning area, the developer shall
submit a sectional planning area plan, accompanied by the Required Filing Fee(s),
and a completed, official application, to the plmming commission for public
bearing, consideration, and recommendatory action, unless such sectional planning
area plans are not required by the text of an adopted general development plan. The
sectional planning area plan shall include the following site utilization plan and
documents.
1. A site utilization plan of the sectional planning area at a scale of one inch
equals two hundred feet minimum or as determined by the director of
planning. The plan shall extend a minimm~ of three hundred feet beyond
the boundaries of the sectional planning area and show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
c. Preliminary grading (including slope ratios and spot elevations
where appropriate);
d. Existing and proposed streets (This shall include all public and
private streets as well as their approximate grades and typical
widths. The names of the existing streets shall be indicated);
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
i. Permanent physical features (i.e., water towers, transmission towers,
drainage channels, etc.);
Land uses (include the acreage of each) for;
(1) Parks,
(2) Open space,
(3) Schools (indicate type),
(4) Public and quasi-public facilities (include type),
(R 7/02)
(5) Residential:
Dwelling type (i.e., single farnily, duplex, attached, etc.)
Lot lines
Lot size
Number of units (indicate density for each dwelling type)
Parking (covered or open parking and parking ratio)
Typical floor plans and site plans at a minimum scale of one
inch equals twenty feet. (The site plan shall include
sufficient detail of adjacent development to determine the
relationship of driveways, landscaping, walks, buildings,
etc.)
The building elevations of each type of structure (including
exterior colors and materials)
(6) Commercial:
Location and proposed use of each structure;
The building elevations and floor plans of each structure
(include exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(7) Industrial:
Location and proposed use of each structure;
The building elevations and floor plans of each structure
(include exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(8) Community Purpose Facilities:
Location and acreage of sites, in conformance with Section
19.48.020C.
(R 7/02)
A specific listing of types of uses to be included in this
category, which are compatible with the permitted uses in
the planned community.
Property development standards, including minimum lot
size, setbacks, and height limitations.
2. Development standards (i.e.~ permitted land uses, lot coverage, height and
bulk requirements, signs, etc.) for each land use area and designation.
3. Development to occur in phases shall be so indicated on the plan. A
skeletal plan shall be prepared for those areas indicated for future
development. The skeletal plan shall indicate circulation, building
locations, preliminary grading, areas devoted to landscaping, density and
parking. The submission of each su.bsequent phase will require a new
application and the required fee(s) for a modification of a sectional planning
area plan, together with the required detail plans.
(Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 2506 §I (part), 1992; Ord 2452A §4,
1991; Ord 1961 §I (part), 1982; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
19.48.100 Sectional planning area plans-Findings required for recommendation
of approval.
The plamfing commission, after public heating, may recommend the approval of a sectional
planning area plan; provided it finds that the facts submitted with the plan and presented at
the hearing establish that:
A. The proposed sectional plamfing area plan is in conformity with the general
development plan of the P-C zone, any adopted specific plans, and the Chula Vista
general plan and its several elements.
B. The proposed sectionaI planning area plan would promote the orderly,
sequentialized development of the involved sectional planning area.
C. The proposed sectional planning area plan would not adversely affect adjacent land
use, residential enjoyment, circulation, or environmental quality.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
19.48.110 Sectional planning area plans-Actions of_Planning Commission and city
council.
(R 7/02)
2.~ _~zl/' 13
A. Iff from the facts presented, the commission is unable to make the findings set forth
in Section 19.48.100, it shall recommend disapproval of the application.
B. The commission may recommend disapproval of a sectional planning area plan;
may recommend approval of said plan as submitted; or may recommend approval
of said plan subject to specified modifications.
C. The city council, upon receipt of the recommendation of the planning commission
on a submitted sectional planning area plan, shall conduct a public hearing thereon.
The city council may approve, deny, or modify the plan. If the city council desires
to modify a sectional planning area plan, such modification shall be referred back to
the planning commission for written recommendations before adoption. The failure
of the commission to report within bventy-eight days after reference shall be
deemed to be approval of said modification.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
19.48.120 Sectional planning area plans-Effect of plan approval.
The approval of a sectional planning area plan shall constitute a refinement of the adopted
general development plan of the P-C zone. (Ord 1854 §5 (part), 1979; Ord 1826 §1 (part),
1978).
19.48.130 Sectional planning area plans-Modification, requests andpr-ocedures.. ·
A. From time to time, it may be necessary and desirable to modify the approved
sectional planning area plan. Modification of such plan may be initiated by the
property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the planning conmaission on a
prescribed form and shall be accompanied by such additional maps, statements, or
other information as may be required to support the proposed modification and the
required fee.
C. The planning commission shall conduct a public hearing on all proposed
modifications. The planning commission may recommend approval, conditional
approval, or denial of a proposed modification to the city council which shall
conduct a public hearing thereon.
D. Modification to an approved sectional planning area plan shall be made only by
resolution of the city council. Within thirty days after receipt ofa recon'unendation
front the planning conmaission, the city council shall approve or deny the proposed
modification.
(R 7/02)
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
19.48.140 P-C Zone-Residential areas not subject to Design Review.
Construction of dwelling units or any remodeling or additions to existing dwellings within
residential areas in the P-C zone not subject to design review requirements must comply
with the provisions outlined in Sections 19.22.060, I9.22.160 and 19.22.170 of this
ordinance. (Ord 2144 §4 (part), 1986).
19.48.150 Recycling collection centers.
Recycling collection centers may be permitted within commercial or industrial areas,
subject to the provisions of Section 19.58.340. (Ord 2252 §8 (I988); Ord 2233 §8 (1987)).
19.48.160 P-C Zone-Exceptions.
Exceptions to the above requirements include the following:
A. individual pamels under separate ownership or control, but adjacent to land with an
approved general development plan will not require approval of a general
development plan concurrent with the adoption of the P-C zone. However,
subsequent implementation of the P-C zone pursuant to the provisions contained
within this section, and development of said area will require the approval of one of
the following: a) An amendment to an adjacent general development plan and
adoption and/or amendment of sectional planning area plan which would include
the subject area, or b) A precise plan, as defined in Section 19.14.570 through
19.14.581, for development of the area consistent with the provisions of paragraph
C, below.
B. Any land area that is subject to the exceptions contained in this section will not be
required to have unified ownership or control upon adoption of the P-C zone.
However, unified ownership or control as defined in Section 19.48.020, paragraph
B, shall be required of the subject land area prior to adoption of an amended general
development plan and adoption and/or amendment of a sectional planning area
plan.
C. Underlying land use regulations, including permitted, accessory and conditional
Iand uses, for P-C zone areas which do not have an approved general development
plan shall be subject to the provisions of a zoning designation which would be
consistent with the general plan land use designation for the property. Establishing
(R 7/02)
specific underlying zoning regulations will occur at the time of adoption of the P-C
zone.
(R 7/02)
~': !'-~'~ 16
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/22/02
ITEM TlTLE: Public Hearing to consider the adoption of an Ordinance and an Urgency
Ordinance modifying the existing Telegraph Canyon Sewer Pumped Flows
Development Impact Fee and a Resolution to accept the Pumped Sewer
Development hnpact Fee Engineering Study prepared by PBS&J.
Resolution Accepting a report prepared by PBS&J recommending
the updale of the Telegrupb Canyon Sewer Pumped Flows Development
hnpact Fee to address capacity constraints on the Telegraph Canyon Trunk
Ordinance Amending Ordinance 2582 to add the Poggi Canyon
Basin Sewer Interceptor as one of the facilities financed by the Telegraph
Canyon Sewer Pumped Flows Development Impact Fee and to change the
name to Pumped Sewer Development Impact Fee.
Urgency Ordinance Amending Ordinance 2582 to add the Poggi
Canyon Basin Sewer Interceptor as one of the facilities financed by the
Telegraph Canyon Sewer Pumped Flows Development Impact Fee and to
change the name to Pumped Sewer Development Impact Fee.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager
(4/5ths Vote: Yes: X No:
On March 15, 1994 by Ordinance 2582, the City established the Telegraph Canyon Sewer Basin
Pmnped Flows Development Impact Fee Fund (TCSBPF DIF Fund) and set the DIF fee at $560 per
EDU (See Exhibit 1 for Ordinance 2582). The purpose of this Fund was to finance future sewer
improvements on the Telegraph Canyon Trunk Sewer Facility that would be triggered by the
pumping of sew'age generated within the "Pumping Flow Basin" (that area to the East of the
Tele~aph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins) into the Telegraph
Canyon Trunk Sewer. At the time the DIF was established, the Poggi Canyon Trunk Sewer was still
under construction and the Salt Creek Trmxk Sewer was being contemplated. Since then, the
construction of the Poggi Canyon Trunk Sewer has been completed. Tonight, Council will consider
the approval of the modification to the Telegraph Canyon Sewer Pumped Flows DIF to include the
addition of the Poggi Canyon Basin Sewer Interceptor to the list of approved Facilities in Ordinance
2582. These modifications will allow the City to use either the Telegraph Canyon Trunk Sewer or
the Poggi Canyon Basin Sewer Interceptor to provide sewer sen, ice to developments within the
Pumped Flow Basin until the completion of the Salt Creek Gravity Sewer Interceptor. It would also
result in the decrease of the DIF from $560 to $180 per Equivalent Dwelling Unit (EDU).
Furthermore, Council is also being asked to change the name of the DIF from "Telegraph Canyon
Page 2, Item ~7~5
Meeting Date 10/22/02
Sewer Pumped Flows Development hnpact Fee" to "Pumped Sewer Development Impact Fee". The
proposed Urgency Ordinance will enable the City to collect the Fee during the 60-day waiting period
before the regular Ordinance becomes effective.
RECOMMENDATION: That Council: 1. Conduct the Public Hearing.
2. Approve the'Resolution accepting the engineering study prepared by PBS&J.
3. Approve the Ordinance amending Ordinance No. 2582 (first reading).
4. Approve the Urgency Ordinance amending Ordinance No. 2582.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
TELEGRAPH CANYON BASIN
Telegraph Canyon Gravity Basin & Pumped Flows Development Impact Fee
In 1992, Willdan Associates prepared the "Telegraph Canyon Sewer Basin Improvement and
Financing Plan" that analyzed the ability of the Telegraph Canyon Trunk Sewer to support
development under buildout conditions. The study determined that the Trunk Sewer did not have
adequate capacity to support the basin buildout and identified reaches within the system that would
have to be upgraded. Based on the findings of that study, the City established the "Telegraph Canyon
Gravity Basin Development Impact Fee" to fund the required improvements.
Subsequently, in 1993, Willdan Associates prepared the report titled, "Telegraph Canyon Sewer
Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows", to further
analyze the impacts of pumped flows on the Trunk Sewer System. The goal of this study was to
determine the incremental impact of pumped flows on the system beyond what was identified for the
gravity basin flows. This net incremental cost was the basis of the establishment of the "Telegraph
Canyon Sewer Pumped Flows Development Impact Fee". It was intended at that time that the funds
collected in this DIF would be used to construct the required improvements, if the Salt Creek Trunk
Sewer line was never built and pumped flows temporarily being pumped into the basin had to remain
there permanently.
At that time, there were no irrLmediate plans to construct the Salt Creek Gravity Sewer Interceptor
since development activity within the basin was progressing at a relatively average pace. Staff was
directed to monitor the flow in the system to determine when improvements or the Salt Creek line
may be needed. In 1999 as development activity began accelerating, the need for the Salt Creek
Gravity Sewer Interceptor became imminent, and the City retained Dudek & Associates to plan and
prepare design plans required for the construction of the Interceptor. To date, the first phase of the
construction of the Salt Creek Gravity Sewer Interceptor is underway and it is anticipated that all the
four phases of the Salt Creek project will be completed by the summer of 2003.
While the construction of Salt Creek is underway, recent projections in the Telegraph Canyon Trunk
Sewer Study, completed by PBS&J on behalf of EastLake Company as part of development
Page 3, Item ~
Meeting Date 10/22/02
processing for EastLake III, indicated that tile Telegraph Canyon Trunk Sewer would not have
adequate capacity to support additional flows from gravity basin development and pumped flows
prior to the completion of the Salt Creek Trunk Sewer. Based on the various analysis conducted as
part of that study, it was determined that the most economically viable solution was to maintain only
the gravity flows in the Telegraph Canyon Sewer and divert the pumped flows to the Poggi Canyon
Trunk Sewer.
Telegraph Canyon Trunk Sewer Improvements
When the Willdan Study was prepared in 1992, prior to the formation of the Telegraph Canyon
Gravity Basin DIF, the study and its recommendations were based on certain assumptions of rate of
development and land uses within the basin. It was decided at that time that the timing of the
construction of the required improvements, which formed the basis of the DIF, would be dependent
upon the results of the City's monitoring of the trunk line. Since then, Staff has been monitoring the
flow in the system.
In December 1999, the City retained PBS&J to re-evaluate the findings of the Willdan Study and
determine what capacity existed within the system and when improvements will be required. Based
on the results of that study ("Telegraph Canyon Trunk Sewer Study dated September 2000) the City
initiated the first phase of improvements on the Telegraph Canyon Trunk Sewer system. The
construction project is currently underway and is scheduled to be completed by October 2002. The
project will improve approximately 7,300 lineal feet of the trunk line and was sized to convey
ultimate gravity basin flows. Since these improvements were sized for gravity basin buildout only,
the improvements were financed utilizing "Telegraph Canyon Sewer Development Impact Fee" and
Trunk Sewer Capital Reserve Funds only.
While the construction of these improvements was underway, EastLake retained PBS&J to prepare
the "Offsite Sewer Study for EastLake III"; a technical appendix to the Environmental Impact Report
(EIR) that EastLake had to prepare for its EastLake III project. Since the EastLake III project is
within the Salt Creek Sewer Basin and since the Salt Creek project was not yet completed, the
purpose of the sewer study was to show how the EastLake III project would be served if the Salt
Creek Trunk Sewer was not completed on time to serve the project. As part of that study, EastLake
had to analyze various alternatives for providing sewer service to its project in lieu of the Salt Creek
Gravity Sewer.
The study determined that if the flows were pumped into the Telegraph Canyon Trunk Sewer line, in
addition to the flows already being pumped into the line, the line would have to be significantly
upsized well beyond the Scope of the current improvements. Furthermore, recent flow monitoring
also indicated that the Telegraph Trunk Sewer is very rapidly approaching threshold capacity within
certain reaches of the pipeline that were not within the scope of the current improvements. Based on
these constraints, the study determined that since the trunk line was located in a highly traveled
roadway, it would be extremely expensive and disruptive to try to complete the required
improvements in time to avoid the system becoming overburdened.
As a result of that study, Eastlake Company and the City, determined that it was more cost-effective
and efficient to divert the pumped sewage flows to the Poggi Canyon Basin Sewer Interceptor while
staff continues to maintain and monitor the Telegraph Canyon Sewer. The diversion of pumped
Page 4, Item ~
Meeting Date 10/22/02
flows will be accomplished through the construction of interim facilities via the recently completed
?oggi Canyon Trunk Sewer to the Date-Faivre Trunk Sewer line. The pump stations at Olympic
Parkway and Otay Lakes Road will be retrofitted to pump the flows in a different direction as shown
on Exhibit 2. This configuration will remain operational until the completion of the Salt Creek Trunk
Sewer by the summer of 2003.
This alternative has the added benefit of reducing the DIF from $560 to $180 per EDU. Also, the
time to complete the needed improvements in the Poggi Canyon Basin Sewer Interceptor is
significantly less than the time that would be required to do improvements in the Telegraph Canyon
Trunk Sewer. It is estimated that the construction needed to divert the pumped flows to the Poggi
Canyon Basin Sewer Intemeptor can be completed by November 2002.
POGGI CANYON
The Poggi Canyon Sewer Basin is located in eastern Chula Vista and extends from west of Interstate
805 to EastLake. The basin includes a significant portion of the Otay Ranch General Planning Area
situated north of the Wolf Canyon, west of Salt Creek Sewer Basins and south of the Telegraph
Canyon Sewer Basin. The western portion of the Poggi Canyon Sewer Basin is principally built-out.
The Poggi Canyon Trunk Sewer line was designed and constructed to convey sewage generated
within the Poggi Canyon Sewer Basin to a planned connection to the Salt Creek Gravity Sewer
Interceptor. However, since the Salt Creek Trunk Sewer is still under construction, the Poggi Canyon
Trunk Sewer has been temporarily connected to the existing Date-Faivre Trunk Sewer. To facilitate
the removal of pumped flows from the Telegraph Canyon Trunk Sewer to the Poggi Canyon Sewer,
the Poggi Canyon Sewer Line will be temporarily disconnected from the Date-Faivre Trunk Sewer
and connected to the City of San Diego Otay Valley Trunk Line until the Salt Creek Trunk Sewer is
completed by the summer of 2003, should Council approve an agreement reached with the City of
San Diego which staff is bringing to Council at a later date.
PROPOSED MODIFICATIONS TO THE TELEGRAPH CANYON SEWER PUMPED
FLOWS DIF
Backm-ound
When the Telegraph Canyon Pumped Flow DIF was originally established in 1994, the DIF was
based on the cost of the improvements on Telegraph Canyon Trunk Sewer alone. Based on the
results of that study, the DIF was determined to be $560/EDU. However, since the City now
proposes to use the Poggi Canyon Tru~: Sewer line to convey the same pumped flows, the impacts
resulting from the conveyance of the pumped flows in addition to gravity basin flows generated
within the Poggi Canyon Basin, need to be determined and incorporated into the DIF calculation.
Page 5, Item ~Q'~
Meeting Date 10/22/02
?oggi Canyon Trunk Sewer Improvements (Pumped Flow)
In February 2002, the City retained PBS&J to prepare an update to the Poggi Canyon Basin Plan that
was prepared by Wilson Engineering in 1997 which was the basis for sizing the Poggi Canyon Trunk
Sewer. The goal of this study by PBS&J was to analyze the ability of the system to sustain the
gravity basin to buildout. The study was also intended to analyze the ability of the Poggi Canyon
Trunk line to support pumped flows from other basins if for some reason the Salt Creek Trunk Sewer
was not completed by 2005. The study determined that approximately 661 lineal feet of the Poggi
Cra]yon Trunk Sewer would need to be replaced in order to support gravity basin buildout. The
findings were consistent with the earlier findings of the Wilson Study. The cost of these
improvements will be funded through the existing Poggi Canyon Gravity Sewer Basin DIF.
Shortly after completing that study, the Eastlake Company retained PBS&J to prepare a study termed
"Pumped Sewer Development Impact Fee-Engineering Study" (Exhibit 3). The goal of the study was
to determine the cost of the improvements required to support pumped flows from only those
properties within the current "Tributary Basin" of the Telegraph Canyon Sewer Pumped Flows DIF.
The study determined that there would be future constraints in the Interceptor caused by the
conveyance of both gravity and pumped flows. A hydraulic simulation was performed with both the
projected ultimate gravity basin and end-of-year 2005 Pumped Flow Basin sewage flows. It was
determined that 11 segments of the Interceptor exceeded the City of Chula Vista's criteria for safely
conveying sewage.
Table 1 shows the total cost for the improvements needed to convey both gravity and pumped flows.
TABLE 1
Estimated Cost of Improvements in the Poggi Canyon Basin Sewer Interceptor
EXISTING REPLACEMENT
POGGI CANYON LENGTH TOTAL
DIAMETER DIAMETER
IMPROVMENTS (L. F.) COST
(IN) (IN)
Gravity Basin Impacts ~ 18 24 660 $198,000
Combined Gravity Basin
and Pumped Flow 18 21 2,453 $884,700
Impacts: 18 24 660
N~t i~p~ei ~i6~:~bi~ i~ p~d F~oW~ ~Pfi~P~ g~ ~!~ ~86;-/00
Imlarovements required to support gravity basin to buildout.
2. Improvements required to support both ultimate gravity basin flows and year 2005 pumped flows.
Page 6, Item ~'~'-'~
Meeting Date 10/22/02
Tributary Basin
Section 3, of Ordinance 2582 shows the "Territory" (area of benefit to which the Fee is applicable)
(See Exhibit 4). With the proposed modifications to the DIF, the "Territory" will remain unchanged
as show in Exhibit 4.
List of Facilities
The list of facilities in the 1993 Willdan study was incorporated into Ordinance 2582. Therefore, the
list of facilities shown on Ordinance 2582 will need to be revised to include the Poggi Canyon Trunk
Sewer. Staff also recommends that the name of the DIF be changed to "Pumped Sewer Development
Impact Fee" since the DIF now has two facilities (Telegraph Canyon Trunk Sewer and Poggi Canyon
Trunk Sewer) either of which can be used to provide the same sewer service. With the approval of
these modifications, the fee will be based on the cost of improvements to the Poggi Canyon Basin
Sewer Interceptor.
Fee Determination
Consistent with the 1993 Willdan Report, the 2002, PBS&J Engineering Study also recommends
dividing the total estimated cost of improvements by the number of EDU's projected to be completed
within the Pumped Flow Basin (by 2005) as the methodology for determining the DIF. Table 2
presents the revised DIF calculation.
TABLE 2
Pumped Sewer Development Impact Fee (DIF)
ITEM ESTIMATED
COST
Interceptor Improvements - attributable to pumped flows only $686,700
Pumped Flow Analysis Study $57,500
Pumped Flow DIF Engineering Study $13,500
Oversize of 2,522 linear feet of Poggi Canyon Basin Sewer Interceptor (15 to $10,000
18-inch)
Poggi Canyon Basin Sewer Interceptor Flow Monitoring Program $60,000
Telegraph Canyon Trunk Sewer Flow Monitoring Program $60,000
Purchase of Equipment to Implement the Metering Programs $15,000
This fee will be payable at the time a building permit is issued and will be in addition to the existing
sewer capacity charge of $2,220 per EDU and the Salt Creek Sewer Development Impact Fee of $284
per EDU. The Fee will be adjusted armually to reflect the varying cost of construction, inflation and
any changes in proposed development within the basin.
COORDINATION WITH THE DEVELOPMENT COMMUNITY
Page 7, Item ~ ~
Meeting Date 10/22/02
Staff has coordinated with developers impactcd by the modification of the DIF (EastLake Company
and McMillin Companies) to present the plan for the modification of the Telegraph Canyon Sewer
Pumped Flows DIF. The developers concur with the City's stated approach for modifying the DIF.
PROPOSED ORDINANCES
By adopting the proposed Ordinances, the Council would accomplish the following:
1. Add the Poggi Canyon Basin Sewer Interceptor as one of the "Facilities" financed by the
Telegraph Canyon Sewer Pumped Flows Development Impact Fee.
2. Decrease the DIF from $560 to $180 per EDU.
3. Change the name of the Telegraph Canyon Sewer Pumped Flows Development Impact Fee to
Pumped Sewer Development Impact Fee. Authorize the Ordinance to become effective 60 days
after the second reading.
4. Authorize the DIF change to become effective immediately through adoption of the Urgency
Ordinance.
5. Authorize the expenditure of funds collected with the established Telegraph Canyon Sewer
Pumped Flows DIF, in con-junction with the future fees, to be used to finance the improvements,
engineering studies and monitoring of the Telegraph Canyon Trunk Sewer and the Poggi Canyon
Basin Sewer Interceptor.
Urgency Ordinance
The Urgency Ordinance will enable the City to collect the Fee during the 60-day waiting period for
the regular Ordinance to become effective. This Urgency Ordinance is only valid for 30 days and
therefore, it will be necessary to notice and hold a second and third hearing in order to extend the
Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective.
Approval of 4/5th's vote will be needed for all Urgency Ordinances.
Staff recorm-nends that the Pumped Sewer Development Impact Fee go into effect immediately by
adopting the Urgency Ordinance in order that the City have the option of using either the Telegraph
Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer service to
developments within the Pumped Flow Basin.
Immediate implementation of this Fee is necessary due to the current and immediate threat to public
safety, which could arise from the pumped flows remaining in the Telegraph Canyon Trunk Sewer
beyond the threshold capacity of the trunk sewer system. Exceeding the threshold capacity could
result in overflow of the sewer line, and failure of the sewer system. The prospect ora sewage spill,
and the resulting impacts constitutes a current and immediate threat to public health, welfare and
safety that justifies the inunediate imposition of this Fee and amendment of Ordinance 2582.
2-6
Page 8, Item <~,~-~
Meeting Date 10/22/02
ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a statutory
exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
FISCAL IMPACT: Passage of these Ordinances will result in revenues of approximately
$902,700. The lee will be adjusted mmually to reflect the varying cost of construction, inflation and
any changes in proposed development within the Basin. These revenues would be used for the
construction and other related costs of the improvements needed to the Telegraph Canyon Trunk
Sewer and the Poggi Canyon Basin Sewer Interceptor as a consequence of the additional conveyance
of pumped flows.
Attachments:
Exhibit 1: Ordinance 2582, establishing the Telegraph Canyon Sewer Pumped Flows Development
Impact Fee.
Exhibit 2: Plan showing the Proposed Re-routing of Pumped Flows to the Poggi Canyon Basin Sewer
Interceptor.
Exhibit 3: Pumped Sewer Development Impact Fee-Engineering Study
Exhibit 4: Pumped Flow Basin for the Poggi Canyon Basin Sewer Interceptor.
J :\Engineer~AGENDA'~Pumped Flow Agenda Statement.sh.doc
Last primed 10/I 6/02 3:37 PM
EXHIBIT
ORDINANCE NO. 2582
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED
FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE
CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS
WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE
IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A
CONDITION OF ISSUANCE OF BUILDING PERMITS FOR
CONSTRUCTION INTHETELEGRAPH CANYON SEWER PUMPED
FLOWS BASIN
WHEREAS, developers of land within the City should be required to mitigate the burden
created by development through the construction or improvement of sewer facilities within
the boundaries of the development and either the construction or improvement of sewer facili-
ties outside the boundaries of the development which are needed to provide service to the
development in accordance with City standards or the payment of a fee to finance a
development's appropriate portion of the total cost of the sewer facilities; and,
WHEREAS, all development within the City contributes to the cumulative burden on
various sewer facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the development;
and,
WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows Basin")
is that area of land shown on the map attached hereto as Exhibit "2" (Exhibit 1 omitted~
which map is generally comprised of those portions of Poggi Canyon and Salt Creek drainage
basin within the City of Chula Vista, or its sphere of influence, from which wastewater will
be collected and pumped into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and,
WHEREAS, the City desires and desired to oversize the Gravity Basin sewer facilities
as a backup plan in order to accommodate sewage flow from the Pumped Flows Basin in the
event that flows from the Pumped Flows Basin, in combination with the Gravity Basin flows,
exceed the capacity of the Gravity Basin sewage system before adequate alternate sewage
facilities (gravity drainage, treatment plants, reclamation plants, etc.) are available in the Salt
Creek and Poggi Canyon drainage basins to handle the Pumped Flows; and,
WHEREAS, this was and is intended to be a "backup plan" inasmuch as the City
expects that the flows in the Pumped Flows Basin will, with the construction of the necessary
sewer facilities ("Poggi Canyon/Salt Creek Facilities"), eventually drain by gravity flow into
the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt Creek Sewer Gravity
Basins"), and then into the Otay Valley; and,
WHEREAS, at such time as it appears, in the sole discretion of the City Council, that
such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the intention of the
City Council to terminate the imposition of this Development Impact Fee, and further, at such
time and in such manner as the City Council, in its sole discretion, determines to be fair and
Ordinance No. 2582
Page 2
equitable return any unused funds to the property owners existing at that time of the
properties for which the fee was collected initially; and,
WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16518
approving an amendment to the agreement between the City of Chula Vista and Willdan
Associates for preparation of said Backup Plan, therein referred to as the "Amended Plan";
and,
WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16519
approving the First Amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity
Basin Usage Agreement to provide that EastLake should pay for ~he preparation of the
"Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating
Pumped Flows" ("Backup Plan").
WHEREAS, pursuant to said agreement with Willdan, Willdan Associates have prepared
a proposed Backup Plan dated June 9, 1993 for approval by the City Council (herewith done);
and,
WHEREAS, on September 21. 1993 a public meeting was held between Staff and the
developers of developments located within the Pumped Flows Basin to discuss the final
Backup Plan and City Staff recommendations for establishing the Telegraph Canyon Sewer
Pumped Flows Basin Development Impact Fee; and,
WHEREAS, on December 7, 1993 a Public Hearing was opened but not completed
before the City Council to provide an opportunity for interested persons to be heard on the
approval of the Backup Plan and establishment of the Telegraph Canyon Sewer Pumped Flows
Fee; and,
WHEREAS, said hearing was continued various times the final one of which was to
February 15, 1994 (hereinafter referred to as the "Public Hearing"); and,
WHEREAS, the proposed Backup Plan determines that new development within the
Pumped Flows Basin will create adverse impacts on the City's existing sewer facilities within
the Gravity Basin (to wit, that the sewage expected to be generated from new development
within the Pumped Flows Basin, when combined with the sewage flows from the Gravity
Basin, will exceed the capacity of the current sewer system in the Gravity Basin). These
impacts must be mitigated by the financing and construction of certain sewer facilities
identified in this ordinance; and,
WHEREAS, said proposed Backup Plan (1) includes an estimate of ultimate sewer flows
anticipated from the Pumped Flows Basin; (2) recommends improvements to handle the
combined incremental increases of sewage flow anticipated from the Pumped Flows Basin and
from the Gravity Basin; and (3) establishes a fee payable by persons obtaining building permits
for developments within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer
improvements; and,
Ordinance No. 2582
Page 3
WHEREAS, sewer improvements and a fee to be levied on new development in the
Pumped Flows Basin have been justified in the proposed Backup Plan; and,
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the Backup Plan and the various reports and other
information received by the City Council in the course of its business, that imposition of the
sewer facilities development impact fee on all developments within the Telegraph Canyon
Sewer Pumped Flows Basin in the City of Chula Vista for which building permits have not yet
been issued is necessary in order to protect the public safety and welfare and to ensure
effective implementation of the City's General Plan; and,
WHEREAS, the City Council has determined that the amount of the fee levied by this
ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Approval of Backup Plan.
The City Council has independently reviewed the proposed Backup Plan
herewith presented, finds that it is fair, reasonable and equitable to all
parties, and herewith adopts same in the form on file with the City Clerk,
and on file in the Office of the City Engineer.
SECTION 2. "Facilities".
The facilities which are the subject matter of the fee herein established are
fully described in the Backup Plan at page 24 thereof, and the locations at
which they will be constructed are more fully described on Plates I through
14 under the section thereof entitled "improvement Locations", all of which
facilities may be modified by the City Council from time to time by
resolution ("Facilities"). The City Council may modify or amend the list of
projects herein considered to be part of the Facilities by written resolution
in order to maintain compliance with the City's Capital Improvement
Program or to reflect changes in land development and estimated and actual
wastewater flow.
SECTION 3. Territory to Which Fee Is Applicable.
The area of the City of Chula Vista to which the Fee herein established shall
be applicable is set forth as an Exhibit to the Backup Plan, entitled
"Developments Subject to Pumping (Pumped Flows Basin), Telegraph
Canyon Sewer Basin, Improvement and Financing Plan Amendment,
Incorporating Pumped Flows," shown as being "Prepared: June 23, 1993"
not yet revised, shall be referred to herein as the "Territory" or alternatively
Ordinance No. 2582
Page 4
"Pumped Flows Basin" and is generally described as that area to the East
of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi
Canyon Basins.
SECTION 4. Purpose.
By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin
Plan") for the financing and construction of the sewer-related facilities
necessary to serve only the sewage transmission demands for the EDU's in
the Gravity Basin. The purpose of this ordinance is to provide the necessary
financing to oversize such sewer-related facilities in the Telegraph Canyon
Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory
("Gravity Basin"), to accommodate sewage flows pumped into the Gravity
Basin from the Pumped Flows Basin.
SECTION 5. Establishment of Fee.
A development impact fee ("Fee"), to be expressed on a per Equivalent
Dwelling Unit ("EDU"} basis, and payable prior to the issuance of a building
permit unless security therefore by Letter of Credit, as herein permitted, is
on deposit with the City, for a development project within the Territory, is
hereby established.
SECTION 6. Due on Issuance of Building Permit; Exception for Letters of Credit
Procedure.
A. When Payable. The Fee shall be paid in cash upon (early payment is not
permitted) the issuance of a building permit, except as provided in
subparagraph B.
B. Letter of Credit. A building permit may issue without the payment of
the Fee in cash if (use of the following procedure shall herein be referred
to as the "Letter of Credit Procedure") the Property owner of the
property for which the building permit is sought, or her/his predecessor
in interest, has placed on deposit with the City Engineer at or prior to
the time a final subdivision map is approved by the City for the units
which would otherwise be subject to the Fee on the issuance of a
building permit, a letter of credit in a form acceptable to the City
Attorney and which, at a minimum, provides for the following:
(1) The Letter of Credit shall be irrevocable until released in writing
by the City in the manner herein provided. It shall also
specifically provide that a change of ownership of the property
for which the Fee is payable shall not be a basis for releasing or
Ordinance No. 2582
Page 5
cancelling the Letter of Credit.
The Letter of Credit shall be for a term not less than 3 years
unless a shorter term is allowed by the City Attorney in
conjunction with the City Engineer.
(3) The Letter of Credit shall provide that at the expiration of the
Term, the bank issuing the Letter of Credit shall pay the full
amount over to the City unless the Term thereof is extended or
the obligation excused by written direction of the City Attorney
and City Engineer.
(4) The Letter of Credit shall provide that the City may
unconditionally draw on all or part of the Amount on demand by
the City by written notice thereof and without offering any other
justification or documentation (Authority for draws on the Letter
of Credit as between the City and the Beneficiary is hereinbelow
provided).
(5) The Letter of Credit shall initially be in a minimum amount as
determined by applying the rate of the Fee times the number of
Equivalent Dwelling Units ("EDUs") within the territory of the
Final Map. Such amount shall be increased or decreased from
time to time as the rate of the Fee is adjusted by the City
Council.
C. Right of City to Draw on the Letter of Credit. The City may exercise its
right to draw on the letter of credit in any of the following
circumstances.
(1) The property owner who would otherwise be responsible for
paying the Fee hereunder fails to maintain the Letter of Credit in
the minimum amount required by this Ordinance, in which case
the full amount of the Letter of Credit may be drawn upon by the
City.
(2) The City determines, in its sole discretion, that all or a portion of
the Letter of Credit is necessary to plan, design or construct, or
otherwise assist in the planning, design or construction of, all or
a portion of the Facilities, in which case the City is authorized to
draw, for each such Facility, or portion thereof, {rom time to time
as planning, design and construction proceeds, an amount which
represents the entire actual cost of the Facility, including extra
work and overruns, times a fraction, the numerator of which
equals the estimated costs of the Facility to be borne by the
Pumped Sewer Flows, as set forth in the latest Engineer's Report
updating the DIF, and the denominator of which represents the
Ordinance No. 2582
Page 6
total cost of the Facility as estimated in the latest Engineer's
Report updating the DIF.
(3) The property owner otherwise responsible for the payment of the
Fee takes any act or suffers any act, or the bank on which the
Letter of Credit is drawn takes any act or suffers any act, which,
in the sole opinion and discretion of the City, creates a
reasonable risk that the Letter of Credit may not be honored on
demand by the City, in which case the City is authorized to draw
on the Letter of Credit in such an amount as the City determines
is necessary to avoid the risk of loss.
D. Release of the Letter of Credit by City. The City shall issue to the Bank
written release of the Letter of Credit, or such appropriate portion
thereof, in any of the following circumstances:
(1) The beneficiary has constructed, or caused to be constructed, to
the satisfaction of the City, the Facilities or portion thereof
agreed to by the City in accordance with the procedures for
developer construction hereinbelow set forth in Sections 12 and
13.
(2) The City Council has determined, in its sole discretion, that such
Poggi Canyon/Salt Creek Facilities are imminent of construction.
E. Remedies of City if Letter of Credit procedure violated. In the event that
a draw on the Letter of Credit is not honored on demand as herein
provided, the beneficiary (e.g., the Developer) of the Letter of Credit
shall immediately deposit with the City the full amount thereof in cash,
which shall be deemed to be a debt immediately due and payable of the
beneficiary, and upon the failure to do so, the City is authorized among
other remedies, to institute litigation and to withhold approval of any
additional permits or other entitlements.
SECTION 7. Determination of Equivalent Development Units.
Each single family detached dwelling or single family attached dwelling shall
be considered one EDU for purposes of this Fee. Each unit within a multi-
family dwelling shall be considered .75 EDU. Every other commercial,
industrial, non-profit, public or quasi-public, or other usage shall be charged
at a rate calculated in accordance with Figure 5, Page 9 of the Backup Plan.
SECTION 8. Time to Determine Amount Due; Advance Payment Prohibited.
Unless the Letter of Credit Procedure is used, the Fee for each development
Ordinance No. 2582
Page 7
shall be calculated at the time of building permit issuance and shall be the
amount as indicated at that time and not when the tentative map or final
map was granted or applied for, or when the building permit plan check was
conducted, or when application was made for the building permit. If the
Letter of Credit Procedure is used, the amount of the Letter of Credit shall
be determined at the time the Final Map is approved and shall be adjusted
from time to time as the City determines appropriate.
SECTION 9. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning (including preparation of
the Backup Plan), design, construction, repair, maintenance, and/or
financing (including the cost of interest and other financing costs as
appropriate) of the Facilities, or reimbursement to the City or, at the
discretion of the City if approved in advance in writing, other third parties
for advancing costs actually incurred for planning, designing, constructing,
or financing the Facilities.
SECTION 10. Amount of Fee; Amendment of Master Fee Schedule.
The Fee shall be calculated at the rate of $560 per EDU. Chapter XV of the
Master Fee Schedule is hereby amended to add Section B, which shall read
as follows:
"B. Telegraph Canyon Sewer Pumped Flows Development impact Fee.
This section is intended to memorialize the key provisions of
Ordinance No. 2547, but said Ordinance governs over the provisions
of the Master Fee Schedule. For example, in the event of a conflict
in interpretation between the Master Fee Schedule and the
Ordinance, or in the event that additional rules applicable to the
imposition of the Fee, the language of the Ordinance governs.
a. Territory to which Fee applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to the
Backup Plan, entitled "Developments Subject to Pumping
(Pumped Flows Basin), Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating
Pumped Flows," shown as being "Prepared: June 23, 1993" not
yet revised, shall be referred to herein as the "Territory" or
alternatively "Pumped Flows Basin" and is generally described as
that area to the East of the Telegraph Canyon Sewer Basin,
within the Salt Creek and Poggi Canyon Basins.
Ordinance No. 2582
Page 8
b. Rate per EDU.
The Fee shall be calculated at the rate of $560 per EDU, which
rate shall be adjusted from time to time by the City Council.
c. EDU calculation.
Each single family detached dwelling or single family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi-family dwelling shall be considered .75
EDU. Every other commercial, industrial, non*profit, public or
quasi-public, or other usage shall be charged at a rate calculated
in accordance with Figure 5, Page 9 of the Backup Plan.
d. When Payable.
The Fee shall be paid in cash not later than immediately prior to
the issuance of a building permit, except that a Letter of Credit
Procedure is permitted for this Fee in the adopting Ordinance, as
same may, from time to time, be amended."
The City Council intends to review the amount of the Fee annually or from
time to time. The City Council may, at such reviews, adjust the amount of
this Fee as necessary to assure construction and operation of the Facilities,
the reasons for which adjustments may include, but are limited to, the
following: changes in the costs of the Facilities as may be reflected by
such index as the Council deems appropriate, such as the Engineering-News
Record Construction Index; changes in the type, size, location or cost of the
Facilities to be financed by the Fee; changes in land use on approved
tentative maps or Specific Plan Amendments; other sound engineering,
financing and planning information. Adjustments to the above Fee may be
made by resolution amending the Master Fee Schedule.
SECTION 11. Authority for Accounting and Expenditures.
The proceeds collected from the imposition of the Fee shall be deposited
into a public facility financing fund ("Telegraph Canyon Sewer Basin
Pumped Flows Development Impact Fee Fund", or alternatively herein
"Fund" or "TCSBPF DIF Fund") which is hereby created and such proceeds
shall be expended only for the purposes set forth in this ordinance.
The Director of Finance is authorized to establish various accounts within
the Fund for the Facilities identified in this ordinance and to periodically
make expenditures from the Fund for the purposes set forth herein in
accordance with the facilities phasing plan or capital improvement plan -
adopted by the City Council.
Ordinance No. 2582
Page 9
SECTION 12. Revision and Refund of Fees.
A. Suspension. At such time ("Gravity Access Point in Time") as a parcel
of property within the Territory is, in the opinion of the City Engineer,
able to obtain sewer service by virtue of gravity sewer service available
in the Salt Creek or the Poggi Canyon Basins, the Fee for such parcel
shall be suspended.
B. Refund. If the Fee has already been paid in cash for the parcel, the Fee
shall be returned to the owner or owners of the property at the time the
Council passes a written resolution certifying the completion of the
entire planned Poggi/Salt Creek Facilities for the Poggi/Salt Creek Sewer
Gravity Basin system, and then to each owner in a manner deemed fair
and equitable by the City Council. ~n the absence of an alternative
determination of fairness by the City Council, a refund which divides the
remaining unused balance by the EDU's which contributed to the Fund
shall be deemed a fair method.
C. Release of Letters of Credit. If the cash payment of the Fee has been
avoided by a developer by the deposit of a Letter of Credit pursuant to
the Letter of Credit Procedure herein authorized, the Letter of Credit
shall be released either (1) at such time that the City Council certifies by
written resolution that the entire Poggi/Salt Creek Sewer Gravity Basin
Facilities exists for all parts of the Salt Creek and Poggi Canyons or (2)
at such sooner time as the City Council determines that the total
balance of the letters of credit is not necessary to complete the
planning, design and construction of the Facilities (i.e., in Telegraph
Canyon Sewer Basin), certifies the amount needed to complete
construction of the Facilities, and authorizes the release of 75% of the
remainder by written resolution, specifying the recipients of such
released Letters of Credit in a fair and equitable manner.
SECTION 13. Findings.
The City Council finds that collection of the Fees established by this
ordinance at the time of the building permit is necessary to ensure that
funds will be available for the construction of facilities concurrent with the
need for these facilities and to ensure certainty in the capital facilities
budgeting for growth impacted public facilities.
SECTION 14. Fee Additional to other Fees and Charges.
The Fee established by this section is in addition to the requirements
imposed by other City laws, policies or regulations relating to the
Ordinance NO. 2582
Page 10
construction or the financing of the construction of public improvements
within subdivisions or developments, and is specifically intended to be in
addition to a development impact fee for the construction of the Poggi
Canyon and/or Salt Creek Sewer Gravity Basin Facilities, such that a payor
of this fee may also be required to pay any development impact fee charged
for such facilities.
SECTION 15. Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer.
Whenever a developer of a development project in the Territory of the
Pumped Flows Basin is required as a condition of approval of an entitlement
(e.g,, General Plan Amendment, Pre-zoning, General Development Plan, SPA
Plan, etc.) to cause a portion of the sewer system which is the subject
matter of a Facilities enhancement planned for improvement under the
Gravity Basin Plan to be oversized under the Backup Plan, the City may
require the developer to install the Facilities according to design
specifications approved by the City, that being with the supplemental size
or capacity in order to accommodate estimated ultimate flow as indicated
in the Basin Plan and subsequent amendments. If such a requirement is
imposed, the City shall first grant cradits against the developer's obligation
to pay the Fee, and, as to any excess, offer to reimburse the developer from
the Fund either in cash or over time as Fees are collected, at the option of
the City, for costs incurred by the developer for the design and construction
of the Facility not to exceed the estimated cost of that particular Facility as
included in the calculation and updating of the Fee, and in an amount agreed
to in advance of their expenditure in writing by the City. The City may
update the Fee calculation as City deems appropriate prior to making such
offer. This duty to extend credits or offer reimbursement shall be
independent of the developer's obligation to pay the Fee.
SECTION 1 7. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender
Reimbursement Offer.
If a developer is willing and agrees in writing to design and construct a por-
tion of the Facilities in conjunction with the prosecution of a development
project within the Territory ("Work"), the City may, as part of the written
agreement, grant credits against the Developer's obligation to pay the Fee,
and may thereafter, use the proceeds of the Fund to reimburse the
developer from the Fund either at the time the expenditures are incurred or
over time as Fees are collected, at the option of the City, for costs incurred
by the developer for the design and construction of the Facility not to
exceed the estimated cost of that particular Facility as included in the
calculation and updating of the Fee, and in an amount agreed to in advance
of their expenditure in writing by the City. The City may update the Fee
calculation as City deems appropriate prior to making such offer. This duty
Ordinance No. 2582
Page 11
to extend credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee.
SECTION 18. Procedure for Entitlement to Reimbursement Offer.
The City's extension of a credit or a reimbursement offer to a developer
pursuant to Section 1 5 or 1 6 above shall be conditioned on the developer
complying with the terms and conditions of this section:
A. Written authorization shall be requested by the developer from the City
and issued by the City Council by written resolution before developer
may incur any costs eligible for reimbursement relating to the Work.
B. The request for authorization shall contain the following information, and
such other information as may from time to time be requested by the
City:
(1) Detailed descriptions of the Work with the preliminary cost
estimate.
C. If the Council grants authorization, it shall be by written agreement with
the Developer, and on the following conditions among such other
conditions as the Council may from time to time impose:
(1) Developer shall prepare all plans and specifications and submit
same to the City for approval;
(2) Developer shall secure and dedicate any right-of-way required for
the Work;
(3) Developer shall secure all required permits and environmental
clearances necessary for construction of the project;
(4) Developer shall provide performance bonds in a form and
amount, and with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
(6) The City shall be held harmless and indemnified, and upon
demand by the City, defended by the developer for any of the
costs and liabilities associated with the construction of the
project.
(7) The developer shall advance all necessary funds to design and
construct the project.
Ordinance No. 2582
Page 12
(8) The developer shall secure at least three (3) qualified bids for
work to be done. The construction contract shall be granted to
the lowest qualified bidder. Any claims for additional payment
for extra work or charges during construction shall be justified
and shall be documented to the satisfaction of the Director of
Public Works.
(9) The developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to the Work.
The estimate is preliminary and subject to final determination by
the Director of Public Works upon completion of the Public
Facility Project.
(10) The agreement may provide that upon determination of
satisfactory incremental completion of a Facility, as approved
and certified by the Director of Public Works, the City may pay
the developer progress payments, or grant incremental credits,
in an amount not to exceed 75 percent of the estimated cost of
the construction completed to the time of the progress payment
but shall provide in such case for the retention of 25% of' such'
costs until issuance by the City of a Notice of Completion.
(11) The agreement may provide that any funds owed to the
develolber as reimbursements may be applied to the developer's
obligations to pay the Fee for building permits to be applied for
in the future.
(12} When all work has been completed to the satisfaction of the
City, the developer shall submit verification of payments made
for the construction of the project to the City. The Director of
Public Works shall make the final determination on expenditures
which are eligible for reimbursement.
(13) After final determination of expenditures eligible for
reimbursement has been made by the Public Works Director, the
parties may agree to offset the developer's duty to pay Fees
required by this ordinance against the City's duty to reimburse
the developer.
(14) If, after offset if any, funds are due the developer under this
section, the City shall reimburse the developer from the Fund
either at the time the expenditures are incurred or over time as
Fees are collected, at the option of the City, for eligible costs
incurred by the developer for the design and construction of the
Facility not to exceed the estimated cost of that particular
Facility as included in the calculation and updating of the Fee; or
the developer may waive reimbursement and use the amount due
Ordinance No. 2582
Page 13
them as credit against future Development Impact Fee
obligations.
SECTION 18. Procedure for Fee Modification
Any developer who, because of the nature or type of uses prolaosed for a
development project, contends that application of the Fee imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the City Council for a modification of the Fee
and the manner in which it is calculated. The application shall be made in
writing and filed with the City Clerk not later than ten (10) days after notice
is given of the public hearing on the development permit application for the
project, or if no development permit is required, at the time of the filing of
the building permit application. The application shall state in detail the
factual basis for the claim of modification, and shall provide an engineering
and accounting report showing the overall impact on the DIF and the ability
of the City to complete construction of the Facilities by making the
modification requested by the applicant. The City Council shall make
reasonable efforts to consider the application within sixty (60) days after its
filing. The decision of the City Council shall be final. The procedure
provided by this section is additional to any other procedure authorized by
law for protection or challenging the Fee imposed by this ordinance.
SECTION 19. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools, shall not be
exempt from the provisions of the Fee.
SECTION 20. Assessment District.
If any assessment or special taxing district is established to design,
construct and pay for any or all of the Facilities ("Work Alternatively
Financed"), the owner or developer of a project may apply to the City
Council for reimbursement from the Fund in an amount equal to that portion
of the cost included in the calculation of the Fee attributable to the Work
Alternatively Financed. In this regard, the amount of the reimbursement
shall be based on the costs included in the Backup Plan, as amended from
time to time, and therefore, will not include any portion of the financing
costs associated with the formation of the assessment or other special
taxing district.
Ordinance No. 2582
Page 14
SECTION 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when the City Council
determines that the amount of Fees which have been collected reaches an
amount equal to the cost of the Facilities.
SECTION 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void or annul
this ordinance shall be brought within the time period as established by
Government Code Section 54995 after the effective date of this ordinance.
SECTION 23. CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Fee herein imposed is for the
purpose of obtaining funds for capital projects necessary to maintain service
within existing service areas. The Council finds that the proposed Facilities
are in existing rights of way parallel to or replacing existing sewer lines.
Therefore, the City finds that the adoption of this Ordinance is statutorily
exempt under the provisions of Public Resources Code Section 21080
(8) and CEQA Guidelines Section 15273.
SECTION 24. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that
a different meaning is intended.
A."Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
B. "Developer" means the owner or developer of a development.
C. "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or
subdivision ordinance of the City.
D."Development Project" or "Development" means any activity described
in Section 65927 and 65928 of the State Government Code.
E. "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling; each on their own lot.
Ordinance No. 2582
Page 15
SECTION 25. Effective Dote.
This ordinonce shall become effective sixty (60) doys ofter its second
reading and adoption.
Presented by Approve/d as to form )y
· ' / Bruce M. Boogaa'r/d/
Director of Public Works City Attorney
Ordinance No. 2582
Page 16
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day March, 1994, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A/Au~:helet, 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 Ordinance No. 2582 had its first reading on March 8, 1994, and its second
reading and adoption at a regular meeting of said City Council on the 15th day of March,
1994.
Executed this 15th day of March, 1994.
Beverly A/Authelet, City Clerk
EXHIBIT _.~
Pumped Sewer Development Impact Fee
Engineering Study
October 2002
PBS&J Project No.: 491019.01
Prepared For:
__ CITY OF CHULA VISTA
Prepared By:
3838 Camino Del Rio North
Suite 250
San Diego, CA 92108
r Pumped Sewer DIF Engineering Study
October 2002
Acknowledgements
PROJECT TEAM
City of Chula Vista:
Frank Rivera Senior Engineer 619 397-6118
Alex AI-Agha Senior Engineer 619 691-5028
Anthony Chukwudolue Civil Engineer 619 397-6125
Lombardo de Trinidad Civil Engineer 619-691-5043
Sandra Hemandez Assistant Engineer 619-397-6116
EastLake Company: 619-421-0127
Guy Asaro Vice President
PBS&J: 760-753-1120
Daniel Brogadir Project Manager
David Smith Senior Engineer
~,~.~ i Pumped Sewer DIF Engineering Study
October 2002
Table of Contents
SECTION PAGE
Introduction ...................................................................................................................... 1
Purpose ........................................................................................................................... 3
Background ............................................. ~ ..................................................................... 3
Pumped F ow Sewer A ternat yes .................................................................................... 4
Scope ............................................................................................................................. 9
Methodo ogy .................................................................................................................... 9
Area of Benefit Development Projections ...................................................................... 10
Poggi Canyon Interceptor Improvements ....................................................................... 12
Proposed Modifications to Development Impact Fee ..................................................... 16
Figures
1 Vicinity Map ........................................................................................................... 2
2 Pumped Flow Alternative I ................................................................................... 6
3 Pumped Flow Alternative 2 ................................................................................... 7
4 Pumped Flow Alternative 3 ................................................................................... 8
5 Pumped Flow DIF Area of Benefit ....................................................................... 11
6 Poggi Canyon Interceptor Improvements ............................................................ 14
Tables
_ 1 Area of Benefit Pumped Flow Tributary Basin Year 2005 Development
Projections .......................................................................................................... 12
2 Poggi Canyon Interceptor Improvements Ultimate Gravity Basin ........................ 13
3 Poggi Canyon Interceptor Improvements Ultimate Gravity Basin and Year
2005 Area of Benefit Pumped Flows ................................................................... 15
4 Poggi Canyon Interceptor Improvements Required Due to Year 2005 Area
of Benefit Pumped Flows .................................................................................... 16
5 Pumped Sewer DIF Fee Calculation ................................................................... 17
Appendix
A Hydraulic Analysis Summaries
N:\491019\01\Reports\MAC OCT2002 FINAL City of CV DIF Study.doc
[~,~ ii Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
INTRODUCTION
The City of Chula Vista (City) is currently constructing the Salt Creek Interceptor that will
convey sewage generated by development in the Salt Creek Sewer Basin, located west and south
of the Telegraph Canyon and Pog~ Canyon Sewer Basins, to a planned connection to the City of
San Diego's South Metro Interceptor. The anticipated completion date for the Salt Creek
Interceptor is mid-2003. Currently, sewage generated by existing development in the Salt Creek
Sewer Basin is pumped to the adjacent Telegraph Canyon Trunk Sewer via the Otay Lakes Road
and Olympic Parkway Pump Stations. Figure 1 shows the location of the pumped flow tributary
basin, herein referred to as the Area of Benefit.
The City has established a Telegraph Canyon Sewer Pumped Flows Development Impact Fee
(DIF), (City Ordinance 2582, 1994) that is levied on new development within the Area of
Benefit. The D~ provides a funding source for capacity improvements in the Telegraph Canyon
Trunk Sewer, which may be required due solely to the introduction of pumped flows into the
sewer. Development of the fee is documented in the Telegraph Canyon Sewer Basin
Improvement and Financing Plan Amendment Incorporating Pumped Flows (Wildan Associates,
1993).
Recent metering and modeling studies, however, have identified imminent capacity constraints
in the Telegraph Canyon Trunk Sewer and the City is considering use of the Olympic Parkway
Pump Station to pump wastewater generated within the Area of Benefit to the head of the Poggi
Canyon Interceptor in the vicinity of Eastlake Parkway. While current planning assumes that all
wastewater draining to the Otay Lakes Road Pump Station will be rerouted to the Poggi Canyon
Interceptor, the City will still retain and maintain the Otay Lakes Road Pump Station and other
infrastructure to be able to pump flows to the Telegraph Canyon Trunk Sewer as an alternative to
- the Pog~ Canyon Interceptor until the completion of the Salt Creek Interceptor project.
The Telegraph Canyon Pumped Flow DIF will be amended generally as follows:
I) The Poggi Canyon Basin Sewer Interceptor will be included as one of the approved
facilities financed by the DIF.
2) The Development Impact Fee will be reduced from approximately $560 per EDU to $180
per EDU.
- 3) The Area of Benefit established in the Telegraph Canyon Sewer Pumped Flows DIF in
1994 by Ordinance 2582 will remain the same and pumping of some or all of the sewage
flows generated in the Area of Benefit to Telegraph Canyon Will remain an operational
alternative.
4) To support alternative pumping operations, the City will maintain and monitor both the
Poggi Canyon Interceptor and the Telegraph Canyon Trunk Sewer.
5) The name of the Telegraph Canyon Sev/~r Pumped Flows DIF will be changed to the
Pumped Sewer DI~ since the DIF will not only finance sewer improvements in the
Telegraph Canyon Trunk Sewer but also in the Poggi Canyon Interceptor.
,~lfl~ 1 Pumped Sewer DIF Engineering Study
October 2002
CHUL4 VISTA
". ~ Legend
_ Pumped Sewer
'F~c/~ 5~' Iii ~asins
~'~-] Salt Creek Basin
M E · I C 0 F~] Poggi Canyon Basin
_ 2~-'~"~ '' ~, ' ' Vicinity Map
City of Chula Vista
To provide surety for future improvements to the Poggi Canyon Interceptor, which may be
required due to the introduction of pumped flows to the sewer, the City will amend the existing
Telegraph Canyon Sewer Pumped Flows DIF to incorporate the costs associated with the
proposed alternative pumping operation. The funds collected with the established Telegraph
Canyon Sewer Pumped Flows DlY, in conjunction with the future fees, will finance the
improvements, maintenance and monitoring of the Telegraph Canyon Trunk Sewer and the
Poggi Canyon Basin Sewer Interceptor.
This report provides the engineering basis for establishing the amended Pumped Sewer
PURPOSE
The purpose of this report is to identify required improvements to the Poggi Canyon Interceptor
to allow for the temporary pumping of wastewater flows generated within the Area of Benefit to
the Poggi Canyon Interceptor through year 2005. End of year 2005 was chosen as a planning
horizon for the study based on an estimated completion date of the Salt Creek Interceptor of mid-
2003. Following completion of the Salt Creek Interceptor, pumping operations to the Poggi
Canyon Sewer Basin will cease and provisions of the Pumped Flow DIF will no longer be
applicable. Additionally, the report will identify other related engineering and construction costs
associated with the proposed inter-basin pumping and will provide opinions of cost. Lastly,
based on projected development buildout within the Area of Benefit and the related sewer
improvements, the established Development Impact Fee will be re-evaluated.
BACKGROUND
Wastewater generated by development in the Salt Creek Sewer Basin is currently pumped to the
Telegraph Canyon Trunk Sewer via the existing Otay Lakes Road and Olympic Parkway Pump
Stations. Due to capacity constraints within the Telegraph Canyon Trunk Sewer, the City is
considering diverting some or all of the wastewater flows generated within the Area of Benefit to
the Poggi Canyon Interceptor via the existing Olympic Parkway Pump Station. Previous
modeling studies have indicated that improvements to the Poggi Canyon Interceptor may be
needed to facilitate furore pumping operations. To provide surety for construction of these future
improvements, the City will amend the existing Telegraph Canyon Sewer Pumped Flows DIF to
incorporate pumping operations to the Poggi Canyon Interceptor.
The Poggi Canyon Sewer Basin is located in eastern Chula Vista and extends fi.om west ofi~805
to the EastLake Development. The basin includes a significant portion of the Otay Ranch
general planning area situated north of the Wolf Canyon and Salt Creek Basins and south of the
Telegraph Canyon Basin. The western portion of the Pog~ Canyon Basin is principally built
out.
The Pog$ Canyon Interceptor is currently under construction with anticipated completion by
early Fall 2002. The Interceptor will convey wastewater generated within the Poggi Canyon
Sewer Basin to a planned connection to the Salt_Creek Interceptor. The western portions of the
Interceptor have been completed and currently convey wastewater to the existing Date-Faivre
Trunk Sewer.
~.~ 3 Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Design criteria for the Interceptor were provided in the Poggi Canyon Basin Gravity Sewer Basin
Plan (Wilson Eng/neering, 1997) (Basin Plan). The City completed an update to the Basin Plan,
wkich included hydraulic analysis of the Poggi Canyon Interceptor based on record and
construction drawings and current basin development projections. The findings of the update are
presented in a report entitled the Poggi Canyon Sewer Basin Plan Update and Pumped Flow
Analysis (PBS&J, May 2002) (Basin Plan Update).
As described in the EastLake III Off-Site Sewer Study (John Powell & Associates, Inc., 2000)
several sewer options have been identified for the plarmed EastLake BI Project in the event that
the Salt Creek Interceptor is not completed prior to development of the project. These
alternatives include pumping of wastewater generated within the Area of Benefit, including the
planned EastLake III Project, Rolling Hills Ranch development, and the Olympic Training
Center, to the Poggi Canyon Interceptor. Other proposed development projects that will gravity
sewer to the Salt Creek Interceptor may also consider pumping wastewater to the Pogg/Canyon
Basin should the Salt Creek Interceptor not be available. These projects could include Otay
Ranch Village 11 in the Salt Creek Sewer Basin and Otay Ranch Villages 2 and 7 and the
Eastern Urban Center (EUC) in the Wolf Canyon Sewer Basins. As part of the Basin Plan
Update, available capacity in the Poggi Canyon Interceptor under pumped flow loading was
evaluated and improvements required to facilitate pumped operations were identified.
Pumped Flow Sewer Alternatives
Subsequent to completion of planned facility improvements at the Otay Lakes Road Pump
Station and in the Poggi Canyon Interceptor, three alternative pumped flow operations will be
available to the City. These alternatives are illustrated schematically in Figures 2 throu~h 4.
Valves located in the force mains at Hunte Parkway and Olympic Parkway and slide gates in the
gravity mains in Otay Lakes Road will control the pumped flow operation.
Alternative 1 represents the existing pumped flow operation where all wastewater generated
within the Area of Benefit is pumped to the Telegraph Canyon Sewer Basin. Flows tributary to
the Olympic Parkway Pump Station from portions of EastLake Trails, EastLake Greens and the
Olympic Training Center are pumped via force mains in Olympic Parkway and Hunte Parkway
to the Otay Lakes Road Pump Station. These flows combine with tributary flows to the Otay
Lakes Road Pump Station from Rolling Hills Ranch and EastLake and are pumped by the Otay
Lakes Road Pump Station to the Telegraph Canyon Trunk Sewer via a force main in Otay Lakes
Road.
Alternative 2, which is the planned future operation, will consist of pumping all wastewater
generated within the Area of Benefit to the Pog~ Canyon Sewer Basin. Flows tributary to the
Otay Lakes Road Pump Station will bypass the station and flow to the existing reach of the Salt
Creek Interceptor located within the EastLake Trails subdivision. These flows will combine with
tributary flow to the Olympic Parkway Pump Station and the combined flow will be pumped by
the Olympic Parkway Pump Station to the Poggi-Canyon Interceptor via a force main in Olympic
Parkway.
Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Alternative 3 consists of pumping wastewater generated within the Area of Benefit to both the
Telegraph Canyon and Poggi Canyon Sewer Basins. Flows tributary to the Otay Lakes Road
Pump Station will be pumped by that station to the Telegraph Canyon Trunk Sewer via a force
main in Otay Lakes Road. Flows tributary to the Olympic Parkway Pump Station will be
pumped by that station to the Poggi Canyon Interceptor via a force main in Olympic Parkway.
While this alternative is not expected to be the pr/mary mode of operation, the City will have the
ability to convey all or part of the flow generated in the Area of Benefit as shown in Figures 2
and 4, respectively.
Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Planned improvements required to implement Alternatives 2 and 3 include construction of a
bypass pipe around the Otay Lakes Road Pump Station and slide gates in the manhole at the head
of the bypass to direct flow to either the bypass (and eventually the Poggi Canyon Basin) or to
the Otay Lakes Road Pump Station (and eventually the Telegraph Canyon Basin). Additionally,
installation of plug valves in the rome mains downstream of the intersection of Olympic Parkway
and Hunte Parkway will be required to direct flow discharged, fi.om the Olympic Parkway Pump
Station to either the Poggi Canyon Interceptor (and Pog~ Canyon Basin) or to the Otay Lakes
Road Pump Station (and eventually the Telegraph Canyon Basin). Design of these
improvements is expected to be completed in October 2002 and construction of the
improvements will be completed by the EastLake Company by the end of November 2002.
In addition to the improvements within the Area of Benefit described in the above paragraph, the
City is planning to construct a temporary diversion structure at the downstream end of the Poggi
Canyon Interceptor to allow up to 2.75 million gallons per day of wastewater in the Interceptor
to flow to the City of San Diego's Otay Valley Trunk Sewer. This diversion is required due to
capacity constraints in the City's existing Date-Faivre Trunk Sewer that currently receives
discharge from the Poggi Canyon Interceptor. Ultimately, wastewater flows in the Poggi
Canyon Interceptor will discharge to the lower reach of the Salt Creek Interceptor (identified as
Reach 9) and the temporary diversion will be removed. Completion of Reach 9 is expected by
summer of 2003. No pumping operation to the Pog~ Canyon Intemeptor will be permitted until
completion of the diversion structure.
SCOPE
-. The scope ofth/s report includes the following principal elements:
· Estimate development buildout in terms of equivalent dwelling units (EDU) for the Area
- of Benefit for a planning threshold of end-of-year 2005.
· Utilize the hydraulic model of the Poggi Canyon Interceptor developed as part of the
Basin Plan Update to identify improvements required to convey the projected ultimate
Pog~ Canyon Gravity Sewer Basin flows with and without the addition of pumped flow
loading.
· Develop an opinion of construction cost for the required improvements.
· Identify additional engineering and construction costs required to facilitate temporary
- pumping operations.
· Revise the existing Telegraph Canyon Sewer Pumped Flows DIF to fund the identified
improvements.
METHODOLOGY
A hydraulic model of the Poggi Canyon Interceptor at projected ultimate gravity basin buildout
was developed based on available construction plans and current land use planning projections.
Peak flow conditions within the Interceptor were simulated and reaches where the peak d/D ratio
exceeded the City's design criteria of 0.85 were identified.
Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
A subsequent simulation was performed that modeled projected ultimate gravity basin buildout
and the additional loading of the Olympic Parkway Pump Station at the head of the Interceptor.
The pump flows represented the projected n0mber of equivalent dwelling units (EDUs) that are
anticipated to be tributary to the Olympic Parkway Pump Station at the end of year 2005.
Developments contributing sewage to the pump station include - Rolling Hills Ranch; EastLake
Woods, Vistas, Trails, and Greens; and the Olympic Training Center.
The principal assumptions made in the pumped flow simulation/nchide:
· The Poggi Canyon Gravity Basin is built out
· The Eastlake Parkway Pump Station is discharging to the Poggi Canyon Interceptor (tkis
pump station currently discharges to the Telegraph Canyon Tnmk Sewer)
· The Olympic Parkway Pump Station discharge capacity is increased to 2,500 gpm to
accommodate projected Year 2005 peak tributary basin inflow rates
Reaches which exceeded a peak d/D ratio of 0.85 under the pumped flow scenario were
identified and the required improvements due solely to the addition of pumped flow were
determined by subtracting the required improvements identified for the gravity basin buildout
from the total improvements required for the gravity basin buitdout with pumped flow.
A cost estimate for replacement of the identified reaches was developed by applying a unit cost
to each improvement reach. Consistent with the 1993 Telegraph Canyon Sewer Basin
Improvement and Financing Plan Amendment Incorporating Pumped Flows, the DIF was re-
-'' evaluated using the same approach. The D[F was then computed by dividing the estimated cost
of the required improvements (and associated incidental costs) attributable to the pumped flow
_ loading by the number of EDUs projected to be completed within the Area of Benefit by the end
of 2005.
AREA OF BENEFIT DEVELOPMENT PROJECTIONS
The Area of Benefit is located entirely within the Salt Creek Sewer Basin, which includes the
drainage basins of Salt Creek and the eastern portion of the Otay River as well as portions of the
Otay Lakes drainage basin. Existing and planned development within the Area of Benefit
includes Rolling Hills Ranch; EastLake Woods, Vistas, and Trails; portions of EastLake Greens;
and the Olympic Training Center. Figure 5 shows the Area of Benefit boundary.
Projected development that will be completed in the Area of Benefit by the end of year 2005
_ (planning threshold) was estimated based on information supplied by land developers. The
development projections were verified by City staff and determined to be in conformance with
SPA/GDP planning projections. Table 1 presents the estimated basin EDUs. Note that EDU
estimates were derived by application of conversion factors based on the City's current
Subdivision Manual. The EDU estimates are provided for use in financial analysis only, the
hydraulic capacity modeling did not use EDU conversions, but rather estimated future sewage
generation rates based on flow metering data.
~,~1~ 10 Pumped Sewer DIF Engineering Study
-- .~j::~ ._,.~ October 2002
City of Chula Vista
Table 1
Area of Benefit Pumped Flow Tributary Basin
Year 2005 Development Projections
EDU Conversion(1)
Development Land Use Units (EDU/Unit) Total EDUs
EastLake Greens SF Residential 789 DU 1.00 789.0
MF Residential 274 DU 0.75 205.5
Park 3.0 ac 1.89 5.7
,EastLake Trails SF Residential 956 DU 1.00 956.0
MF Residential 211 DU 0.75 158.3
Rec Center 6.0 ac 1.89 11.3
Elementary School 600 stu 0.06 36.0
Park 19.0 ac 1.89 35.9
EastLake Ill SF Residential 1,357 DU 1.00 1,357.0
MF Residential 250 DU 0.75 187.5
Elementary School 600 stu 0.06 36.0
Middle School 1,200 stu 0.08 96.0
Rolling Hills Ranch SF Residential 983 DU 1.00 983.0
Rec Center 0.85 ac 1.89 1.6
Ol~,mpic Training Center 151.0
TOTAL 5,009.8
1) EDU Conversion Factors based on Chula Vista Subdivision Manual Planning Critera:
(1) DU Single-Family Res (3.3 pedDU) = 265 gallons per day (gpd) = 1 EDU
(1) DU Multi-Family Res (2.5 per/DU) = 199 gpd = 0.75 EDU
(1) acre Community Purpose Facility = 2,500 gpd = 9.43 EDU
(1) acre Park = 500 gpd = 1.89 EDU
(1) Elementary School Student = 15 gpd = 0.06 EDU
(1) Middle School Student = 20 gpd = .08 EDU
POGGI CANYON INTERCEPTOR IMPROVEMENTS
The hydraulic model developed as part of the Basin Plan Update was utilized to simulate flow
conditions within the Poggi Canyon Interceptor subjected to ultimate gravity basin loading only
and both gravity basin and pumped flow loading. As documented in the Basin Plan Update, the
model was calibrated to peak holiday flow conditions and thus provides a conservative
estimation of projected peak flow depth within the Interceptor. For both simulations, reaches of
the Interceptor where the peak flow depth to pipe diameter ratio (d/D) exceeded the City
threshold of 0.85 were identified and the required replacement pipe size was determined such
that the peak d/D ratio was reduced to below 0.85. Figure 6 displays the improvement reaches
identified for each simulation.
Table 2 presents the improvements required to convey the projected ultimate gravity basin flow
based on a peak d/D threshold of 0.85. Note that improvement of the two reaches identified in
the Table was included in the Pog~ Canyon Basin Plan and will be funded through the existing
Pog~ Canyon Gravity Sewer Basin DrF.
~[~,~ 12 Pumped Sewer DIF Engineering Study
.~--~ "/~ O October 2002
City of Chula Vista
Table 2
Poggi Canyon Interceptor Improvements
Ultimate Gravity Basin
Manhole Existing Replacement Pipe Cost
Diameter Diameter Per Foot(1) Length Pipe Cost
From To (in) (in) ($) (ft) ($)
P195 P190 18 24 214 546.2 116,900
P190 P185 18 24 214 114.3 24,500
CONSTRUCTION TOTAL 660 $141,400
Engineering (15%) $21,21¢
Contingency (20%) $28,280
City Administration (5%) $7,070
TOTAL $198,000
1) Unit cost for PVC sewer pipe
Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Table 3 shows the improvements required to convey both the projected ultimate gravity basin
and end-of-year 2005 Area of benefit pumped sewage flows based on a peak d/D threshold of
0.85.
Table 3
Poggi Canyon Interceptor Improvements
Ultimate Gravity Basin and Year 2005 Area of Benefit Pumped Flows
Manhole Existing Replacement Pipe Cost
Diameter Diameter Per Foot(t) Length Pipe Cost
From To (in) (in) ($) (fi) ($)
P410 P405 18 21 200 324.7 64,900
P360 P355 18 21 200 343.5 68,700
P355 P350 18 21 200 342.8 68,600
P350 P345 18 21 200 344.2 68,800
P305 P300 18 21 200 395.4 79,100
P300 P295 18 21 200 372.6 74,500
P275 P270 18 21 200 68.9 13,800
P270 P265 18 21 200 61.0 12,200
P250 P245 18 21 200 199.7 39,900
P195 P190 18 24 214 546.2 116,900
P190 P185 18 24 214 114.3 24,500
CONSTRUCTION TOTAL 3,113 $631,900
Engineering (15%) $94,785
- Contingency (20%) $126,380
, City Adm n stration (5%) $31,595
TOTAL $884,700
1 ) Unit cost for PVC sewer pipe
Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Table 4 lists the required improvements to the Interceptor due only to the introduction of
projected end-of-year 2005 pumped flows.
Table 4
Poggi Canyon Interceptor Improvements
Required Due to Year 2005 Area of Benefit Pumped Flows
Manhole Existing Replacemenl Pipe Cost
Diameter Diameter Per Foot(i) Length Pipe Cost
From To (in) (in) ($) (fi) ($)
P410 P405 18 21 200 324.7 64,900
P360 P355 18 21 200 343.5 68,700
- P355 P350 18 21 200 342.8 68,600
P350 P345 18 21 200 344.2 68,800
P305 P300 18 21 200 395.4 79,100
P300 P295 18 21 200 372.6 74,500
P275 P270 18 21 200 68.9 13,800
P270 P265 18 21 200 61.0 12,200
P250 P245 18 21 200 199.7 39,900
CONSTRUCTION TOTAL 2,463 $490,500
Engineering (15%) $73,575
.. Contingency (20%) $98,100
City Administration (5%) $24,525
TOTAL
- $686,700
~ ~ i ~,,;+ ,-,.~+ ~. m, 'C sewer pipe
PROPOSED MODIFICATIONS TO DEVELOPMENT IMPACT FEE
As it exists today, the City has established the Telegraph Canyon DP, which levies a fee of $560
per EDU on all development within the Area of Benefit. Th/s fee will be modified based on the
required improvements to pump wastewater generated in the Area Of Benefit to the Poggi
Canyon Sewer Basin as an alternative to pumping to the Telegraph Canyon Basin.
The hydraulic analysis indicates that approximately 2,453 feet of existing sewer pipe will require
future improvement to accommodate projected pumped sewage flows fi.om the Area of Benefit
in addition to the projected ultimate gravity basin sewage flow. In addition, eng/neering studies,
on-going monitoring of the Interceptor, and the construction of approximately 2,522 feet of
oversized reaches of the Interceptor will be required to implement the planned pumped flow
operation. The oversized reach, which extends in Olympic Parkway fi.om La Media Road to
East Palomar Road, was identified as a 15-inctrsewer in the BasIn Plan. Hydraulic modeling
conducted as part of the Basin Plan Update, however, indicated that an 18-inch diameter sewer
will be required to convey the anticipated peak pumped flow volumes and consequently an 18-
inch sewer was installed.
,~.,~ 16 Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
The City has chosen to pursue financing 'of the facilities and studies through modification of the
existing Telegraph Canyon Sewer Pumped Flows DIF. A modified fee per EDU was computed
by dividing the total estimated cost of the improvements and studies by the number of EDUs
projected to be completed within the Area of Benefit by the end of year 2005. Table 5 presents
the DIF calculation. All new development within the Area of Benefit will be required to pay the
Pumped Sewer D[F until the Salt Creek Interceptor is completed and the pumping operation is
no longer necessary. Existing EDUs in the Area of Benefit that have previously paid the
Telegraph Canyon Pumped Sewer D[F (approximately $560 per EDU) will not be required to
pay any additional fee. The DP obligations for existing EDUs will be adjusted by methods such
as reduced letters of credit or reallocation of cash deposits to reflect the new DIF mount, which
is lower than the current Telegraph Canyon Pumped Sewer
Table 5
Pumped Sewer DIF
Fee Calculation
!Component Estimated Cost
Interceptor Improvements $686,700
Poggi Canyon Pumped Flow Analysis Study $57,500
Poggi Canyon DIF Engineering Study $13,500
Oversize of 2,522 Feet of Poggi Canyon interceptor (15 to 18-inch) $10,000
· -- Poggi Canyon Interceptor Metering Program (City labor, install two
meters bimonthly through 2005) $60,000
Telegraph Canyon Trunk Sewer Metering Program (City labor, install two
-- meters bimonthly through 2005) $60,000
Purchase (2) velocity/depth meters for City $15,000
_ TOTAL $902,700
Year 2005 Estimated Area of Benefit Pumped Basin EDUs 5,010
Development Impact Fee per EDU $180
~,~ 17 Pumped Sewer DIF Engineering Study
October 2002
City of Chula Vista
Appendix A
Hydraulic Analysis Summaries
Pumped Sewer DIF Engineering Study
October 2002
Ultimate
Eastlake Onb/
(fi) (~) (%) (~t) (cfs) (cfs) ~ Time (hr) Depth above Freeboan$ to d/D = 0.85 d/D = 1
D105 3 2462 0.114 1.2617216 9601105 0 042 0 65
P200 1.75 133.05 0.61 ' 0.9666194 8 039983 0 055 0 2.7
P205 1.75 25358 0.56 1.0038671 8.040228 0 0.57 0 3 8
O9/26/2OO2
Ultimate
Eastlake Only
1.5 368.24 1.5 0.3900093 2.¢59877 0 0.26 0 12.4
(fi) (h) (%) (ft) (cls) (cfs) CVD Time (hr) Depth above Freeboard to
. Total Length Exceeding cl/D = 0.85: I 1141
(fi) (8) (./o) (fi) (ets) (cf~)
P285 1.5 370.28 208 0.7056588 10.~7107 0 051 0 13.5
P29~1 15 395 210 0.5489~09 10.17102 0 0.57 0
P295 1.5 39549 0.98 1.1148226 10.17125 0 0.74 0 17.4
P3(X} 15 37263 06 1.9296229 10.17158 0 1.29 1448958 0.42962288 190 372.63 372.63
P305 1.5 395~i 0.6 2.3876~65 10.17329 0 1.59 2.204167 0.88766646 200 395.44 395.44
P310 1.0 15011 5 0.6599291 10.174~9 ,0 0,~4 0 155
P315 1.5 =1343 141 0.9705369 10.12841 0 065 0 143
P585 1,5 402.5 2 0.6365565 5.982219 0 0.42 0 13.6
P590 1.5 395 I 0.7783272 6.00198 0 052 0 130
097Z~2002
Max Surcharge I Length Exceeding I Lengt~ ~xceed~lg
S125 3.5 158.16 034 1.0513309 12.3~111 0 0.30 0 11.8
$130 3.5 4515 034 1.0527687 12.38107 0 0,30 0 11.7
$135 35 569 0.73 0.8604074 12.35115 0 0.25 0 11.6
$140 35 594 0.9 0.8173247 12.38123 0 0.23 0 I1.9
IPPER OTAY LAKE
WOLF..- ..... PUMP ) ~
CANYON STATION ' ~'
S~tNER
: SALT CREEK LOINER
OTAY LAKE
SEWER
NOT TO SCALE
LEGEND
~ ROLUNG HILLS RANCH
~ EASTLAKE (TRAILS, WOODS & VISTAS)
OLYMPIC TRAINING CENTER
, ,,, ,, CITY BOUNDARY
: EXISTING TELEGRAPH CANYON TRUNK SEWER
.... EXlSTING POGGI CANYON BASIN SEWER INTERCEPTOR
........... PROPOSED WOLF CANYON TRUNK SEWER
PROPOSED SALT CREEK GRAVITY SEWER INTERCEPTOR
EXHIBIT 4 I DRAVVN BY: S. HI~
PUMPED FLOW TRIBUTARY BASIN o^TE: o~o9~02 I ~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A REPORT PREPARED BY
PBS&J RECOMMENDING THE UPDATE OF THE
TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE TO ADDRESS CAPACITY
CONSTRAINTS ON THE TELEGRAPH CANYON TRUNK
SEWER
WHEREAS, the Salt Creek Gravity Sewer Interceptor, that will serve all the
development within the Salt Creek Sewer Basin, is anticipated to be completed by the summer of
2003; and,
WHEREAS, the Eastlake Company wants to go forward with the Eastlake III project,
xvhich is entirely in the Salt Creek Sewer Basin, and therefore on June 17, 2002, the Eastlake
Company retained Post, Buck, Schuh & Jerigan, Inc. (PBS&J) to evaluate various alternatives
for providing sewer service to Eastlake III in lieu of the Salt Creek Gravity Sewer Interceptor;
and,
WHEREAS, PBS&J prepared on September 2002, the "Pumped Sewer Development
hnpact Fee Engineering Study" that evaluated the sewer capacity constraints in the Telegraph
Canyon Trunk Sewer and recommended the revision of the Telegraph Canyon Sewer Pumped
Flows Development Impact Fee; and,
WHEREAS, the PBS&J study determined that if the flows were pumped into the
Telegraph Canyon Trunk Sewer, in addition to the flows akeady being pumped into the line, the
line would have to be significantly upsized well beyond the scope of the current improvements;
also, recent flow monitoring indicated that the trunk sewer is rapidly approaching threshold
capacity. Based on these constraints, the study determined that since the trunk line was located
in a highly traveled roadway, it would be extremely expensive and disruptive to try to complete
the required improvements in time to avoid the system becoming overburdened; and,
WHEREAS, the following is a general list of recommendations that the 2002, "Pumped
Sewer Development Impact Fee Engineering Study" made regarding the Telegraph Canyon
Pumped Flows DIF:
· The Poggi Canyon Basin Sewer Interceptor will be included as one of the approved
facilities financed by the DIF.
· Decrease the DIF from $560 to $180 per Equivalent Dwelling Unit (EDU).
· The Area of Benefit established in the Tele~aph Canyon Sewer Pumped Flows DIF will
remain the same and pumping of some or all of the sewage flows generated in the Area of
Benefit to Telegraph Canyon Trunk Sewer will remain an operational alternative
Resolution No.
Page 2
· To support alternative pumping operations, the City will maintain and monitor both the
Poggi Canyon Basin Sewer Interceptor and the Telegraph Canyon Trunk Sewer.
· The name of the Telegraph Canyon Sewer Pumped Flows Development Impact Fee will
be changed to the Pumped Sewer Development Impact Fee, since the DIF will not only
finance sewer improvements in the Telegraph Canyon Trunk Sewer, but also in the Poggi
Canyon Basin Sewer Interceptor.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby accept a report prepared by PBS&J recommending an updated Telegraph Canyon
Pumped Flows Development Impact Fee to mitigate the sewer capacity impacts generated by the
Pmnped Flow Basin to the sewer system, a copy of which is attached hereto as Exhibit A and is
incorporated herein by reference as if set forth in full.
Presented by: Approved as to Form by:
John P. Lippitt Jol~t,l~ff. l~aheny
Public Works Director City Attorney
J:\EngineerLa, GENDA\pumped flow resolution.sh doc
LAST PRINTED 10/16/2002 ] :56 PM
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING ORDINANCE 2582 TO
ADD THE POGGI CANYON BASIN SEWER
INTERCEPTOR AS ONE OF THE FACILITIES
FINANCED BY THE TELEGRAPH CANYON SEWER
PUMPED FLOWS DEVELOPMENT IMPACT FEE AND
TO CHANGE THE NAME TO PUMPED SEWER
DEVELOPMENT IMPACT FEE
WHEREAS, developers of land within the City should be required to mitigate the
burden created by development through the construction or improvement of sewer
facilities within the boundaries of the development and either the construction or
improvement of sewer facilities outside the boundaries of the development which are
needed to provide service to the development in accordance with City standards or the
payment of a fee to finance a development's appropriate portion of the total cost of the
sewer facilities; and,
WHEREAS, all development within the City contributes to the cumulative
burden on various sewer facilities in direct relationship to the amount of population
generated by the development or the gross acreage of the commercial or industrial land in
the develo, pment; and,
WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows
Basin") is that area of land shown on the map attached hereto as Exhibit "2" (Exhibit 1
omitted)* which map is generally comprised of those portions of Poggi Canyon and Salt
Creek drainage basin within the City of Chula Vista, or its sphere of influence, from
which wastewater will be collected and pumped into the Telegraph Canyon Sewer Basin
("Gravity Basin"); and,
WHEREAS, the City desires and desired to oversize the Oravity Basin sewer
facilities as a backup plan in order to accommodate sewage flow from the Pumped Flows
Basin in the event that flows from the Pumped Flows Basin, in combination with the
Gravity Basin flows, exceed the capacity of the Gravity Basin sewage system before
adequate alternate sewage facilities (gravity drainage, treatment plants, reclamation
plants, etc.) are available in the Salt Creek and Poggi Canyon drainage basins to handle
the Pumped Flo;vs; and,
WHEREAS, this was and is intended to be a "backup plan" inasmuch as the City
expects that the flows in the Pumped Flows Basin will, with the construction of the
necessary sewer facilities ("Poggi Canyon/Salt Creek Facilities"), eventually drain by
gravity flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt
Creek Sewer Gravity Basins"), ant tke~ int~ tke Otay Va!!ey; and,
Ordinance
Page 2
WHEREAS, at such time as it appears, at the sole discretion of the City Council,
that such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the
intention of the City Council to terminate the imposition of this Development Impact Fee,
and further, at such time and in such manner as the City Council, in its sole discretion,
determines to be fair and equitable return any unused funds to the property owners
existing at that time of the properties for which the fee was collected initially; and,
WHEREAS, on February 25, 1992 the City Council passed Resolution No.
16518 approving an amendment to the agreement between the City of Chula Vista and
Willdan Associates for preparation of said Backup Plan, therein referred to as the
"Amended Plan"; and,
WHEREAS, on February 25, 1992 the City Council passed Resolution No.
16519 approving the First Amendment to the Telegraph Canyon Basin Sewer Monitoring
and Gravity Basin Usage Agreement which obligates EastLake to pay for the preparation
of the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows ("Backup Plan").
WHEREAS, pursuant to said agreement with Willdan, Willdan Associates have
prepared a proposed Backup Plan dated June 9, 1993 for approval by the City Council
(herewith done); and,
WHEREAS, on September 2002, Post, Buckler, Schuh & Jeritan, Inc. (PBS&J)
revised the abovementioned "Backup Plan" and prepared the report, titled "Pumped
Sewer Development Impact Fee Engineering Study". In this engineering report, PBS&J
recommended the continuation of the monitoring on the Telegraph Canyon Trunk Sewer
and the use of the Poggi Canyon Basin Sewer Interceptor as an alternative to the
Telegraph Canyon Sewer, since the Telegraph Canyon Trunk Sewer line was
approaching; threshold capacity; and,
~ .....~ F!~:vs F_~; .... .
and,
WHEREAS, the~.~. ....... ......... n Backup r,,._ 2002, "Pumped Sewer Development
Impact Fee Engineering Study" det~nrn, ines determined that new development within the
Ordinance
Page 3
Pumped Flows Basin will create adverse impacts on the City's existing sewer facilities
within the Gravity Basin (to wit, that the sewage expected to be generated from new
development within the Pumped Flows Basin, when combined with the sewage flows
from the Gravity Basin, will exceed tbe capacity of the current sewer system in the
Gravity Basin). These impacts must be mitigated by the financing and construction of
certain sewer facilities identified in this ordinance; and,
~VHEREAS, said 2002, proposed-~..-~.r~'~'"' m~,,..~.. "Pumped Sewer Development
Impact Fee Enaineering Studv'~' (1) includes an estimate of ultimate sewer flows
anticipated from the Pumped Flows Basin; (2) recommends improvements to handle the
combined incremental increases of sewage flow anticipated from the Pumped Flows
Basin and from the Gravity Basin; and (3) establishes a fee payable by persons obtaining
building permits for developments within the Pumped Flows Basin benefiting from
Gravity Basin trunk sewer improvements; and,
WHEREAS, sewer improvements and a fee to be levied on new developments in
the Pumped Flows Basin have been justified in the proposed Bac~ ..... 2002, "Pumped
Sewer Development Impact Fee Eneineering Study'_'; and,
WHEREAS, the City Council determined, based upon the evidence presented at
the Public Hearing, including, but not limited to, the 199~3, "Backup Plan", the 2002~
"Pumped Sewer Development Impact Fee Engineering Study" and the various reports
and other information received by the City Council in the course of its business, that
imposition of the sewer facilities development impact fee on all developments within the
Pumped Flows Basin in the City of Chula Vista for which building permits have not yet
been issued is necessary in order to protect the public safety and welfare and to ensure
effective implementation of the City's Geueral Plan; and,
WHEREAS, the City Council has determined that the amount of the fee levied by
this ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES ORDAIN AS FOLLOWS:
SECTION 1: That the Approval of Backup Plan set forth in Section 1 of Ordinance
2582 shall be amended to read as follows:
"SECTION 1. Approval of Backup Plan.
The City Council has independently reviewed the proposed
Backup Plan herewith presented, finds that it is fair, reasonable and
equitable to all parties, and herewith adopts same in the form on
file with the City Clerk, and on file in the Office of the City
Engineer.
Ordinance
Page 4
Also, the City Council has independently reviewed the "2002,
Pumped Sewer Development Impact Fee En~:ineerin~ Study",
herewith presented, finds that it is fair, reasonable and equitable to
all parties, and herewith adopts same in the form on file with the
City Clerk and on file in the Office of the City Engineer."
SECTION 2: That the list of Facilities set forth in Section 2 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 2: Facilities
The facilities which are the subject matter of the fee herein
established are fully described in the 199~3, "Backup Plan" at page
24 thereof, and the locations at which they will be constructed are
more fully described on Plates I through 14 under the section
thereof entitled "Improvement Locations"; and in the 2002,
"Pumped Sewer Development Impact Fee En~ineerin~ Study",
Figure 6 Po~:~i Canyon Interceptor Improvements and Table 4,
Po~i Canyon Interceptor Improvements - Required Due to Year
2005 Area of Benefit Pumped Flows, all of which facilities may be
modified by the City Council from time to time by resolution
("Facilities"). The City Council may modify or amend the list of
projects herein considered to be part of the Facilities by written
resolution in order to maintain compliance with the City's Capital
Improvement Program or to reflect chm~ges in land development
and estimated and actual wastewater flow."
SECTION 3: That the Territory to Which Fee Is Applicable set forth in Section 3 of
Ordinance 2582, shall be amended to read as follows:
"SECTION 3: Territory to Which Fee Is Applicable
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to the
Backup Plan, entitled "Developments Subject to Pumping
(Pumped Flows Basin), Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating
Pumped Flows," shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory" or
alternatively "Pumped Flows Basin" and is generally described as
that area to the East of the Telegraph Canyon Sewer Basin, within
the Salt Creek and Poggi Canyon Basins. This same area is also
shown in the 2002, "Pumped Sewer Development Impact Fee -
En~ineerin~ Study"."
Ordinance
Page 5
SECTION 4: That the Purpose set forth in Section 4 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 4: Purpose.
By Ordinance No. 2533, the City Council approved a plan
("Gravity Basin Plan") for the financing and construction of the
sewer-related facilities necessary to serve only the sewage
transmission demands for the EDU's in the Gravity Basin. The
purpose of Ordinance No. 2582 and this ordinance is to provide the
necessary financing to oversize, stud,/ and monitor such sewer-
related facilities in the Telegraph Canyon Sewer Gravity Basin, as
defined in Ordinance No. 2533, Section 2, Territory ("Gravity
Basin"); and in the Poe;gi Canyon Sewer Basin, as defined in the
2002, "Pumped Sewer Development Impact Fee Engineering:
_Study", to accommodate sewage flows pumped into the Telegraph
and Pog~:i Canyon Gravity Basins from the Pumped Flows Basin."
SECTION 5: That the Determination of Equivalent Dwelling Units set forth in Section 7
of Ordinance 2582, shall be amended to read as follows:
"SECTION 7: Determination of Equivalent Development Units.
Each single-family detached d~velling or single-family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi- family dwelling shall be considered 0.75
EDU. Every other commercial, industrial, non-profit, public or
quasi-public, or other usage shall be charged at a rate calculated in
accordance with Table 1 of the 2002, "Pumped Sewer
Development Impact Fee Engineerine: Study". Figure 5, Page 9 cf
the Backup Plan."
SECTION 6: That the Purpose and Use 0fFee set forth in Section 9 of Ordinance 2582,
shall be amended to read as follows:
"SECTION 9: Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning (including
preparation of the 199_ 3, "Backup Plan" and the 2002, "Pumped
Sewer Development Impact Fee Ene;ineering Study"), design,
study, construction, repair, maintenance, and/or financing
(including the cost of interest and other financing costs as
appropriate) of the Facilities, or reimbursement to the City or, at
the discretion of the City if approved in advance in writing, other
Ordinance
Page 6
third parties for advancing costs actually incurred for planning,
desiglfing, constructing, or financing the Facilities."
SECTION 7: That the Amount of Fee; Amendment of Master Fee Schedule set forth in
Section 10 of Ordinance 2582, shall be amended to read as follows:
"SECTION 10: Amount of Fee; Amendment of Master Fee
Schedule.
The Fee shall be calculated at the rate of $180 $560 per EDU.
Chapter XV of the Master Fee Schedule is hereby amended to add
Section B, which shall read as follows:
"B. Pumped Sewer Telegrapk r-~_..:v., ...... -~..~,c ...... Pumped Flows
Development Impact Fee.
This section is intended to memorialize the key provisions of
Ordinance No. 2547, but said Ordinance governs over the
provisions of the Master Fee Schedule. For example, in the event
of a conflict in interpretation between the Master Fee Schedule and
the Ordinance, or in the event those additional rules applicable to
the imposition of the Fee, the language of the Ordinance governs.
a. Territory to which Fee applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to the
1993~, "Backup Plan", entitled "Developments Subject to Pumping
Pumped Flows Basin", Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating
Pumped Flows", shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory or alternatively
"Pumped Flows Basin" and is generally described as that area to
the East of the Telegraph Canyon Sewer Basin, within the Salt
Creek and Poggi Canyon Basins. This same area is also shown in
the 2002, "Pumped Sewer Development Impact Fee Ene:ineerine:
S_tudv"~.
b. Rate per EDU.
The Fee shall be calculated at the rate of 1~/~_ .... eqan per EDU,
which rate shall be adjusted from time to time by the City
Council.
c. EDU calculation
Ordinance
Page 7
Each single-family detached dwelling or single-family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi~family dwelling shall be considered
0.75 EDU. Every other commercial, industrial, non-profit,
public or quasi-public, or other usage shall be charged at a rate
calculated in accordance with Table 1 of the 2002, "Pumped
Sewer Development Impact Fee Engineering Stud,f~. r~..~.~ ...... ~,
Page 9 of the Bat!:'.:? Plan.
d. When Payable.
The Fee shall be paid in cash not later than immediately prior
to the issuance of a building permit, except that a Letter of
Credit Procedure is permitted for this Fee in the adopting
Ordinance, as same may, from time to time, be amended.
The City Council intends to review the amount of the Fee annually
or from time to time. The City Council may, at such reviews,
adjust the amount of this Fee as necessary to assure construction
and operation of the Facilities, the reasons for which adjustments
may include, but are limited to, the following: changes in the costs
of the Facilities as may be reflected by such index as the Council
deems appropriate, such as the Engineering-News Record
Construction Index; changes in the type, size, location or cost of
the Facilities to be financed by the Fee; changes in land use on
approved tentative maps or Specific Plan Amendments; other
sound engineering, financing and planning information.
Adjustments to the above Fee may be made by resolution
amending the Master Fee Schedule."
SECTION 8: That the Authority for Accounting and Expenditures set forth in Section
11 of Ordinance 2582, shall be amended to read as follows:
"SECTION 11: Authority for Accounting and Expenditures.
The Tele~;raph Canyon Sewer Basin Pumped Flows Development
Impact Fee Fund (TCSBPF D1F) will henceforth be referred to as
Pumped Sewer Development Impact Fee (PS DIF). The proceeds
collected from the imposition of the Fee (PS DIF) shall be
deposited into a public famhty financing fund, .... ~,.~.. Canyen
Sewer r~o;~ r, ..... ,~ ~ ..... Deve!e?ment ~ .... * ~"~" "Pumped
Sewer Development Impact Fee Fund", or alternatively herein
"Fund" or "TCSP. PF P~S DIF Fund") '.'.'.~Jch ~ hereby created and
Ordinance
Page 8
such proceeds shall be expended only for the purposes set forth in
this ordinance.
The Director of Finance is authorized to establish various accounts
within the Fund for the Facilities identified in this ordinance and to
periodically make expenditures from the Fund for the purposes set
forth herein in accordance with the facilities phasing plan or capital
improvement plan adopted by the City Council."
SECTION 9: That the Findings set forth in Section 13 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 13: Findings.
The City Council finds that collection of the Fees established by
this ordinance at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities
concurrent with the need for these facilities and to ensure certainty
in the capital facilities budgeting for growth impacted public
facilities.
The City Council finds that developers of land within the City
should be required to mitigate the burden created by development
throueh the construction or improvement of sewer facilities within
the boundaries of the development and either the construction or
improvement of sewer facilities outside the boundaries of the
development which are needed to provide service to the
development in accordance with City standards or the payment of a
fee to finance a development's appropriate portion of the total cost
of the sewer facilities; and,
The City Council finds that the legislative findings and
determinations set forth in Ordinance 2582 continue to be true and
correct; and,
The City Council tin__ds, after consideration of the evidence
presented to it, including the 2002, Pumped Sewer Development
Impact Fee Engineerin~ Study, prepared by PBS&J, that the
inclusion of the Poggi Canyon Basin Sewer Interceptor as one of
the facilities to be financed by the development impact fee and the
chano:e of the Telegraph Canyon Sewer Pumped Flows
Development Impact Fee to Pumped Sewer Development Impact
Fee are necessary in order to assure adequate sewer service to the
Pumped Flow Basin; and,
Ordinance
Page 9
The City Council finds, based on the evidence presented at the
meeting and the various reports and information received by the
City Council in the ordinary course of its business, that the
imposition of the Pumped Sewer Development Impact Fee on all
development in the Pumped Flow Basin for which building permits
have not been issued is necessary in order to protect the public
health, safety and welfare; and,
Tile City Council finds that tile amount of the amended fees levied
by this Ordinance does not exceed the estimated cost of providing
the sewer service to the developments within the Pumped Flow
Basin; and,
The City Council finds that it is appropriate to re-evaluate the
development impact fee to reflect the findings of the 2002,
Pumped Sewer Development Impact Fee Engineering Study and
the inclusion of the Poggi Canyon Basin Sewer Interceptor as
another alternative to diversion of the pumped flows from the
Pumped Flow Basin; and,
The City Council finds it is necessary to ensure the option to
pumped flows to the Poggi Canyon Basin Sewer Interceptor before
the threshold capacity limits are exceeded in the Telegraph Canyon
Trunk Sewer and to ensure the timely payment to adequately fund
ongoing and future sewer improvements, flow monitoring and
studies required in the Telegraph Canyon Trunk Sewer and Poggi
Canyon Basin Sewer Interceptor triggered by the pumped sewer
SECTION 10: That the Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer set forth in Section 15 of Ordinance 2582, shall be amended to
read as follows:
"SECTION 15: Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development project in the Territory of
the Pumped Flows Basin is required as a condition of approval of
an entitlement (e.g., General Plan Amendment, Pre-zoning,
General Development Plan, SPA Plan, etc.) to cause a portion of
the sewer system which is the subject matter of a Facilities
enhancement planned for improvement under the Gravity Basin
Plan to be oversized under the Backup P!2.n 2002 "Puml~ed Sewer
Development Impact Fee Engineering Study", the City may
Ordinance
Page 10
require the developer to install the Facilities according to design
specifications approved by the City, that being with the
supplemental size or capacity in order to accommodate estimated
ultimate flow as indicated in tbe Basin Plan and subsequent
amendments, if such a requirement is imposed, the City shall first
grant credits against the developer's obligation to pay the Fee, and,
as to any excess, offer to reimburse the developer from the Fund
either in cash or over time as Fees are collected, at the option of
the City, for costs incurred by the developer for the design and
construction of the Facility not to exceed the estimated cost of that
particular Facility as included in the calculation and updating of
the Fee, and in an amount agreed to in advance of their expenditure
in writing by the City. The City may update the Fee calculation, as
City deems appropriate prior to making such offer. This duty to
extend credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee."
SECTION 11: That the Assessment District set forth in Section 20 of Ordinance 2582, shall be amended to read as follows:
"SECTION 20: Assessment District.
If any assessment or special taxing district is established to design,
construct and pay for any or all of the Facilities ("Work
Alternatively Financed"), the owner or developer of a project may
apply to the City Council for reimbursement from the Fund in an
amount equal to that portion of the cost included in the calculation
of the Fee attributable to the Work Alternatively Financed. In this
regard, the amount of the reimbursement shall be based on the
costs included in the Backup P!~ 2002, "Pumr~ed Sewer
Development Impact Fee En~ineerin~ Study, as amended from
time to time, and therefore, will not include any portion of the
financing costs associated with the formation of the assessment or
other special taxing district."
SECTION 12: That the Time Limit for Judicial Action set forth in Section 22 of
Ordinance 2582, shall be amended to read as follows:
"SECTION 22: Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void
or annul this ordinance shall be brought within the time period as
established by Gove~ment C~fie Section 54995 law after the
effective date of this ordinance. In accordance with Government
Code Section 66020 (d) (1), the ninety-day approval period to
Ordinance
Page 11
which parties maz protest begins upon the effective date of this
Ordinance."
SECTION 13: That the CEQA Findings for Statutory Exemption set forth in Section 23
of Ordinance 2582, shall be amended to read as follows:
"SECTION 23: CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Fee herein imposed is
for the purpose of obtaining funds for capital projects necessary to
maintain service within existing service areas. The Council finds
that the proposed Facilities are in existing rights-of-way parallel to
or replacing existing sewer lines. Therefore, the City finds that the
adoption of this Ordinance is statutorily exempt under the
CEQA Guidelines Section 15273 15282 (1)."
SECTION 14: Effective Date.
This ordinaoce shall become effective sixty (60) days after its
second reading and adoption.
Presented by
Director of Public Works City Attorney
J: Engineer~AGENDA'xpumped flow ordinanc¢-changes.sh.doc
Last printed 10/16/2002 1:57 PM
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF
CHULA VISTA, CALIFORNIA AMENDING
ORDINANCE 2582 TO ADD THE POGGI CANYON
BASIN SEWER INTERCEPTOR AS ONE OF THE
FACILITIES FINANCED BY THE TELEGRAPH
CANYON SEWER PUMPED FLOWS DEVELOPMENT
IMPACT FEE AND TO CHANGE THE NAME TO
PUMPED SEWER DEVELOPMENT IMPACT FEE
WHEREAS, the City Council is placing an Ordinance on its first reading which
will change the name of the Telegraph Canyon Sewer Pumped Flows Development
Impact Fee to Pumped Sewer Development Impact Fee and will add the Poggi Canyon
Basin Scwer Interceptor as one of the facilities financed by the development impact fee;
and,
WHEREAS, pursuant to Government Code Section 66017(a), the fees modified
by that Ordinance will not become effective until sixty (60) days after its second reading;
and,
WHEREAS, development in the City located within the Pumped Flow Basin will
be applying for building pemfits during the interim period before the development impact
fee modification becomes effective; and,
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an
interim fee as an urgency measure upon making a finding describing the current and
immediate threat to the public health, welfare and safety; and,
WHEREAS, said interim measure will be effective for thirty (30) days and may
be extended twice for additional thirty (30) day periods upon subsequent action by the
City Council; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has
determined that the project qualifies for a statutory exemption pursuant to Section
15282(1) of the State CEQA Guidelines. Thus, no further environmental review is
necessary; and,
WHEREAS, State Law requires said Urgency Ordinance to be adopted by a four-
fifths vote.
Ordinance
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary that its
Telegraph Canyon Sewer Pumped Flows Development Impact Fee be changed to
Pumped Sewer Development Impact Fee and go into effect immediately in order to avoid
sewage spills as a consequence of not having the option to use the Poggi Canyon Basin
Sewer Interceptor to pumped sewage flows. Immediate implementation of this Fee is
necessary due to the current and immediate threat to public safety which could arise from
the pumped flows remaining in the Telegraph Canyon Trunk Sewer beyond the threshold
capacity of the trunk sewer system causing sewage spills and failure of the sewer system.
The City Council finds that the prospect of sewage spills, failure of the sewer system and
concerns about an increased charge to remaining property owners constitutes a current
immediate threat to the public, welfare and safety justifying the immediate imposition of
this Fee.
SECTION 2: That the Approval of Backup Plan set forth in Section 1 of Ordinance
2582, shall be amended to read as follows:
"SECTION 1. Approval of Backup Plan.
The City Council has independently reviewed the proposed
Backup Plan herewith presented, finds that it is fair, reasonable and
equitable to all parties, and herewith adopts same in the form on
file with the City Clerk, and on file in the Office of the City
Engineer.
Also, the City Council has independently reviewed the "2002,
Pumped Sewer Development Impact Fee Engineering Stud,/",
herewith presented, finds that it is fair, reasonable and equitable to
all parties, and herewith adopts same in the form on file with the
City Clerk and on file in the Office of the City Engineer."
SECTION 3: That the list of Facilities set forth in Section 2 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 2: "Facilities"
The facilities which are the subject matter of the fee herein
established are fully described in the 199~3, "Backup Plan" at page
24 thereof, and the locations at which they will be constructed are
more fully described on Plates I through 14 under the section
Ordinance
Page 3
thereof entitled "Improvement Locations"; and in the 2002~
"Pumped Sewer Development Impact Fee Engineering Stud,/",
Figure 6 Poggi Canyon Interceptor Improvements and Table 4,
Poggi Canyon Intemeptor Improvements - Required Due to Year
2005 Area of Benefit Pumped Flows, all of which facilities may be
modified by the City Council from time to time by resolution
("Facilities"). The City Council may modify or amend the list of
projects herein considered to be part of the Facilities by written
resolution in order to maintain compliance with the City's Capital
Improvement Program or to reflect changes in land development
and estimated and actual wastewater flow."
SECTION 4: That the Territory to Which Fee is Applicable set forth in Section 3 of
Ordinance 2582, shall be amended to read as follows:
"SECTION 3. Territory to Which Fee Is Applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to the
Backup Plan, entitled "Developments Subject to Pumping
(Pumped Flows Basin), Telegraph Canyon Sewer Basin,
hnprovement and Financing Plan Amendment, Incorporating
Pumped Flows," shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory" or
alternatively "Pumped Flows Basin" and is generally described as
that area to the East of the Telegraph Canyon Sewer Basin, within
the Salt Creek and Poggi Canyon Basins. This same area is also
shown in the 2002, "Pumped Sewer Development Impact Fee
En ineerin Stud '."
SECTION 5: That the Purpose set forth in Section 4 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 4. Purpose.
By Ordinance No. 2533, the City Council approved a plan
("Gravity Basin Plan") for the financing and construction of the
sewer-related facilities necessary to serve only the sewage
transmission demands for the EDU's in the Gravity Basin. The
purpose of Ordinance No. 2582 and this ordinance is to provide the
necessary financing to oversize, stud,/ and monitor such sewer-
related facilities in the Telegraph Canyon Sewer Gravity Basin, as
defined in Ordinance No. 2533, Section 2, Territory ("Gravity
Basin"); and in the Poggi Canyon Sewer Basin, as defined in the
2002, "Pumped Sewer Development Impact Fee Engineering
Ordinance
Page 4
Study", to accommodate sewage flows pumped into the Telegraph
and Poggi Canyon Gravity Basin=s from the Pumped Flows Basin."
SECTION 6: That the Determination of Equivalent Dwelling Units set forth in Section 7
of Ordinance 2582, shalI be amended to read as follows:
"SECTION 7. Determination of Equivalent Development Units.
Each single-family detached dwelling or single-family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi- family dwelling shall be considered 0.75
EDU. Every other commercial, industrial, non-profit, public or
quasi-public, or other usage shall be charged at a rate calculated in
accordance with Table 1 of the 2002, "Pumped Sewer
Development Impact Fee Engineering Study" Figxre 5, Page 9 of
SECT1ON 7: That the Purpose and Use set forth in Section 9 of Ordinance 2582, shall
be amended to read as follows:
"SECTION 9. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning (including
preparation of the 1993, "Backup Plan" and the 2002, "Pumped
Sewer Development Impact Fee Engineer/ne: Study"), design,
study, construction, repair, maintenance, and/or financing
(including the cost of interest and other financing costs as
appropriate) of the Facilities, or reimbursement to the City or, at
the discretion of the City if approved in advance in writing, other
third parties for advancing costs actually incurred for planning, ,
designing, constructing, or financing the Facilities."
SECTION 8: That the Amount of Fee; Amendment of Master Fee Schedule set forth in
Section 10 of Ordinance 2582, shall be amended to read as follows:
"SECTION 10. Amount of Fee; Amendment of Master Fee
Schedule.
The Fee shall be calculated at the rate of $180 $569 per EDU.
Chapter XV of the Master Fee Schedule is hereby amended to add
Section B, which shall read as follows:
"B Pumped Sewer T,-~ ..... h t' ......Sewer r, .....
Development Impact Fee.
Ordinance
Page 5
This section is intended to memorialize the key provisions of
Ordinance No. 2547, but said Ordinance governs over the
provisions of the Master Fee Schedule. For example, in the event
of a conflict in interpretation between the Master Fee Schedule and
the Ordinance, or in the event those additional rules applicable to
the imposition of the Fee, the language of the Ordinance governs.
a. Territory to which Fee applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to the
1993, "Backup Plan'_', entitled "Developments Subject to Pumping
Pumped Flows Basin", Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating
Pumped Flows", shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory or alternatively
"Pumped Flows Basin" and is generally described as that area to
the East of the Telegraph Canyon Sewer Basin, within the Salt
Creek and Poggi Canyon Basins. This same area is also shown in
the 2002, "Pumped Sewer Development Impact Fee Engineering;
Stud,/".
b. Rate per EDU.
The Fee shall be calculated at the rate of $550 $180 per EDU,
which rate shall be adjusted from time to time by the City
Council.
c. EDU calculation
Each single-family detached dwelling or single-family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi-family dwelling shall be considered
0.75 EDU. Every other commercial, industrial, non-profit,
public or quasi-public, or other usage shall be charged at a rate
calculated in accordance with Table 1 of the 2002, "Pumped
Sewer Development Impact Fee Engineering Study". ~.~ ..... ~%
~ o ,,r,~,~ Backup m~.
d. When Payable.
The Fee shall be paid in cash not later than immediately prior
to the issuance of a building permit, except that a Letter of
Ordinance
Page 6
Credit Procedure is permitted for this Fee in the adopting
Ordinance, as same may, from time to time, be amended.
The City Council intends to review the amount of the Fee annually
or from time to time. The City Council may, at such reviews,
adjust the amount of this Fee as necessary to assure construction
and operation of the Facilities, the reasons for which adjustments
may include, but are limited to, the following: changes in the costs
of the Facilities as may be reflected by such index as the Council
deems appropriate, such as the Engineering-News Record
Construction Index; changes in the type, size, location or cost of
the Facilities to be financed by the Fee; changes in land use on
approved tentative maps or Specific Plan Amendments; other
sound engineering, financing and planning information.
Adjustments to the above Fee may be made by resolution
amending the Master Fee Schedule."
SECTION 9: That the Authority for Accounting and Expenditures set forth in Section
11 of Ordinance 2582, shall be amended to read as follows:
"SECTION 11. Authority for Accounting and Expenditures.
The Teleeraph Canyon Sewer Basin Pumped Flows Development
Impact Fee Fund (TCSBPF DIF) will be henceforth referred to as
Pumped Sewer Development Impact Fee (PS DIF). The proceeds
collected from the imposition of the Fee (PS DIF) shall be
deposited into a public facility financing fund ("Telegraph c~ ......
Sewer r~;,, Pumped r~ ..... r~,.,,,.~ ..... , T .... * ~""" "Pumped
Sewer Development Impact Fee Fund" or alternatively herein
"Fund" or "TCS~PF PS DIF Fund") which ;~ hereby created and
such proceeds shall be expended only for the purposes set forth in
this ordinance.
The Director of Finance is authorized to establish various accounts
within the Fund for the Facilities identified in this ordinance and to
periodically make expenditures from the Fund for the purposes set
forth herein in accordance with the facilities phasing plan or capital
improvement plan adopted by the City Council."
SECTION 10: That the Findings set forth in Section 13 of Ordinance 2582, shall be
amended to read as follows:
"SECTION 13. Findings.
-'72-
Ordinance
Page 7
The City Council finds that collection of the Fees established by
this ordinance at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities
concurrent with the need for these facilities and to ensure certainty
in the capital facilities budgeting for growth impacted public
facilities.
The City Council finds that developers of land within the City
should be required to mitigate the burden created by development
through the construction or improvement of sewer facilities within
the boundaries of the development and either the construction or
improvement of sewer facilities outside the boundaries of the
development which are needed to provide service to the
development in accordance with City standards or the payment of a
fee to finance a development's appropriate portion of the total cost
of the sewer facilities; and,
The City Council finds that the legislative findings and
determinations set forth in Ordinance 2582 continue to be true and
correct; and,
The City Council finds, after consideration of the evidence
presented to it, including the 2002, Pumped Sewer Development
Impact Fee Engineering; Study, prepared by PBS&J, that the
inclusion of the Pogo~i Canyon Basin Sewer Interceptor as one of
the facilities to be financed by the development impact fee and the
change of the Telegraph Canyon Sewer Pumped Flows
Development Impact Fee to Pumped Sewer Development Impact
Fee are necessary in order to assure adequate sewer service to the
Pumped Flow Basin; and,
The City Council finds, based on the evidence presented at the
meeting and the various reports and information received by the
City Council in the ordinary course of its business, that the
imposition of the Pumped Sewer Development Impact Fee on all
development in the Pumped Flow Basin for which building permits
have not been issued is necessary in order to protect the public
health, safety and welfare; and,
The City Council finds that the amount of the amended fees levied
by this Ordinance does not exceed the estimated cost of providing
the sewer service to the developments within the Pumped Flow
Basin; and,
Ordinance
Page 8
The City Council finds that it is appropriate to re-evaluate the
development impact fee to reflect the findine:s of the 2002,
Pumped Sewer Development Impact Fee Engineering Study and
the inclusion of the Poggi Canyon Basin Sewer Interceptor as
another alternative to diversion of the pumped flows from the
Pumped Flow Basin[ and,
The City Council finds it is necessar~ to ensure the option to
pumped flows to the Poegi Canyon Basin Sewer Interceptor before
the threshold capacity limits are exceeded in the Telegraph Canyon
Trunk Sewer and to ensure the timely payment to adequately fund
ongoin~ and future sewer improvements, flow monitoring and
studies required in the Telegraph Canyon Trunk Sewer and Poggi
Canyon Basin Sewer Interceptor triggered by the pumped sewer
SECTION 11: That the Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer set forth in Section 15 of Ordinance 2582, shall be amended to
read as follows:
"SECTION 15. Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development proj-ect in the Territory of
the Pumped Flows Basin is required as a condition of approval of
an entitlement (e.g., General Plan Amendment, Pre-zoning,
General Development Plan, SPA Plan, etc.) to cause a portion of
the sewer system which is the subject matter of a Facilities
enhancement planned for improvement under the Gravity Basin
Plan to be oversized under the Backup Plan 2002 "Pumped Sewer
Development Impact Fee Engineering Study", the City may
require the developer to install the Facilities according to design
specifications approved by the City, that being with the
supplemental size or capacity in order to accommodate estimated
ultimate flow as indicated in the Basin Plan and subsequent
amendments. If such a requirement is imposed, the City shall first
grant credits against the developer's obligation to pay the Fee, and,
as to any excess, offer to reimburse the developer from the Fund
either in cash or over time as Fees are collected, at the option of
the City, for costs incurred by the developer for the design and
construction of the Facility not to exceed the estimated cost of that
particular Facility as included in the calculation and updating of
the Fee, and in an amount agreed to in advance of their expenditure
in writing by the City. The City may update the Fee calculation, as
City deems appropriate prior to making such offer. This duty to
Ordinance
Page 9
extend credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee."
SECTION 12: That the Assessment District set forth in Section 20 of Ordinance 2582,
shall be amended to read as follows:
"SECTION 20. Assessment District.
If any assessment or special taxing district is established to design,
construct and pay for any or all of the Facilities ("Work
Alternatively Financed"), the owner or developer of a project may
apply to the City Council for reimbursement from the Fund in an
amount equal to that portion of the cost included in the calculation
of the Fee attributable to the Work Alternatively Financed. In this
regard, tbe amount of the reimbursement shall be based on the
costs included in the Backup Plan 2002, "Pumped Sewer
Development Impact Fee Engineerin~ Study", as amended from
time to time, and therefore, will not include any portion of the
financing costs associated with the formation of the assessment or
other special taxing distr'ct. '
SECTION 13: That the Time Limit for Judicial Action set forth in Section 22 of
Ordinance 2582, shall be amended to read as follows:
"SECTION 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void
or annul this ordinance shall be brought within the time period as
established by Ge:'emment Cede Seetien 54995 la~ww after the
effective date of this ordinance. In accordance with Government
Code Section 66020 (d) (1), the ninety-day approval period to
which parties may protest be~ains upon the effective date of this
Ordinance."
SECTION 14: That the CEQA Findings for Statutory Exemption set forth in Section 23
of Ordinance 2582, shall be amended to read as follows:
SECTION _.~. CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Fee herein imposed is
for the purpose of obtaining funds for capital projects necessary to
maintain service within existing service areas. The Council finds
that the proposed Facilities are in existing rights-of-way parallel to
or replacing existing sewer lines. Therefore, the City finds that the
adoption of this Ordinance is statutorily exempt under the
Ordinance
Page 10
provisions of
CEQA Guidelines Section 15273 15282 (1).'
SECTION 15: Expiration of this Ordinance.
This Ordinance shall be o£no fimher force and effect thirty (30) days after its adoption.
SECTION I fi: Time Limit for Protest and Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void or annul this
Ordinance shall be brought with the time period as established by law.
In accordance with Government Code Section 66020(d)(1), the ninety-day approval
period in which parties may protest begins upon the effective date of this Ordinance.
SECTION 17: Effective Date.
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by: Approved as to Form by:
John P. Lippitt J~ l~'h~ny
Director of Public Works City Attorney
J:\Engineer~AGENDA\pumped flow urgency ordinance.sh.doc
Last printed 10/16/2002 1: 55 PM -
CITY COUNCIL AGENDA STATEMENT
- Item:
Meeting Date: 10/22/02
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving
Conditional Use Permit, PCC-02-84, for Martin Altbaum (Chula Vista
Cable) allowing four 1 O-foot diameter satellite dish antennas and a 40-foot
antenna tower, erected without the proper permits, to the existing Chula Vista
Cable facility adjacent to the south end of an apartment building located at
706 'F' Street.
SUBMITTED BY: Director of Planning and Building I~
REVIEWED BY: City Manager ~ u ~ ~x/ (4/5tbs Vote: Yes__No X~)
The Conditional Use Permit will bring the antennas described above into conformance with the
Chula Vista Municipal Code (CVMC). The site currently contains six permitted satellite dish
antennas, a small equipment storage building, four satellite dish antennas and a 40-foot antenna
tower erected without permits.
The Environmental Review Coordinator has concluded that this project is a Class 5 categorical
exemption from environmental review per the California Environmental Quality Act (CEQA)
Section 15305; Minor Alterations in Land Use Limitations.
BOARDS/COMMISSIONS RECOMMENDATION: On October 9, 2002, this project was heard
before the Planning Commission (Attachment 7), who voted 4-0 to adopt Resolution PCC-02-84,
and recommended that the City Council approve the Conditional Use Permit for PCC-02-84 with
the added conditions listed below:
The Applicant shall relocate the satellite dish located in the most southeast comer of the
property to an area of sufficient distance away from the adjoining residential properties
as determined by the Director of Planning and Building Department.
Prior to the issuance of the required building permits, the Applicant shall submit a
landscape plan for the perimeter of the area occupied by the cable facility to the Planning
and Building Department for review and approval.
· The area occupied by the cable facility shall be maintained in weed-free and healthy
manner.
· The Applicant shall ensure that the cable facility continually meet all Federal
Conm~unication Commission requirements throughout the operation of the facility.
Page 2, Item:
Meeting Date: 10/22/02
These conditions are numbered: 4; 5; 8 and 9 in attached the City Council Resolution.
RECOMMENDATION: That the City Council adopt a resolution approving the Conditional Use
Permit (PCC-02-84) based on the findings and conditions contained therein for four 10-foot
diameter satellite dish antennas and a 40-foot antenna tower.
DISCUSSION:
1. Planning Commission
On the day of the hearing, staff received a petition with 58 signatures of the residents from both
mobile home parks adjacent to the Chula Vista Cable facility. The 58 signers of the petition were
represented by Mr. Steve Molski, President of the Mobile Home Park (Attachment 1).
The Coinmissioners heard testimony from the only representative of the adjacent mobile home
park, Mr. Molski, whose major concern was the proximity of a satellite dish antenna to his mobile
home.
The Planning Commissioners acknowledged the concerns raised by Mr. Molski and the petition,
and responded by including additional project conditions, which have been incorporated into the
Resolution of Approval (see BOARDS/COMMISSIONS RECOMMENDATION above). The
applicant has indicated that he is willing to comply with all conditions of approval.
Staff has spoke subsequently with Mr. Molski who accepts the Planning Commission's decision as
long as the dish antenna closest to him is relocated further away. Staff and the Planning
Commission believe that the issues raised have been adequately resolved.
2. Site Characteristics
The property fronts on 'F' Street and is approximately 3 acres in size. The topography is
essentially flat and contains an existing apartment complex. At the rear of the complex is a 7,200
square foot area of the property that contains the Chula Vista Cable facility, which includes ten
satellite dish antennas, a 40-foot antenna tower and a 210 square foot equipment storage building.
A 6-foot high solid masonry wall on the east property line, a 5 1/2-foot high wooden fence on the
south property line and a 5 1/2-foot chain link fence on the west property line enclose the subject
area. The satellite dish antennas and 40-foot antenna tower can be seen by the neighbors closet to
the facility, but cannot be seen from public roads.
The uses adjacent to the subject portion of the property include mobile home parks to the south
and east, industrial to the west and the apartment complex immediately north.
Page 3, Item:~
Meeting Date: 10/22/02
3. General Plan, Zoning and Land Use
General Plan Zoning Current Land Use
Site: Medium High R-3 Apartments
North: Medium High R-3-D Apartments
South: Medium High MHP Mobile homes
East: Medium High MHP Mobile homes
West: Professional Administrative IL Industrial
4. Proposal
The proposal includes four, 10-foot diameter satellite dish antennas and a 40-foot antenna tower.
These additional structures have been added to the existing Chula Vista Cable facility after 1988 to
increase and expand cable reception to satisfy increasing customer demand. The property is
currently in violation because the aforementioned structures were erected without permits.
Standards
Standards Required Proposed
Front Yard Setback 15 feet N/A
Ext. Side Yard Setback 10 feet N/A
1 Int. Side Yard Setback 5 feet N/A
Both Side Yard Setbacks 10 feet N/A
Rear Yard Setback: 15 feet N/A
Lot Coverage: 50 percent 20 percent*
Height: 28 feet 43 feet (tower)**
Parking: N/A N/A
*Based on 7,200 square foot rear portion of the entire parcel where the cable facility
exists, which includes the ten satellite dishes and the equipment storage building.
**Section I9.16.040 allows towers to exceed the height limit in this zone
ANALYSIS:
The violation case was opened because a neighbor, adjacent to the site, complained about the
overgrowth and neglect of periodic trimming of the hedges along the eastern property line, and the
belief that additional antennas were added without permits.
Staff has reviewed information on the property and found no evidence of additional complaints
from neighbors or the apartment residents relative to the added antennas and operation and the
cable facility. However, the applicant is required to correct the additional antenna violation by
obtaining a conditional use permit and the appropriate building permits.
Page 4, Item:
Meeting Date: 10/22/02
Chula Vista Cable has a franchise agreement with the City of Chula Vista to operate its television
cable facility to provide an alternative choice of cable television for customers in the western
Chula Vista area. The facility has been operating at 706 'F' Street for approximately 15 years.
5. Background
The property is zoned Apartment Residential (R-3) and currently contains an apartment complex
and the Chula Vista Cable facility. The following is a development history of the cable facility:
· Chula Vista Cable applied for a variance to allow two satellite dishes (for commercial
purposes) to provide cable for the apartment complex residents on the same site. The R-3
zone that the antennas and existing apartment complex are sited only allows one satellite
dish per lot for private use. On January 30, 1987, the Zoning Administrator granted a
Variance (ZAV-87-17) for two ground-mounted satellite dish antennas for the site
(Attachment 2).
· In the same year, Chula Vista Cable applied for a use permit to add four more satellite
dishes to expand cable services to the increasing number of customers beyond the
apartment complex. On December 2, 1987, the Zoning Administrator approved a
Conditional Use Permit (PCC-88-18) for four satellite dish antennas and a 210 square foot
equipment storage building for the site (Attachment 3).
· After 1988, four additional satellite dish antennas and the 40-foot antenna tower were
erected without permits.
Staff has determined that the Chula Vista Cable facility can be categorized as an Unclassified use
under Section 19.54.020.M (Public and Quasi Public Uses) of the CVMC, which requires a
conditional use permit. Unclassified uses in the R-3 zone require conditional use permit
applications to be considered by the City Council following a recommendation from the Planning
Commission.
6. Conclusion
Staff recommends that the City Council approve the proposed Conditional Use Permit in
accordance with the attached City Council Resolution and Section 19.54.020 of the CVMC, to
legalize the four satellite dishes and the antenna tower for the Chula Vista Cable facility located at
706 'F' Street, subject to the findings and conditions of approval in the attached City Council
Resolution.
Page 5, Item:
Meeting Date: 10/22/02
FISCAL IMPACT: There is no fiscal impact to the General Fund.
Attachments
1. Petition
2. January 30, 1987 Approval Letter
3. December 2, 1987 Approval Letter
4. Administrative Citation
5. Locator Map
6. Planning Commission Resolution
7. October 9, 2002 Planning Commission Minutes
.. ~or~c~ OF ~U~:~C ~0 Attachment 1
NO~CE IS H~BY G~ ~T A P~C ~G ~LL.BE HE~ BY ~E C~ P~G
CO--SION of ~ C~ ~ ~la %~ CA, ~ Ci~ C~:H ~bcrs ~ed m
C~h v~ C~ C~.
H~NG DAT~ and Yl~ O~ober 9, 2002; 6:00 p.m.
A~LI~NT: Ma~n ~um
S~EADDR~S: 706 'F' St~t ~PN 567~9~5~0)
PROI~ D~I~iON: Allow four l~foot diameter s~tdiite dish
~VIRONMENTAL ~ATUS: Cla~ 5 exemption ~m en~ro~mental r~ew: M/nor~te~flon~
Umitations. ·
' ' · ~ ,r ~zaz Va~ for ~c~c ~o~2fib= ~t ['619) 69]-5IOI.
OCT -
TO THE CITY OF CHULA VISTA: ,Oct. 2002
There seems to be a huge void in how our laws are interpreted and applied.
An example: Ifa growth of marijuana field is discovered, the appropriate local and foderal
agencies swoop in and pull up all the plants, W1TH NO WAITIi'4G OR LEGAL PROCEDURES!
However, when Chula Vista Cable company deliberately, illegally evades getting the
necessary PERMITS and installs several huge satellite dishes and a 40 plus foot, tower
with 12 antennas of varions types. Nobody, incluthng the code erfforcement department does
anything about it! A complaint was filed with the city. in October 2001, 1 year ago.
The city has allowed Chula Vim Cable to apply for additional permits to "sanction"
this activity instead of insisting upon an immediate removal!
The illegal installations should have been rippod up years ago! They were ins.tailed in 1987.
It is quite apparent that code e]fforcement has failed miserably for 15 tears!
The question therefore, must be asked is there some other reason for this kind of laxity or has
some influence or pressure been applied, then and nowt
tn any event there should be a heavy penalty exacted from C.V. Cable.
There is a plamang Commission hearing October 9. 2002 at 6pm in the Council Chambers.
WE, THE UNDERSIGNED, THEREFORE OPPOSE ANY AND ALL EXPANSIONS
BY CHULA VISTA CABLE COMPANY.
TOTHE CITY OF CHULA VISTA: Oct. 2002
There seems to be a huge void in how our laws are interpreted and applied.
An example: ff a growth of marijuana field is discovered, the appropriate local and federal
agencies swoop in and pull up all the plants, WITH NO WAITING OR LEGAL PROCEDURES!
However, when Chula Vista Cable company deliberately, illegally evades getting the
necessary PERMITS and installs several huge satellite dishes anda 40 plus foot, tower
with 12 antennas of various types. Nobody, including the code enforcement department does
an~hing about it! A complaint was riled with the city in October 2001.1 year ago.
The city has allowed Chula Vista Cable to apply for additional penmts to "sanction"
this activity instead of insisting upon an immediate removal!
The illegal installations should have been ripped up years ago! They were installed in 1987.
it is quite apparent that code enforcement has failed miserably for t5 years!
The question therefore, must be asked is there some other reason for lids kind of laxity or has
some influence or pressure been applied, then and now!
In any event there should be a heavy penal~ exacted from C.V. Cable.
There is a planmng CornnUssion hearing October 9, 2002 at 6pm in the Council Chambers.
WE, THE 15NDERSIGNED, THEREFORE OPPOSE ANY AND ALL EXPANSIONS
IB~Y C, HULA VISTA CABLE COMPANY.
4."x - '
,,I ,-", , tI .~, ,.
TO THE CITY OF CHULA VISTA: Oct. 2002
There seems to be a huge void in how our laws are interpreted and applied_
An example: If a growth of marijuana field is discovered, the appropriate local and federal
agencies swoop in and pull up all the plants, WITH NO WAI'I lNG OR LEGAL PROCEDURES!
However. when Chula Vista Cable company deliberately, illegally evades getting the
necessary PERMITS and installs several huge satellite dishes and a 40 plus foot, tower
with 12 antennas of various types. Nobody, including the code enforcement department does
mD~ng about it! A complaint was filed with the city in October 2001. I yem' ago.
The city has allowed Chula Vista Cable to apply for addifiomfl permits to "sanction"
this activity instead of insisting upon an immediate removal!
The illegal installations should have been ripped up years ago! They were installed in 1987.
It is quite al~arent that code enforcement has failed nfisembly for 15 years!
The question therefore, must be asked is there some other reason for this kind of laxity or has
some influence or pressure been apphed, then and now!
In any event there should be a heavy penalty exacted from C.V. Cable.
There is a planning Cormmssion heating October 9, 2002 at 6pm in the Council Chambers.
YVE. THE UNDERSIGNED, THEREFORE OPPOSE ANY AND ALL EXPANSIONS
BY CHULA VISTA CABLE COMPANY.
TO THE CITY OF CHULA VISTA: Oct. 2002
There seems to be a huge void in how our laws are interpreted and applied_
An example: Ifa growth of marijuana field is discovered, the approPriate local and federal
agencies swoop m and pull up all the plants, WITH NO WAITING OR LEGAL PROCEDURES!
However, when Chula Visla Cable company deliberately, illegally evades getting the
necessary PERMITS and installs several huge satellite dishes and a 40 plus foot, tower
v4th 12 antennas of various types. Nobody, including the code enforcement department does
an~hing about it! A complaint was filed aith the city in October 2001, 1 year ago.
The city Ires allowed Chula Vista Cable to apply for additional permits to "sanction"
this activity instead of insisting upon an immediate removal!
The illegal installations should have been ripped up years ago! They were installed in 1987.
It is qmte apl~rent that code enforcement has fa/led miserably for 15 years!
The question therefore, must be asked is there some other mason for this kind of la.,dty or has
some influence or pressure been applied, then and now!
in any event there should be a heavy penalty exacted from C.V. Cable.
There is a planning Commission hearing october 9. 2002 at 6pm in the Council Chambers.
WE. THE UNDERSIGNED, THEREFORE OPI~)SE ANY AND ALL EXPANSIONS
BY CHULA VISTA CABLE COMPANY.
TO THE CITY OF CHULA VISTA: Oct. 2002
There seems to be a huge void m how our laws are interpreted and applied-
An example: If a growth of marijuana field is discovered, the appropriate local and federal
agencies swoop in and pull up all the plants, WITH NO WAITING OR LEGAL PROCEDURES!
However, when Chula Vista Cable company deliberately, illegally evades getting the
necessary PERMITS and installs several huge satellite dishes and a 40 plus foot, tower
with 12 ~ntermas of various Lypes. Nobody, including the code enforcemem department does
anything about it! A complaint was filed with the ci~ in October 2001, 1 year ago.
The city has allowed Chula Vista Cable to apply for additional permits to "sanction"
this activity instead of insisting upon an immediate removal!
The illegafinstallafious should have been tipped up years ago! They were installed in 1987.
It is quite apparent that code enforcement has failed miserably for 15 years!
The question therefore, must be asked is there some other reason for this k/nd of laxity, or has
some influence or pressure been applied, then and now!
In any event there should be a heavy penalty exacted from C.V. Cable.
There is a planning Commission hearing October 9, 2002 at 6pm in the Council Chambers.
WE, THE UNDERSIGNED, THEREFORE OPPOSE ANY AND ALL EXPANSIONS
BY CHULA VISTA CABLE COMPANY.
. crrv Attachment 2
CHULA VI I'A
PLANNING DEPARTMENT
January 30, 1987
Ultronics, Inc.
7777 Alvarado Rd., Suite 700
La Mesa, CA 92041
Attn: Martin Altbaum
Subject: Variance, ZAV-87-17 - Two Satellite Dish Antennae at 706 "F" Street
The Zoning Administrator has considered your request to erect two
ground-mounted satellite dish antennae, each 10 ft. high, on the rear of the
property at 706 "F" Street in the R-3 zone.
After reviewing your proposed project,
s~ plan and the existing conditions
in the immediate vicinity of tile subject property, the Zoning Administrator
'has been able to make the required findings to grant your request which is
hereby approved subject to the following conditions.
1. A building permit shall be obtained prior to the erection of the antennae.
2. The antennae shall not exceed 10 ft. in height as measured from existing
grade to the highest point of the dish.
3. The antennae shall be located as shown on the site plan submitted with the
application.
Findings of fact are as follows:
1. The prope~y contains 125 apartment units. In order to provide this
number of units with appropriate reception requires the use of a single 15
ft. dish antenna or two 10 ft. dish antenna.
2. Other properties in the same zone and vicinity with like circumstances
would face the same alternatives and thus no special privileee is
conferred by this variance. -
3. A 15 ft. dish established at a height of 12 feet would be more visually
obtrusive than two 10 ft. dish antennae established at a height of 10 ft.
and set back a minimum of 40 ft. from adjoining properties. The proposal
meets all of the other conditions specified in the Code for the use.
4. The granting of this variance is consistent with the aesthetic values
embodied in the General Plan.
275 FOURTH AVENUE. CHULA VISTA~ CALIFORN A 920]0/(6~9) 691-5101
Ultronics, Inc. -2- January 30, 1987
You have the right to appeal this decision to the Planning Commission. Such
appeal must be received by this office within ten days of the date of this
letter. In the absence of said appeal the decision of the Zoning
Administrator is final.
Failure to use this variance within one year from the date of this letter
shall cause the variance to become null and void unless a written request for
an extension is received and granted prior to the expiration date.
Principal Planner
cc: City Clerk
WPC 3569P/1642P
CITY OF CHULA VISTA
cra, Attachment 3
VI A
?LANNING DE?ARTMENT
December 2, 1987
ul ~iunlcs, inc.
7777 Al varado Road
La Mesa, CA 920¢1
~-~' Martin 1 Altbaum
Subject: Conditional Use Per. it, PCC-SS-18, Cable television receiving station
The Zoning Administrator has considered your request to erect four
~,o~n~-moun~:~ satellite dish antennae, each ll Z=. ino~:m~:,"-=~ and standine..
%i, ft. high._ . and a 144 s~. ft. equipment storage building on the rear of ~'=~n_
.... =~ ' 796 "F" _
~, .....~y a~ - Street in the R-3 ~on~ to acz as a receiving station f~r
no significant environmental imDaczs ~nd ado~zed Zhe Nesacive Declarazion
After reviewing your proposed project, site plan and the existing conditions
~n the immediaze v~c~n~zy o, the ~ub3e~ property, the Zonina Administrator
has been able ;o make +'~ ,_ou__c
~n_ reau~red fffnd~nas to ~r~nt vo,,r ~ ~q~ .1~ .
n_.':-:~_zy .p.~ ~-n~_~:4 sub~ec~ ~o ~he fo]~o~dn~ ~nd~;~ .,on~
~ A drainage study shal~ be re~u~red ~n ~'~- to ' ' '
.. o, a:, ae~e~:ne any necessary
· it~gat~on ~e~sures to preven~ flood~na ~r~ar to the ~ssuance of any
building or development permits or a~rovals.
L T~e s~e shall be paved. Vehicular c~rcuiat~on areas sba11 be p~ved
~cordance w~th C~ty s~anaaras rot pe~nent use (S:~;~n 7 Standard
Specifications).
3. A screen plant~ng and ~rr~gation plan shali be submitted for review and
approval by the C~ty Landscape A~ch~t~ct prior to the ~ssuance
burial, ne ~em~t for ~'~ .
~ The proposed structure ~s subject te s~te pisn and archfftectural rev~e~ by
the Zoning
The ¢ouncat~ons for the d~shes mus~ be engineered and ;he build,no mus;
co~ply wffth the 1E85 UBC.
Ultronics, Inc. -2- December 2, ~987
6. Tile permit shall be reviewed in one-year (December 2, 1988). Should any
complaints be received or problems develop, the permit may be subject to
additional conditions or review and possible revocation by the Planning
Commission.
7. The approval of this permit shall in no way restrict the location or
height of development on this or adjacent parcels. The City accepts no
responsibility for obstructions which may occur in the reception corridors
of the antennae.
Failure to comply with any condition of approval shall cause this permit to be
reviewed by the City for additional conditions or revocation.
Findings of fact are as follows:
1. The proposal will provide a cable television alternative to Chula Vista
residents per a franchise granted by the City to the applicant.
2. The site is not visible from a public right-of-way and the proposal as
conditioned will be visually buffered from surrounding residents. A
provision has been included for review of the permit in one years time.
3. Compliance with all applicable codes and conditions will be required prior
to the issuance of building or development permits.
4. Quasi-public uses are eligible for location in any zone subject to the
approval of a conditional use permit. The proposal as conditioned is
consistent with the aesthetic values embodied in the General Plan,
You have the right to appeal this decision to the Planning Commission, Such
appeal must be received by this office within ten days of the date of this
l~er. In the absence of said appeal the decision of the Zonin~
Administrator is final.
Failure to use this permit within one year from the date of this letter shall
cause the permit to become null and void unless a written request for an
extension is received an~granted prior to the expiration date.
Principal Planner
cc: City Clerk
WPC 4580P/2655P
CITY OF CHULA VISTA
No- 673
CF~O~
CHU V]Sr^ Attachment 4
.... ' ...... r., :~;-ADM]~ISTRA TI'VE. CiTATiON~-,:-::.;:i~ ~ .._.-. , -, ~_ .: .., . .
~W~G: .... ~ ~l-.~C~tafion' ' U2"" Cz~0,g~4,_~' ' ~-_~ ra · ·
. ,._ ..... ~ 3-, Cztafion~::..
Payment of S ~:&-h dueno later than '~ f · '-~ (See reve'~ ~i~e
- ~. ...... ' . ~ --'-_ _ ~ , ~u~.paymen[)~:
does not excuse ~0~ecfion ofthe'~0l~0~.:'f: - - ?' ' '--':"': :- :: :~:-~' 't :~,-?;/-: -:: ~' ' -: .....
Correction of ~be ~ola~0~di~t~d bdow ~"st b6'~0m~l~ted by: - ~:'/~ ~/~- .' ".'
(date) -, .
If you fa~ to correct the violations byth~ date, the next level citation may be
Person Cited: L~t F~st ~d~e ~Propc~ O~er QTen~t
M~I~ Ad&ess: Ciw/Smte Zip Code ~Bus~ess O~er ~O~er
Violation Ad.ess: . . . , · ~ B~ess N[~e:C }2~ ~
~ ~ ~sessor s P~cet N~ber'~_~
Code Section Violation: I Description of Violation:
Corrections Required: c~ ·
,
~SS~G O~C~:~ PCt~'~ ~z
SIGNA~ OF PERSON CITED:
Citation Served: [] In Person (To: ) [] Posted on Property.'
By Ma/l: Lz;',- k:t ~ ~'c\ ~. ~4 c:~ ~'. ,.c~. _' -~'-, [] Other:
Read R~'vcrse Side For.&po-al,~ ..~o_hts_ and Other Important Information - This information is available '~n mtcmatw¢' ' formats- ur>on m:lucst_
V, ffIITE: FILE C.KNARY: FIN.&NCE PINK: VIOLATOR '
MAtNTENAN:E ~
HOME
,,uJLu~
LOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~.O~EDT PROJECT DESCRIPTION:
APPLICANT: CHULA V STA CABLE LTD.
PRoJE:T CONDITIONAL USE PERMIT
ADDRESS: 70~ "F" STREET Request: Proposal for the installation and operation
SCAL=~ F1LE NUMBER: of a nine satellite dishes at Park Regency A~partment .._
NORTH No Scale PCC-02-84 complex located at 706 "F" Street.
Attachment 6
RESOLUTION NO. PCC 02-84
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CFIULA VISTA RE£OMMEDING THAT THE CITY
COUNCIL APPROVE CONDITIONAL USE PERMIT PCC-02-
84 ALLOWING FOUR ADDITIONAL 10-FOOT DIAMETER
SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO
THE EXISTING CHULA VISTA CABLE FACILITY LOCATED
AT 706 'F' STREET.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Plmming Departanent on May 14, 2002, by Martin Altbaum ("Applicant");
and
WHEREAS, said applicant requests permission to bring into conformance four additional
10-foot diameter satellite dishes and a 40-foot antenna tower, that were erected with permits,
which currently exist at the Chula Vista Cable facility located at the south end of an existing
apartment complex at 706 'F' street; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical
exemption fi-om environmental review (CEQA Section 15305, Minor Alterations in Land Use
Limitations); and
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional Use Permit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the heanng was held at the time and place as advertised, namely October 9,
2002, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted 4-0 to recommend approval of the conditional use permit; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached City Council Resolution
approving Conditional Use Permit (PCC-02-84) in accordance with the findings and subject to
the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th day of October 2002, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
Russell Hall, Chair
ATTEST:
Diana Vargas, Secretary
l\l'lannin g~lvlichael~PCC Reports~PCC-02-84
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
CONDITIONAL USE PERMIT, PCC-02-84, TO
ALLOW FOUR ADDITIONAL 10-FOOT DIAMETER
SATELLITE DISHES AND A 40-FOOT ANTENNA
TOWER TO THE EXISTING CHULA VISTA CABLE
FACILITY LOCATED AT 706 'F' STREET.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is
represented in Exhibit A attached hereto and incorporated herein by this
reference, and for the purpose of general description is located at 706 'F'
Street ("Project Site"); and
2. Project Applicant
WHEREAS, on May 14, 2002, a duly verified application for a
Conditional Use Permit (PCC-02-84) was filed with the City of Chula
Vista Planning Division by Martin Altbaum (Applicant); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, four additional 10-foot diameter satellite dishes and a 40-
foot antenna tower to the existing Chula Vista Cable facility located at the
south end of an existing apartment complex at 706 'F' street; and
4. Environmental Determination
W]tEREAS, the Environmental Review Coordinator, in compliance with
the California Environmental Quality Act (CEQA) has concluded that this
project is a Class 5 categorical exemption from environmental review
(CEQA Section 15305, Minor Alterations in Land Use Limitations); and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and
advertised for October 9, 2002, at 6:00 p.m. in the Council Chambers, 276
Fourth Avenue, at which time the Planning Commission voted 4-0 to
recommend that the City Council approve the Project based on the
findings and subject to the conditions listed below, in accordance with
Planning Conunission Resolution PCC-02-84; and
1
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was
held before the City Council of the City of Chula Vista on October 22,
2002, to receive the recommendation of the Planning Commission, and to
hear public testimony with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this Project held on October 9, 2002, and
the minutes and resolution resulting therefrom, are hereby incorporated into the
record of this proceeding.
C. CONDITIONAL USE PERMIT FINDINGS
1. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The use consists of ten satellite dish antennas (nine, 10-foot diameter and one 3-
foot diameter), a 40-foot antenna tower with various antennas and a 210 square
foot equipment storage. Chula Vista Cable has a franchise agreement with the
City of Chula Vista to operate its television cable facility. The facility currently
receives signals for cable television for customers in the western Chnla Vista
area. The facility has been operating at 706 'F' Street for approximately 15
years without any significant number of complaints from the surrounding
neighbors. Chula Vista Cable provides an alternative cable service, thereby
increasing options and competition for more and better service to residents.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The Chula Vista Cable facility has been operating at 706 "F" Street for
approximately 15 years. There is no historical data that indicates that the
operation of the satellites dishes and antenna tower has created or caused any
negative effects on the residents of the adjacent apartment complex or the
surrounding area. The legalization of the additional satellite dishes and antenna
tower will not create or cause new negative effects.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed use is an unclassified use. Conditional approval of PCC-02-84
requires compliance with all conditions, codes and regulations for Unclassified
2
Uses in the Apartment Residential (R-3) zoning district, as applicable, prior to the
final issuance of any permit or for the use as described.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The project is an unclassified use and is consistent with the General Plan and
Zoning Ordinance land use designations. The property is zoned R-3, which
allows unclassified uses with a Conditional Use Permit. The project as
conditioned, is in compliance with the applicable codes and regulations. All
conditions must be satisfied prior to final building inspection.
D. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-02-84 subject to the
following conditions:
PLANNING & BUILDING CONDITIONS
1. The project shall comply with all conditions of approval for PCC-02-84.
2. The Applicant shall obtain the appropriate building permits for the four
additional satellite dishes and the 40~foot antenna tower.
3. The Applicant shall maintain the hedges along the eastern property
boundary in accordance with Section 19.58.150 of the CVMC.
4. The Applicant shall relocate the satellite dish located in the most southeast
corner of the property to an area of sufficient distance away from the
adjoining residential properties as determined by the Director of Planning
and Building Department within 45 days from the date of approval of this
resolution.
5. Prior to the issuance of the required building permits, the Applicant shall
submita landscape plan for the perimeter of the area occupied by the cable
facility to the Planning and Building Department for review and approval.
STANDARD CONDITIONS
1. A copy of this resolution shall be recorded against the property.
2. Any violations of the terms and conditions of this permit shall be ground
for revocation or modification of permit.
3. The conditions of approval for this permit shall be applied to the subject
property tmtil such time that the conditional use permit is modified or
revoked, and the existence of this use permit with approved conditions
shall be recorded with the title of the property. Prior to the issuance of the
3
24,
building permits for the proposed trait, the Applicant shall provide the
Planning Division with a recorded copy of said document.
4. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City
shall impose after advance written notice to the Permittee and atter the
City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive Permittee of a substantial revenue
soume which the Permittee cannot, in the normal operation of the use
permitted, be expected to economically recover.
5. This permit shall become void and ineffective if not utilized within one
year from the effective date thereof, in accordance with Section 19.14.260
of the Municipal Code. Failure to comply with any conditions of approval
shall cause this permit to be reviewed by the City for additional conditions
or revocation.
6. Any deviation from the above noted conditions of approval shall require
the approval of a modified conditional use permit.
7. The Applicant shall and does hereby agree to indemnify, protect, defend
and hold harmless City, its City Council members, officers, employees
and representatives, from and against any and all liabilities, losses,
damages, demands, claims and costs, including court costs and attorney's
fess (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Conditional Use
Permit, (b) City's approval or issuance of any other permit or action,
whether discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of the
facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this
Conditional Use Permit where indicated below. Applicant's/operator's
compliance with this provision is an express condition of this Conditional
Use Permit and this provision shall be binding on any and all of
applicant's/operator's successors and assigns.
8. The area occupied by the cable facility shall be maintained in weed-free
and healthy manner to the satisfaction of the Planning and Building
Department.
9. The Applicant shall ensure that the cable facility continually meet all
Federal Communication Commission requirements throughout the
operation of the facility.
E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
Thc property owner and thc applicant shall execute this document by signing thc
lines provided below, said execution indicating that thc property owner and
applicant have each read, understood and agreed to thc conditions contained
herein. Upon execution, this document shall bc recorded with the County Clerk
of thc County of San Diego, at thc sole expense of thc property owner and/or
applicant, and a signed, stamped copy returned to thc City Clerk and Planning
Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the
property owner/applicant's desire that thc project, and the corresponding
application for building permits and/or a business license, bc held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and
known as Document No.
Signature of Owner Date
Signature of Representative for Date
Chula Vista Cable
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and
condition herein stated; and that in the event that any one or more terms,
provisions or conditions arc determined by a Court of competent jurisdiction to be
invalid, illegal or unenforceable, this resolution and the permit shall be deemed to
be automatically revoked and of no fu~her force and effect ab initio.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED
BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
THIS 22nd DAY OF OCTOBER 2002.
Presented by Approved as to form by
Robert A. Leiter John M. Kaheny, Director
J:\Planning~Michael\City Council\PCC-02-84 Reso.doc
5
Attachment 7
Planning Commission Minutes - 2 - October 9, 2002
2. PUBLIC HEARING: PCC 02-84; Conditional Use Permit requesting four 10-
foot diameter satellite dish antennas and a 40-foot antenna
tower to the existing Chula Vista Cable facility.
Background: Michael Walker, Associate Planner reported that the property is zoned
R-3 and currently contains an apartment complex and the Chula Vista Cable facility,
which consists of 10 satellite dishes, a 40 foot antenna tower and a 210 sf equipment
storage building. In 1987, the applicant applied on two different occasions for a use
permit to add 2 and 4 satellite dishes respectively. Between 1988 and 1991 the four
satellite dishes and 40 foot antenna tower were erected without permits, therefore, a
violation case was opened on May 2002, which requires the operator and property
owner to obtain appropriate permits to correct the violation.
Mr. Walker further stated that earlier today, staff received a petition from approximately
60 residents opposing "any and all expansions by the Chula Vista Cable Company".
Prior to this, staff did not receive any opposition written or by phone.
Staff Recommendation: That the Planning Commission recommend to the City
Council adoption of Resolution PCC 02-84 based on findings and conditions contained
therein.
Commission Discussion:
Commissioner Castaneda expressed concern with simply going through the motions
of approving the proposal in order to make it legal, and in some respect, settle for
what's there without conditioning the project as if it were a brand new CUP. Cmr.
Castaneda further stated that he would like to include a condition(s) that addresses
landscaping and its maintenance.
Commissioner Hom questioned why after fifteen years in operation, its not until now
that the City is requiring that permits be obtained. Furthermore, he asked how far-
reaching and what type of noticing was done because when he visited the site, to his
surprise, was approached by many concerned residents in the mobile home park
adjacent to the facility, and they said they were not aware of the proposal until Mr.
Molski, President of the mobilehome park informed them.
Mr. Sandoval responded that code enforcement staff is doing an excellent job in
covering a tremendous amount of work, with minimal staffing levels. The City's code
enforcement program is complaint-driven, which means that it does not become
involved until a complaint is filed; one was filed against this site in May of this year. It is
anticipated that as more staff is added to the program, it will become a proactive
program as opposed to a reactive program.
Planning Commission Minutes - 3 - October 9, 2002
Mr. Sandoval further stated that notices were mail to the surrounding residents within a
300 foot radius from the site.
Public Hearing Opened 6:30.
Marty Altbaum, Managing General Partner of Chula Vista Cable, gave a brief
history of how Chula Vista Cable got started. He stated the dispute between him and
Mr. Molski, who in his opinion is the person who filed the complaint and rallied up the
residents to sign a petition in opposition, stems from a hedge shedding leaves on his
property.
Mr. Altbaum stated that the benefit and service his company provides to the community
and by offering his 15,000 subscribers a $10 savings and an alternative to Cox Cable is
to be taken into consideration. He has kept up with conversion requirements of
undergrounding utilities and laying piping in new development at great cost to his small
company, who is competing with a multi-million dollar cable company.
Mr. Altbaum further stated that the additional four dishes and tower were installed in
order to provide better quality reception to his subscribers and apologized for not going
through the proper channels to obtain permits through the City. He stated that he was
here to rectify an oversight, but felt that it would be unfair to place expensive conditions,
like fencing, on the CUP.
Steve Molski, 677 G Street #111, Chula Vista, stated that he did call Mr. Altbaum to
inform him of the problem with the hedge, but it was only after he had exhausted every
effort through his office by leaving messages that were never responded to. The
reason why he would request to have the hedge trimmed is because the leaves and the
mud filled the carports and gutters and they had to pay every year to clean them out.
Mr, Molski further stated that the aesthetics and hedge problems are secondary to the
main concern the area residents have, which is one of public safety. Mr. Molski then
played back a recording of a high-pitch shrieking sound coming from his radio. He
called SDG&E to have someone come check it out and was told that according to their
instrument reading, the interference was caused by emissions coming from the cable
facility and that he was going to have to report it to the FCC. Based on public safety
concerns, Mr. Molski urged the commission to deny the project.
Mr. Altbaum stated that he has always operated within FCC regulations, otherwise he
would not be able to operate his business. He denied there being any harmful
emissions and stated he has not received anything in writing or by phone from either
SDG&E or from the FCC regarding these allegations.
Planning Commission Minutes - 4 - October 9, 2002
Public Hearing Closed 7:05.
Commissioner Hom stated that it was his understanding that Mr. Molski at some point
had stated he was amenable to having the dish closest to his property moved back 25
to 30 feet, which seems like a reasonable concession that most likely could be
achieved. Furthermore, he is concerned with the alleged findings by the SDG&E
engineer and would like more information or verification that a report was filed with the
FCC and what the FCC is planning to do about it.
After consultation with his engineer, Mr. Altbaum stated that he is agreeable to move
back the southeast corner dish.
MSC (Castaneda/Hom) (4-0-3-0) that the Planning Commission recommend to the
City Council adoption of Resolution PCC 02-84 based on findings and conditions
contained therein, including the following additional recommendations:
· That the dish located on the southeast corner be relocated to an area of
sufficient distance away from the adjoining residential property as
determined by the Director of Planning and Building;
· That the applicant develop a landscaping and maintenance plan consisting
of existing and additional landscaping as recommended by the Director of
Planning and Building; and
· That verification be obtained indicating that the site is in compliance with
all Federal Communication Commission regulations.
Motion carried.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
CONDITIONAL USE PERMIT, PCC-02-84, TO
ALLOW FOUR ADDITIONAL 10-FOOT DIAMETER
SATELLITE DISHES AND A 40-FOOT ANTENNA
TOWER TO THE EXISTING CHULA VISTA CABLE
FACILITY LOCATED AT 706 'F' STREET.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is
represented in Exhibit A attached hereto and incorporated herein by this
reference, and for the purpose of general description is located at 706 'F'
Street ("Project Site"); and
2. Project Applicant
WHEREAS, on May 14, 2002, a duly verified application for a
Conditional Use Permit (PCC-02-84) was filed with the City of Chula
Vista Planning Division by Martin Altbaum (Applicant); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, four additional 10-foot diameter satellite dishes and a 40-
foot antenna tower to the existing Chula Vista Cable facility located at the
south end of an existing apamnent complex at 706 'F' street; and
4. Environmental Determination
WHEREAS, the Environmental Review Coordinator, in compliance with
the California Environmental Quality Act (CEQA) has concluded that this
project is a Class 5 categorical exemption from environmental review
(CEQA Section 15305, Minor Alterations in Land Use Limitations); and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and
advertised for October 9, 2002, at 6:00 p.m. in the Council Chambers, 276
Fourth Avenue, at which time the Planning Commission voted 4-0 to
recommend that the City Cotmcil approve the Project based on the
findings and subject to the conditions listed below, in accordance with
Planning Commission Resolution PCC-02-84; and
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was
held before the City Council of the City of Chula Vista on October 22,
2002, to receive the recommendation of the Planning Commission, and to
hear public testimony with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public heating on this Project held on October 9, 2002, and
the minutes and resolution resulting therefrom, are hereby incorporated into the
record of this proceeding.
C. CONDITIONAL USE PERMIT FINDINGS
1. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The use consists of ten satellite dish antennas (nine, 10-foot diameter and one 3-
foot diameter), a 40-foot antenna tower with various antennas and a 210 square
foot equipment storage. Chula Vista Cable has a franchise agreement with the
City of Chula Vista to operate its television cable facility. The facility currently
receives signals for cable television for customers in the western Chula Vista
area. The facility has been operating at 706 'F' Street for approximately 15
years without any significant number of complaints from the surrounding
neighbors. Chula Vista Cable provides an alternative cable service, thereby
increasing options and competition for more and better service to residents.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The Chula Vista Cable facility has been operating at 706 "F" Street for
approximately 15 years. There is no historical data that indicates that the
operation of the satellites dishes and antenna tower has created or caused any
negative effects on the residents of the adjacent apartment complex or the
surrounding area. The legalization of the additional satellite dishes and antenna
tower will not create or cause new negative effects.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed use is an unclassified use. Conditional approval of PCC-02-84
requires compliance with all conditions, codes and regulations for Unclassified
2
Uses in the Apartment Residential (R-3) zoning district, as applicable, prior to the
final issuance of any permit or for the use as described.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The project is an unclassified use and is consistent with the General Plan and
Zoning Ordinance land use designations. The property is zoned R-3, which
allows unclassified uses with a Conditional Use Permit. The project as
conditioned, is in compliance with the applicable codes and regulations. All
conditions must be satisfied prior to final building inspection.
D. TERMS OF GRANT OF PERMIT
Thc City Council hereby grants Conditional Use Permit PCC-02-84 subject to the
following conditions:
PLANNING & BUILDING CONDITIONS
1. The project shall comply with all conditions of approval for PCC-02-84.
2. The Applicant shall obtain the appropriate building permits for the four
additional satellite dishes and the 40-foot antenna tower.
3. The Applicant shall maintain the hedges along the eastern property
boundary in accordance with Section 19.58.150 of the CVMC.
4. The Applicant shall relocate the satellite dish located in the most southeast
comer of the property to an area of sufficient distance away from the
adjoining residential properties as determined by the Director of Planning
and Building Department within 45 days from the date of approval of this
resolution.
5. Prior to the issuance of the required building permits, the Applicant shall
submit a landscape plan for the perimeter of the area occupied by the cable
facility to the Planning and Building Department for review and approval.
STANDARD CONDITIONS
1. A copy of this resolution shall be recorded against the property.
2. Any violations of the terms and conditions of this permit shall be ground
for revocation or modification of permit.
3. The conditions of approval for this permit shall be applied to the subject
property until such time that the conditional use permit is modified or
revoked, and the existence of this use permit with approved conditions
shall be recorded with the title of the property. Prior to the issuance of the
3
building permits for the proposed trait, the Applicant shall provide the
Planning Division with a recorded copy of said document.
4. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City
shall impose after advance written notice to the Permittee and after the
City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exemising this reserved right/condition, may not
impose a substantial expense or deprive Permittee of a substantial revenue
source which the Permittee cannot, in the normal operation of the use
permitted, be expected to economically recover.
5. This permit shall become void and ineffective if not utilized within one
year from the effective date thereof, in accordance with Section 19.14.260
of the Municipal Code. Failure to comply with any conditions of approval
shall cause this permit to be reviewed by the City for additional conditions
or revocation.
6. Any deviation from the above noted conditions of approval shall require
the approval of a modified conditional use permit.
7. The Applicant shall and does hereby agree to indemnify, protect, defend
and hold harmless City, its City Council members, officers, employees
and representatives, from and against any and all liabilities, losses,
damages, demands, claims and costs, including court costs and attorney's
less (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Conditional Use
Permit, (b) City's approval or issuance of any other permit or action,
whether discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of the
facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this
Conditional Use Permit where indicated below. Applicant's/operator's
compliance with this provision is an express condition of this Conditional
Use Permit and this provision shall be binding on any and all of
applicant's/operator's successors and assigns.
8. The area occupied by the cable facility shall be maintained in weed-free
and healthy manner to the satisfaction of the Planning and Building
Department.
9. The Applicant shall ensure that the cable facility continually meet all
Federal Commtmication Commission requirements throughout the
operation of the facility.
4
E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the
lines provided below, said execution indicating that the property owner and
applicant have each read, understood and agreed to the conditions contained
herein. Upon execution, this document shall be recorded with the County Clerk
of the County of San Diego, at the sole expense of the property owner and/or
applicant, and a signed, stamped copy returned to the City Clerk and Planning
Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the
property owner/applicant's desire that the project, and the corresponding
application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and
known as Document No.
Signature of Owner Date
Signature of Representative for Date
Chula Vista Cable
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and
condition herein stated; and that in the event that any one or more terms,
provisions or conditions are determined by a Court of competent jurisdiction to be
invalid, illegal or unenforceable, this resolution and the permit shall be deemed to
be automatically revoked and of no further force and effect ab initio.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED
BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
THIS 22nd DAY OF OCTOBER 2002.
Presented by Approved as to form, by
Robert A. Leiter '1~. y, i~ecto
J:\Planning~vlichael\City Council\PCC-02-84 Reso.doc
5
PAGE 1, ITEM NO.: ~
MEETING DATE: 10/22/02
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING REGARDING ACQUISITION OF CERTAIN
RIGHTS-OF-WAY ON PORTIONS OF ASSESSORS PARCEL
NUMBERS (APNS) 571-050-21, 571-050-22 AND 571-050-24
(502, 510 AND 646 "H" STREET) IN CONNECTION WITH
CONSTRUCTION OF THE "H" STREET ROAD IMPROVEMENT AND
BEAUTIFICATION PROJECT"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY
TO ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF
ASSESSORS PARCEL NUMBERS (APNS) 571-050-21,571-050-22
AND 571-050-24 (502, 510 AND 646 "H" STREET) IN
CONNECTION WITH THE CONSTRUCTION OF THE "H" STREET
ROAD IMPROVEMENT AND BEAUTIFICATION PROJECT" AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID
RIGHTS-OF-WAY AND POSSESSION OF THE PROPERTY IN THE
MANNER PROVIDED BY LAW
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: CITY MANAGER ~,,~0 ~u/
4,ST,,SVOTE: .S NG
BACKGROUND
The "H" Street Road Improvement and Beautification Project" is intended to improve the quality
and appearance of "H" Street from Broadway to Interstate 5 and to provide an enticing entryway
to the City's downtown and waterfront areas. The beautification portion of the project includes
reconstructed sidewalks, pedestrian-scab lighting, entry monuments, street trees, and shrubs. As
part of the same project and at the same time, extensive roadway improvements will be
constructed along the same segment of "H" Street.
During the last several months, the City of Chula Vista, through its right-of-way consultant, has
attempted to acquire the needed rights-of-way to construct the project. The property being
acquired in most cases is in the form of a F, vo-foot wide easement running adjacent to existing
City right-of-way on "H" Street. A large majority of the properly owners along the "H" Street
corridor have already deeded the necessary right-of-way to the City free of charge, knowing that
the project will considerably enhance the value of their property.
PAGE 2, ITEM NO.:
MEETING DATE: 10/22/02
Unfortunately, negotiations with the properly owners of the shopping center at the southwest corner
of "H" Street and Broadway (Carls Jr. to Goodyear Tire) have not been successful. Early efforts by
staff to negotiate a "no cost" easement were halted due to an excess of proposed restrictions and
modifications to the City's properly interest and the beautification project itself. ConsequentJy, the
Cit,/s right-of-way acquisition consultant, Ryals & Associates, was required to make an offer, based
on an appraisal, of $20,600 for a 1,001 square foot easement (2 feet wide and 500 feet in length)
occupying the northernmost edge of the Stone's properties. After receiving the offer, the properly
owners indicated that they believe the properly is worth substantially more than the City's tender
amount. They also communicated their many bad experiences with the City in the past (the Stone
family has owned the properly for more than 50 years) and continue to propose changes to the
project design including the need for wider sidewalks and alternative types of landscaping. Despite
the parties' differences, some progress has been made in negotiations to purchase the needed
rights-of-way. These discussions will continue in the hope that settlement will be reached without
having to obtain a final order of condemnation from the court. In order to avoid further delaying
the "H" Street Beautification Project, however, Council is requested at this time to initiate eminent
domain proceedings for the subject properly in the event that negotiations with the properly owner
ultimately proves unsuccessful.
RECOMMENDATION
That Council:
1. Hold the Public Hearing for acquisition of certoin rights-of-way on portions of Assessors
Parcel Numbers (APNs) 571-050-21, 571-050-22 and 571-050-24 (502, 510 and 646
"H" Street) for construction of in connection with the "H" Street Roadway and Beautification
Project"; and
2. Approve the Resolution of Necessity to commence the eminent domain process and
authorize the commencement of condemnation proceedings by outside counsel, Linda
Badz and Associates, to acquire said rights-of-way and to obtain possession of the
property in the manner provided by daw.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
Project Background
The "H" Street segment between Interstate 5 and Broadway is one of three City entry corridors
included in the Entryway Beautification Project intended to provide enticing entryways to the City's
downtown and waterfront areas. The "H" Street beautification elements, including reconstructed
27-2-
PAGE 3, ITEM NO.: ~ ~
MEETING DATE: 10/22/02
sidewalks, pedestrian-scale lighting, entry monuments, street trees, and shrubs. As part of the
same projed and at the same time, extensive roadway improvements will be constructed along
the same segment of "H" Street. Estrada Land Planning, Inc. prepared the construdion
documents for implementation of the "H" Street Entryway Beautification Project and Shiva
Construction was awarded the construction contract in June. Construction of the initial phase is
beginning this month.
Public Hearinq
In order to acquire real property for public purposes, pursuant to Government Code Section
7267.2, the City of Chula Vista must make an offer to purchase the properly for an amount
constituting "iust compensation". If an agreement for the voluntary purchase of the property
cannot be reached, the City may then duly notice and conduct a public hearing to consider
whether to acquire the property by the exercise of its powers of eminent domain. At such a
hearing, pursuant to Civil Procedure Code Section 1240.030, the City must find and determine
that:
A. The public interest and necessity require the project;
B. The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury;
C. The properties sought to be acquired are necessary for the project; and
D. An offer has been made to the record owner or has not been made because the owner
could not be found.
The properly which is the subject of this public hearing is a portion of APN 571-050-21, 571-
050-22 and 571-050-24 (502, 510 and 646 "H" Street). The owners of said parcels, a group of
family members related to and including the primary land owner Harriet Stone, was presented
with a written offer in the amount of $20,600, dated July 10, 2002, to purchase a ~wo-foot wide
500-foot long easement along the northern edge of their properly that staff believes is needed for
the implementation of the "H" Street Beautification and Roadway Improvement Project" (STM-
334). The offer was based on an independent appraisal by Gilbert F. Kunkel, MAI, Anderson &
Brabant, and complied with the requirements of Government Code Section 7267.2.
Prior to tendering this offer, Ci~7 staff and the City's right-of-way acquisition consultant, Ryals &
Associates, tried to reach an agreement with the properly owners that would have involved the
donation of the easement, free of charge. A large majority of the properly owners bordering the
project area have already done this because the requested properh/interest was relatively small,
and they wanted to facilitate a public works/redevelopment project that will considerably enhance
the value of their properly. Unfortunately, the Stone family decided against donation or would
have donated with significant restrictions on what the City could do in the easement such that the
PAGE 4, ITEM NO.:
MEETING DATE: 10/22/02
goal of the project would be considerably compromised (especially since the Stone's property
resides at a key point in the project area - Broadway and "H" Street).
Instead, after receiving the City's offer of $20,600 for a 1,001 square foot easement (less than
0.7% of the parcels' total area), the property owners indicated that they believe the properly is
worth substantially more than the City's tender amount. They also communicated their many bad
experiences with the City in the past (the Stone family has owned the proper~ for more than 50
years) and continue to propose changes to the project design including the need for wider
sidewalks and alternate types of lands¢~q~ing.
Despite these setbacks, some progress has been made and negotiations to purchase the needed
rights-of-way will continue in the hope that a settlement will be reached without having to obtain
a final order of condemnation from the court.
In order to avoid further delaying the "H" Street Beautification Proiect, however, Council is
requested at this time to initiate eminent domain proceedings by adopting a Resolution of
Necessity for the subject property in the event that negotiations with the properly owner ultimately
proves unsuccessful.
By certified letter dated October 3, 2002, City staff notified the owners of parcels APN 571-050-
21,571-050-22 and 571-050-24 of a public hearing scheduled for Tuesday, October 22, 2002,
at which time the City Council would consider adopting a Resolution of Necessity for the
acquisition of portions of their property. The letter informed them of their right to appear and to
speak to the City Council with regard to the Ciys right to acquire their properly.
Resolution of Necessity
Staff believes that the findings required for the adoption of the Resolution of Necessity can be
made for the following reasons:
A. The public interest and necessity require the Project. The Project has been designed to
enhance and beautify a key commercial area of the City of Chula Vista. This area is in
the heart of the western half of the City and located beh, veen an important shopping mall
(which is scheduled for a major renovation) and the entry way to the City's Bayfront. This
particular project is also part of a larger, long-term plan to revitalize the "Broadway Street
Corridor" and the western half of the City.
B. The Proiect is planned or located in a manner that will be the most compatible with the
greatest public good and least private injgry. The beautification area will greatly enhance
the aesthetics of an important commercial corridor and only require the City to acquire a
small portion of land along the northerly edge of the subiect property. Furthermore, the
subject property is currently improved with landscaping and will be replaced with
landscaping - albeit of a different type. Finally, in an effort to minimize impacts to the
right- of-way and the businesses situated along it, the beautification project is being
PAGE 5, ITEM NO.: ~
MEETING DATE: 10/22/02
orchestrated in tandem with roadway improvements to "H" Street and construction will
stop during the important holiday shopping season.
C. The Properly sought to be acquired is necessary for the Project because landscaping
enhancements on the subject properties must be consistent and integrated with the rest of
the project. To be effective, the Project theme must be carried throughout the segment of
"H" Street being improved and beautified. In addition, the properties in question comprise
a significant portion of the southern side of "H" Street, are located at the eastern entry
point, and are a cornerstone of the beautification corridor. Because of this and the need
for strong, comprehensive, and integrated statement at the entry points of the Proiect,
beautification and improvement must also take place on the Properly - which cannot
occur without its acquisition.
D. An offer has been made to the owner of record. On July 10, 2002 the City made a
written offer of $20,600 to purchase a ~vo-foot wide 500-foot long easement, running
across the northerly edge of the subject property and adjacent to existing City right-of-way
on "H" Street. The offer was tendered in compliance with all applicable laws, including
notice and appraisal requirements. Furthermore, pursuant to a certified letter dated and
mailed October 3, 2002, the Owners of the affected Property were duly notified of the
public hearing and their right to appear and be heard on the matter of interest to adopt
the resolution of necessity.
Portions of APN 571-050-21, 571-050-22 and 571-050-24, as depicted on Exhibit "A", are
necessary for an ~'Easement for Public Street, Public Utility, Signage and Landscape Purposes*' that
will be used for the construction of "H" Street Beautification and Roadway Improvement Project".
The approximate area of said easement is 1001 square feet. The selection of the project's
alignment will cause minimal private damage to the subject properly because it is located along
the north edge of the properly (adjacent to the existing sidewalk and street) and does not partition
the properly.
The adoption of the requested Resolution of Necessity will allow the City to initiate the
proceedings to acquire the necessary rights-ofiway for "H" Street Beautification Project.
Commencement of the eminent domain proceedings will require the filing of a complaint with the
Superior Court. The outside legal counsel services of Ms. Linda Bartz will be utilized for the
associated condemnation proceedings.
A representative from our right-of-way acquisition consultant (Ryals and Associates), Mr. Rick
Ryals, is available at the Council meeting tonight to answer any questions concerning the
acquisition of the subject property.
Environmental
The Beautification Project has been previously analyzed for environmental impact purposes and a
Notice of Exemption was filed pursuant to CFQA Guidelines Section 15301 Class 1. This action
PAGE 6, ITEM NO.: ~
MEETING DATE: 10/22/02
creates no additional impacts. It is being adopted to allow the City to build the project as
originally planned and does not increase its size or scope..
FISCAL IMPACT
The total anticipated cost for the "H" Street Beautification Proieci" is approximatery $3,333,000
which is currently budgeted for in CIP project (STM-334). Further, it should be noted that the
amount of compensation is not a considering factor in the adoption of the Resolution of Necessity
by the City Council.
H:~florney\DaveH\Resolution of Necessity A1 13.doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC NECESSITY TO
ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF ASSESSORS
PARCEL NUMBERS (APNS) 571-050-21, 571-050-22 AND 571-050-24 (502,
510 AND 646 H STREET) IN CONNECTION WITH THE CONSTRUCTION
OF THE "H" STREET ROAD IMPROVEMENT AND BEAUTIFICATION
PROJECT" AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE
SAID RIGHTS-OF-WAY AND POSSESSION OF THE PROPERTY IN THE
MANNER PROVIDED BY LAW
WHEREAS, the "H" Street Improvement and Beautification Project" (hereinafter
"Project") is intended to enhance the quality of H Street between Broadway and Interstate
5 and to provide an enticing entryway to the City's downtown and waterfront areas
including reconstructed streets and sidewalks, pedestrian-scale lighting, entry
monuments, street trees and shrubs; and
WHEREAS, during the past several months, the City of Chula Vista, through its
right-of-way consultant, has been negotiating with property owners along H Street to
acquire the rights-of-way needed to fully implement the project; and
WHEREAS, the City has not been able to reach an agreement with the property
owners of APNs 571-050-21,571-050-22 AND 571-050-24 located at 502, 510 and 646
H Street; and
WHEREAS, the owners of those parcels (hereinafter "Owner") are Della Gold
(a.k.a. Della Rubin) (1/3 undivided interest) Harriet Stone, Trustee of the Harriet Stone
1998 Trust dated November 19, 1998 (1/3); Marc Alan Gold (1/24); Melanie Alan Gold
(1/24); Leslie Arm Gold (I/24); Audrey J. Sivan (1/24); Cynthia S Schlunegger (I/24);
Nancy S. Stone (1/24); Edward A. Stone (1/24); and Emile I. Stone (1/24); and
WHEREAS, on July 10, 2002, in accordance with Government Code Section
7267.2, the City made a written offer of $20,600 to purchase a two-foot wide 500-foot
long easement, running across the northerly edge of the subject property and adjacent to
existing City right-of-way on H Street; and
WHEREAS, such offer was based on an appraisal by Gilbert F. Kunkel, MAI,
Anderson & Brabant, and constitutes just compensation for the Property; and
WHEREAS, the City has been unable to reach terms for the voluntary acquisition
of the Property in a timely fashion after good faith efforts to do so; and
l
WHEREAS, in order to acquire the required interest in the Property for the
Project, it is necessary that the City conduct a public heating on the matter of adopting a
resolution of necessity to comanence the eminent domain process; and
WHEREAS, pursuant to a certified letter dated and mailed October 3, 2002,
owners of record of the affected Property were duly notified of the public heating and
their right to appear and be heard on the matter of interest to adopt the resolution of
necessity; and
WHEREAS, the owners were also informed that the adoption of the resolution of
necessity will authorize the acquisition of the necessary property rights through eminent
domain; and
WHEREAS, in accordance with California Code of Civil Procedure Section
1245.235, the City properly noticed, for October 22, 2002, a public hearing to consider
the Resolution; at which time the public hearing was properly conducted; and
WHEREAS, at such public heating the City considered all of the evidence
submitted including public testimony and all relevant staff reports, and all evidence
relating to the need for the Project and the Property; and
WHEREAS, the City possesses the right to acquire said Property by the use of the
power of eminent domain pursuant to the California Constitution and the California
Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et. Seq., including
inter alia Sections 1240.010, 1240.110 and 1240.120, and in accordance with California
Code of Civil Procedure Section 1240.030 which provides that the power of eminent
domain may be exercised to acquire property upon following all proper procedures and
making all required findings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT
LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS:
1. PROPOSED USE AND DESCRIPTION OF PROPERTY TO BE ACQUIRED
The Property, as more particularly described in the above recitals and on Exhibit A
attached hereto and incorporated herein by this reference, is located along one of three
City entry corridors. The City is in the process of improving and beautifying these
corridors through and Entryway Beautification Project. The Project is one element of this
larger project and includes reconstructed sidewalks, pedestrian-scale lighting, entry
monuments, street trees, and shrubs. As part of the larger Entryway Project and at the
same time, extensive roadway improvements will be constructed along the same segment
of H Street.
2
2. FINDINGS RELATED TO NECESSITY
a. The public interest and necessity require the Project. The Project has been
designed to enhance and beautify a key commercial area of the City of Chula Vista. This
area is in the heart of the western' half of the City and located between an important
shopping mall (which is scheduled for a major renovation) and the entry way to the
City's Bayfront. This particular project is also part of a larger, long-term plan to
revitalize the "Broadway Street Corridor" and the western half of the City.
b. The Project is planned or located in a manner that will be the most compatible
xvith the greatest public good and least private injury. The beautification area will greatly
enhance the aesthetics of an important commercial corridor and only require the City to
acquire a small portion of land along the northerly edge of the subject property.
Furthermore, the subject property is currently improved with landscaping and will be
replaced with landscaping albeit of a different type. Finally, in an effort to minimize
impacts to the right- of-way and the businesses situated along it, the beautification project
is being omhestrated in tandem with roadway improvements to H Street and construction
will stop during the important holiday shopping season.
c. The Property sought to be acquired is necessary for the Project because
landscaping enhancements and other improvements on the subject properties must be
consistent and integrated with the rest of the project. For the Project to be effective, the
design theme must be carried throughout the segment of H Street being improved and
beautified. In addition, the properties in question comprise a significant portion of the
southern side of H Street, are located at the eastern entry point, and are a cornerstone of
the beautification corridor. Because of this and the need for strong, comprehensive, and
integrated statement at the entry points of the Project, beautification and improvement
must take place on the Property which cannot occur without its acquisition.
d. An offer has been made to the owner of record. On July 10, 2002 the City made a
written offer of $20,600 to purchase a two-foot wide 500-foot long easement, running
across the northerly edge of the subject property and adjacent to existing City right-of-
way on H Street. The offer was tendered in compliance with all applicable laws,
including notice and appraisal requirements. Furthermore, pursuant to a certified letter
dated and mailed October 3, 2002, the Owners of the affected Property were duly notified
of the public hearing and their right to appear and be heard on the matter of interest to
adopt the resolution of necessity.
c. To the extent that any portion of the Property includes property previously
dedicated to public use, the taking by the City as to any such portion is either for a
compatible public use consistent with and authorized by Code of Civil Procedure Section
1240.510, or for a more necessary public use consistent with and authorized by Code of
Civil Procedure Section 1240.610.
3
f. All conditions and statutory requirements necessary to exercise the power of
eminent domain ("the right to take") to acquire the property described herein have been
complied with by the City Council of the City of Chula Vista.
3. VOLUNTARY OFFER TO PURCHASE THE PROPERTY MADE
As set forth in the recitals above, an offer to purchase the Property for an amount
constituting just compensation, as determined by an appraisal, has been made to the
owner(s) of record of the Property in accordance with Government Code Section 7267.2.
4. AUTHORITY TO PROCEED IN EMINENT DOMAIN GRANTED
The City Council of the City of Chula Vista, as the designated responsible lead agency
for the Project, and all appropriate officers, representatives and attorneys, are hereby
authorized and empowered, as provided by and in accordance with the applicable
provisions of the Constitution of California, Government Code, Code of Civil Procedure,
the City Charter and Municipal Code related to eminent domain, to acquire the necessary
easements to the Property by condemnation to be used for the municipal purpose of
beautifying and improving a key commercial area of the City of Chula Vista, as and to
that end, it is authorized and directed to commence and to prosecute an action or actions
in eminent domain for the purpose of acquiring easements to the Property.
5. RETENTION OF EM1NENT DOMAIN COUNSEL AUTHORIZED
The City Attorney, and the law firm of Bartz & Associates as special attorneys for City,
are hereby authorized to prepare and prosecute in the name of the City, such proceeding
or proceedings in the proper court having jurisdiction thereof, as are necessary for such
acquisition; and to prepare and file such pleadings, documents, briefs, and other
instruments and to make such arguments and to take such actions as may be necessary in
the opinion of said attorneys to acquire for said City the said real property. Said attorney
are specifically authorized to take whatever steps and/or procedures are available to them
under the Eminent Domain Law of the State of California including but not limited to
Code of Civil Procedure, Title 7, Chapters 1-12, sections 1230.010-1273.050).
6. APPROPRIATION OF NECESSARY PROCEEDS
The proceeds required to fund the Project is currently budgeted for in CIP Project STM-
334.
7. ISSUES OF URGENCY, EXPEDIENCY, DESIRABILITY AND NECESSITY
The acquisition of the Property is urgently needed to expediently complete the Project
and is manifestly desirable and essential to the declared objects of the City. The City has
urgent need for the immediate possession of such Property, and the designated attorneys
on behalf of the City are authorized and directed to secure an order of court authorizing
the City of Chula Vista to take possession of said Property at the earliest possible date.
4
8. CEQA COMPLIANCE
The Beautification Project has been previously analyzed for environmental impact
purposes and a Notice of Exemption was filed pursuant to CEQA Guidelines Section
15301 Class 1. This action creates no additional impacts. It is being adopted to allow the
City to build the project as originally planned and does not increase its size or scope.
9. INDEPENDENT JUDGEMENT
The City hereby finds and determines that their approval of eminent domain proceedings,
adoptions of this Resolution and related findings made in connection therewith, were the
product of their exercise of their independent review and judgment.
Presented by: Approved as to form by:
~hris Salomone John M. Kaheny
Director of Community Development City Attorney
J:/attomey/reso/eminent domain H St.
5
EXHIBIT A '~
,.,.. ~ .,=,= EXHIBIT A
1
EXHIBIT A ,-
EXHIBIT 'A'
LEGAL DESCRIPTION
APN: 571-050-24
THAT PORTION OF THE EASTERLY 210.OO FEET OF PARCEL I IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT ORDER
FOR FINAL DISTRIBUTION RECORDED DECEMBER 15, 1992 AS DOCUMENT NO. 1992-
0802378 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING
NORTHERLY OF A LINE, PARALLEL WITH AND 54.00 FEET SOUTHERLY OF, MEASURED AT
RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHEAST QUARTER OF QUARTER
SECTION 163 OF RANCHO DEL LA NACION ACCORDING TO MAP THEREOF BY GEORGE
MERRILL NO. 166 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY, AS SHOWN
ON RECORD OF SURVEY 9238 RECORDED JANUARY 6, 1983 AS FILE NO. 83-005152 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
TOGETHER WITH:
THAT PORTION OF SAID EASTERLY 210.00 FEET OF PARCEL 1, AS DESCRIBED IN SAID
ORDER FOR FINAL DISTRIBUTION DESCRIBED AS FOLLOWS:
COMMENCING A POINT 54.00 FEET SOUTHERLY OF, MEASURED AT RIGHT ANGLES TO,
SAID NORTH LINE OF THE SOUTHEAST QUARTER OF QUARTER SECTION 163, ON THE
WESTERLY L1NE OF SAID EASTERLY 210 FEET OF SAID SOUTHEAST QUARTER OF
QUARTER SECTION 163 SHOWN AS SOUTH 18°40'14" EAST ON SAID RECORD OF SURVEY
9238;
THENCE (1) PARALLEL WITH AND 54.00 FEET SOUTHERLY OF, MEASURED AT RIGHT
ANGLES TO SAID NORTH L1NE NORTH 71025'40'' EAST, 88.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE (2) AT RIGHT ANGLES TO SAID NORTH LINE SOUTH 18°34'20" EAST 3.00 FEET;
THENCE (3) PARALLEL WITH AND 57.00 FEET SOUTHERLY OF, MEASURED AT RIGHT
ANGLES TO SAID NORTH LINE NORTH 71°25'40" EAST, 3.00 FEET;
THENCE (4) AT RIGHT ANGLES TO SAID NORTH LINE NORTH 18o34'20" WEST 3.00 FEET;
THENCE (5) PARALLEL WITH AND 54.00 FEET SOUTHERLY OF, MEASURED AT RIGHT
ANGLES TO SAiD NORTH LINE SOUTH 71°25'40" WEST, 3.00 FEET TO THE TRUE POINT OF
BEGINNING.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
EXHIBIT 'A'
LEGAL DESCRIPTION
APN: 571-050-21,22
THAT PORTION OF PARCEL 1 IN THE CITY OF CHULA VISTA, COLrNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS DESCRiBED IN THAT ORDER FOR FINAL
DISTRIBUTION RECORDED DECEMBER 15, 1992 AS DOCUMENT NO. 1992-0802378 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHERLY OF
A LINE, PARALLEL WITH AND 42.00 FEET SOUTHERLY OF, MEASURED AT RIGHT
ANGLES TO, THE NORTH LINE OF THE SOUTHEAST QUARTER OF QUARTER
SECTION 163 OF RANCHO DEL LA NAC1ON ACCORDING TO MAP THEREOF BY
GEORGE MERRiLL NO. 166 FILED IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, AS SHOWN ON RECORD OF SURVEY 9238 RECORDED JANUARY 6, 1983 AS
FILE NO. 83-005152 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS REAL PROPERTY DESCRiPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE~ ~///~
/ LICE~S~LAND SURVEYOR
DATE
· 27 -/'7
COUNCIL AGENDA STATEMENT
Item: ~-~
Meeting Date: 10/22/02
ITEM TITLE: RESOLUTION ACCEPTING A SEARCH AND
RESCUE CANINE FROM THE NATIONAL DISASTER
SEARCH DOG FOUNDATION AND AMENDING THE FY03
FIRE BUDGET TO ADD RELATED PROGRAM SERVICES
AND APPROPRIATING FUNDS THEREFORE FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
SUBMITTED BY: Fire Chief ~
REVIEWED BY: City Manager~O-' (4/Sths Vote: Yes X No__)
The National Disaster Search Dog Foundation (NDSDF) has awarded a search
and rescue canine to the Fire Department. The NDSDF provides professionally
trained disaster search dogs to the Federal Emergency Management Agency's
(FEMA) Urban Search and Rescue (US&R) taskforces and partners the canines
with firefighter handlers at no cost.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION: That Council accept the search and rescue canine and
amend the FY03 budget and appropriate $4,709 for personnel services, $13,575
for services and supplies and $6,700 for capital expenses from the
unappropriated balance of the General Fund.
DISCUSSION
In April, the Fire Department submitted a grant application to the National
Disaster Search Dog Foundation. The Foundation has been providing
professionally trained and FEMA certified search and rescue canines to
Firefighters since the Oklahoma City bombing in 1995. NDSDF recovers stray or
mistreated dogs and then turns them into rescuers by professionally training
them at an initial cost of $10,000 to NDSDF per dog and handler team. The
FEMA Certified disaster search teams (dog/handler) have been a valuable
resource for communities across the nation.
The Fire Department has been selected to receive a trained search and rescue
dog. These canines are only granted to agencies participating in the Federal
Emergency Management Agency's Urban Search & Rescue response program.
The Chula Vista Fire Department currently participates on FEMA's US&R
California Taskforce-8 (CAFT-8) with fifteen Rescue Specialist flrefighters.
Selection to CAFT-8 as a canine/partner is highly competitive due to the limited
number of certified canine available and high demand.
The addition of a US&R canine/handler team further complements and
strengthens the Department's search & rescue capabilities as well as the City's
Disaster Preparedness efforts. Canine rescuers play a critical role during
structural collapse incidents and in confined spaces. Canine/handler teams are
often instrumental in locating victims and expediting the initial stabilization of
victims trapped in confined spaces.
Currently, there are only two US&R canine/handler teams in San Diego County
that participate with CAFT-8. Both these teams are part of the El Cajon Fire
Department. The California State Governor's Office of Emergency Services
recognizes the need for 96 teams statewide, but only 56 exist. These teams are
often deployed to building collapses, confined space rescues, earthquakes,
mudslides, missing and injured persons situations, and water rescues.
Acceptance of the grant award would add a canine/handler team to Chula Vista
and mutual aid areas.
Staff is proposing the canine partner with firefighter D'Orsi who will be
guaranteed a position on CAFT-8 as a canine/partner. Fireflghter D'Orsi was
instrumental in leading the efforts to receive a canine from the National Disaster
Search Dog Foundation.
Pro.qram costs
The professionally trained canine is being provided at no cost to the City. The
City will be responsible for providing related services and supplies associated
with the program. These services include food, kennel, training and veterinary
expenses associated with the canine. Staff is recommending $13,575 be
budgeted for these services in FY03. This includes one-time training and kennel
expenses. Ongoing annual services and supplies costs for this program are
$5,660.
Additionally, The Federal Labor Standards Act requires canine handlers be paid
for the feeding, grooming and care of the canine. Staff proposes the same
formula used to compensate police canine handlers be used in calculating the
compensation. Currently police handlers are compensated at a rate of 3.5
overtime hours per week. The fire canine handler would be eligible to receive
$4,709 in FY03. Subsequent years would be adjusted in accordance with IAFF
MOU increases.
The department will issue an existing vehicle to the handler for this program.
The vehicle will require a camper shell, 800 Mhz portable radio with charger and
some other modifications. The cost for the vehicle modifications and equipment
is $6,700. Reoccurring maintenance and replacement costs associated with the
vehicle are included in the Fire Department's budget therefore; no additional
allocation is needed for this purpose.
FISCAL IMPACT
The total FY03 cost for this program is $24,984. This amount includes one time
start up costs. The ongoing cost is $10,595. Staff is recommending these costs
be funded from the unappropriated balance of the General Fund. These ongoing
costs are currently unfunded and may necessitate ongoing reductions in this or
other programs.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A SEARCH AND RESCUE CANINE FROM
THE NATIONAL DISASTER SEARCH DOG FOUNDATION AND
AMENDING THE FY03 FIRE BUDGET TO ADD RELATED
PROGRAM SERVICES AND APPROPRIATING FUNDS
THEREFORE FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND
WHEREAS, The National Disaster Seamh Dog Foundation (NDSDF) has
awarded a search and rescue canine to the Chula Vista Fire Department; and,
WHEREAS, The NDSDF provides professionally trained disaster search
dogs to Urban Search and Rescue (US&R) firefighter handlers at no cost; and,
WHEREAS, The Federal Emergency Management Agency (FEMA)
Certified disaster search teams (dog/handler) have been a valuable resource for
communities across the nation; and,
WHEREAS, these canines are only granted to agencies participating in
the Federal Emergency Management Agency's (FEMA) Urban Search & Rescue
(US&R) response program; and,
WHEREAS, these teams are often deployed to building collapses,
confined space rescues, earthquakes, mudslides, missing and injured persons
situations, and water rescues; and,
WHEREAS, the City will be responsible for providing ~elated services and
supplies associated with the program. These services include food, kennel,
training and veterinaw expenses associated with the canine.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby amend the FY03 budget and appropriate $4,709 for
personnel services, $13,575 for services and supplies and $6,700 for capital
expenses from the unappropriated balance of the General Fund.
Presented by: Approved as to form by:
Fire Chief City Attorney
J:/attomey/rcs/k-9
COUNCIL AGENDA STATEMENT
Item: ~'~'
Meeting Date: 10/22/02
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FY03 BUDGET
TO ADD ONE FIRE ENGINEER TO THE FIRE
DEPARTMENT AND RE-ESTABLISH THE CHULA VISTA
FIRE EXPLORER PROGRAM AND APPROPRIATE FUNDS
THEREFORE FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND
SUBMITTED BY: Fire Chieft)l~
REVIEWED BY: City Manager ~,0'~ (4/5ths Vote: Yes X No__)
The Fire Department is requesting the advanced hiring of one Fire Engineer
position and re-establishment of the Chula Vista Fire Explorer Program to
address department recruitment and training needs. The addition of this position
was intended to coincide with the opening of Fire Station 7 scheduled to olSen in
September 2003. Advance hiring will permit the department to begin the
recruitment and training process for new positions associated with Fire Station 7
and anticipated d(.;partment turnover. The goal of the fire explorer program is to
introduce young men and women to the fire service.
· BOARDS/COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION: That Council amend the FY03 budget to add one fire
Engineer position to the Fire Department and appropriate $44,872 for personnel
services, $17,600 for training/recruiting supplies and services, $13,300 for the
fire explorer program and $35,000 for a vehicle from the unappropriated balance
of the General Fund.
DISCUSSION
The Fire Department will grow from 84.3 positions to over 105 positions within
the next 1.5 to 3 years. Additionally, the department anticipates significant
turnover due to the 3% at 50-retirement benefit. As a result, a strong proactive
recruitment campaign is necessary to reach and hire qualified fire personnel.
The extensive outreach-recruiting program will focus on recruiting qualified
personnel representative of our community. Recruitment activities will include
advertising, the distribution of flyers, presentations at high schools, colleges,
explorer/reserve programs and community groups as well as participation in
recruitment fairs and community events. The advanced hiring of a Fire Engineer
position would allow the Fire Department to dedicate a aosition to focus on
recruiting between November and February.
In March, the position would focus on development of training for the new hires
and promoted personnel. Approximately 20 new hires are anticipated to enter
the Fire Academy in July 03. This position will work with the Training Battalion
Chief and Captain to ensure that proper fire training is conducted to support the
department's growth and bridge gaps in experience levels. The position will
provide hands on training for fire personnel, especially new engineers.
According to the department's succession plan, most turnover will occur at the
engineer rank. Approximately 36 new engineers will need to be trained in the
next three years. This position is proposed to be filled at the engineer level
because this rank has the unique expertise required to fulfill this assignment.
This rank is able to provide driver certification for each type of equipment
(pumper, ladder, telesquirt, etc.) operated by the fire department. Additionally
engineers are trained to operate and maintain equipment (Jaws of Life,
hydraulics, etc.) kept on fire apparatus.
In an effort to further develop our applicant pool, the department is
recommending the re-establishment of the Chula Vista Fire Explorer Post. The
original Chula Vista Fire Explorers program was developed in 1989 under the
umbrella of the Boys Scouts of America. The goal of this program is to introduce
young men and women to the activities related to fire service. Under general
supervision Fire Explorers respond to fires, medical aids and other emergency
alarms. They learn and participate in a variety of training exercises designed to
help them learn about the fire service. Some of these activities include hose
evolutions, ropes and knots, forcible entry, and ventilation practices. In addition,
they get hands on experience assisting in operating nozzles, directing water
streams, connecting and laying hose lines and maintaining fire apparatus and
equipment. Over the years, fire explorer programs have proven to be a good
resource for identifying potential fireflghter candidates. The department has
hired 12 of our existing fire fighters from explorer programs. Re-establishment of
this program now would potentially develop candidates for the future staffing of
Fire Stations 8 and 9.
Future Need
Originally, the addition of this position was intended to coincide with the opening
of Fire Station 7 scheduled to open in September 2003. Advance hiring will allow
the department to address the immediate recruitment and training needs.
However, based on future staffing and training needs associated with Station 8 &
9, it may be necessary to add a permanent position for this purpose. Staff will
address this need during the FY03-04 budget process. Moreover, in an effort to
minimize the impact to the General Fund staff will also seek grant funding to
offset the cost of the position.
Related Proqram Costs
Personnel costs associated with the fire engineer position for FY03 are estimated
at $44,872. This includes $5,000 associated with uniforms and equipment. Staff
is also recommending that Council appropriate $17,600 for furniture, recruiting
services and supplies. These funds will be used to purchase furniture, computer,
canopy, display board, banner and table in addition to services and supplies
needed for recruiting and training purposes. Ongoing recruiting program costs
are $7,470.
In addition, staff is also recommending the purchase of a one-ton van and related
equipment to be used for recruiting and training purposes. The one-ton van is
necessary to carry training and recruiting equipment and transport personnel as
well as pull the Fire Safety Trailer to community events. The cost for a one-ton
van is estimated at $35,000. Annual ongoing maintenance and replacement
costs are $3,600.
A total of $13,300 is needed in FY 03 to re-establish the fire explorer program.
These funds will be used to pay for Charter, insurance and handbook fees, rules
and regulation manuals, entrance fees to the California State Fire Explorer
Academy and purchase class C Twshirts, badges, helmets and miscellaneous
turnout gear items. Ongoing program costs are estimated at $10,300.
FISCAL IMPACT
The total FY03 cost of the position is $44,872. The cost for related program
furniture, services and supplies is $17,600 and $35,000 for a one-ton van. The
FY03 costs for the explorer program are $13,300. Staff is recommending these
costs be funded from the unappropriated balance of the General Fund. The
ongoing cost beginning in FY 04 is $67,278 for salary and benefits and $3,800
for uniforms and equipment associated with the position, $7,500 for recruiting
and training services & supplies, $3,600 for vehicle maintenance and
replacement, and $10,300 for the explorer program. These ongoing costs are
currently unfunded and may necessitate ongoing reductions in this or other
programs.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FY03 BUDGET TO ADD ONE FIRE
ENGINEER TO THE FIRE DEPARTMENT AND RE-ESTABLISH
THE CHULA VISTA FIRE EXPLORER PROGRAM AND
APPROPRIATE FUNDS THEREFORE FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
WHEREAS, advance hiring will permit the department to begin the
recruitment and training process for new positions associated with Fire Station 7
and anticipated department turnover; and,
WHEREAS, a strong proactive recruitment campaign is necessary to
reach and hire qualified fire personnel; and,
WHEREAS, recruitment activities will include advertising, the distribution
of flyers, presentations at high schools,. colleges, explorer/reserve programs and
community groups as well as participation in recruitment fairs and community
events; and,
WHEREAS, the position will work with the Training Battalion Chief and
Captain to ensure that proper fire training is conducted to support the
department's growth and bridge gaps in experience levels; and,
WHEREAS, the position is proposed to be filled at the engineer level
because this rank has the unique expertise required to fulfill this assignment;
and,
WHEREAS, to further develop our applicant pool, the department is
recommending the re-establishment of the Chula Vista Fire Explorer Post; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby add add one fire Engineer position to the Fire
Department and appropriate $44,872 for personnel services, $17,600 for
training/recruiting supplies and services, $13,300 for the fire explorer program
and $35,000 for a vehicle from the unappropriated balance of the General Fund.
Presented by:
/~._-~'ì)
G" ~)1 ( ",
~aiA. Perry . ~
Fire Chief ~
Approved as to form by:
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City Attorney
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Al)\'OC:A ¡'IC)N
Date: October 22, 2002
To: The Honorable Shirley Horton & Members of the Chula Vista City Council
From: Advocation Inc,
-Charles Cole
-Bill Dobring
Re: Overview of 200112002 Legislative Session
Introduction
We ended the 200 I state legislative session with decreasing attention to the energy crisis and
started the 2002 session with a $12 billion dollar budget deficit that grew to a shortfall of more
than $23 billion,
The State's historical treatment of local government during times of fiscal chaos put us on a
heightened alert during each day of the budget process, Advocation's mission was to work
closely with the Legislature's leadership to keep the City whole. We believe we succeeded in
that mission. In addition, the firm worked on or monitored 114 bills in which the City had an
interest. Some of those key proposals are noted below.
Board of Equalization & AB 81
During the energy crisis, the Board of Equalization (BOE) passed a resolution doubling the
property taxes on electrical generators. Additionally, the resolution changed the distribution
method of those taxes. Instead of keeping the revenue within the host city, all the tax revenue
paid by the generating facility would be placed on the unitary tax roll and distributed among all
the agencies within the County that are eligible to receive property tax revenues. This change
represented an annual loss of hundreds of thousands of dollars to Chula Vista fiom the current
South Bay power plant, and millions of dollars should a new plant be constructed in Chula Vista.
Advocation lobbied the BOE on behalf of the City, arguing that the host community bore all of
the costs and hardships of having the facility, yet would not receive a commensurate benefit (i.e.
the property tax revenues). The BOE responded that the Legislature would have to act in order to
protect a situs based allocation of the taxes.
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At that time, Assemblywoman Migden was carrying AB 81, which as introduced,
mirrored the Board's resolution and was sitting in the Senate Appropriations Committee
on the suspense file. Advocation was able to convince Senator Alpert to accept
Assemblywoman Migden's amendments to AB 81 to allow the City to maintain its
existing tax base. These amendments were taken over the objections of LA County.
SB 1432 & Housing Self Certification
Despite the existence of state statutes that allow qualifying cities in this region to self-
certify their housing elements, the staff at the State Housing and Community
Development Department (HCD) has consistently found ways to prevent self-certifying
cities fiom qualifying for various grants and other revenue sources. Advocation held
many meetings with HCD staff in an attempt to resolve this issue but they remained
unyielding.
This year Senator Alpert introduced SB 1432 that effectively removed any power from
HCD to prevent Chula Vista fiom qualifying for funds. The bill states:
"Notwithstanding any provisions of the law, any city or county that self-certified its
housing element, or has been deemed in compliance with the housing element
requirements by a court shall be consideredjùlly eligible to participate in any state
program and receive state funding, including any state bondjùnding, in an identical
manner as those jurisdictions deemed in substantial compliance by HCD, "
Border Infrastructure Financing
SB 1731 (Polanco)- This legislation proposed to create yet another Border Infiastructure
Financing Authority to finance projects on both sides of the border. The measure,
however, effectively eliminated local government's involvement in the process, and
superceded the existing financing authority created tbrough the efforts of County
Supervisor Greg Cox and Senator Steve Peace. The City opposed Senator Polanco's
proposal. Advocation was able to obtain a veto fiom the Governor's office in order to
protect the role of local government in determining needed infrastructure for the border
region.
State Mandated Housing Element
SB 910 (Dunn)- This legislation, sponsored by housing advocates, would have
dramatically undermined the City's ability to implement its adopted housing element.
Under Senator Dunn's proposal, State controls over the amount of affordable housing and
density within each community would have increased, severely restricting local control.
In addition, new fines for non-compliance (also determined by the State) would have
been imposed.
Working with the League of Cali fomi a Cities, this bill was defeated in the Assembly
Local Government Committee
Re-Distribution of Sales Tax
AB 680 (Steinberg)- W as drafted to make a radical change in the distribution of sales tax
revenues. The change would have separated the net revenues from the 1 % local sales tax
rate into several different funds, only one-third of which would have gone to the city in
which a sale was made. New State-imposed affordable housing guidelines would have
had to be met in order for that city to receive the balance of its normal sales tax revenue.
While the bill would have applied to the Greater Sacramento Region only, it would have
set a dangerous precedent for the future. This bill was of a great concern to the City and
the firm worked exceptionally hard to stop its passage.
Other Legislation
During the session there were a number of bills on which the City took oppose positions.
These related to topics as varied as public employees' benefits, collective bargaining,
retirement benefits, and awarding peace officer status for some employees, Given the
power of labor in the Capitol it was no surprise that these measures made it to the
Governor in-spite of the cost to local government, estimated to be in the millions.
Thankfully, the Governor agreed with the City and vetoed them all.
Nature Center
One of the best examples of the successful working relationship between City staff and
Advocation is the recent award of a $298,000 grant for the Nature Center. The
exceptionally well-written grant submitted by City staff coupled with the efforts by
Advocation working with the firm's contacts in the State Parks Department made this
appropriation possible.
Next Year
Because of term limits, the Assembly will have 38 new legislators (48% of the 80
member body). The high percentage of freshman increases the difficulty of running the
House, and leads to particularly long committee meetings as new members learn the
means and methods of the committee process. Part of our focus at Advocation will be to
develop positive working relationships with the new legislators, particularly those who
will sit on the Local Government and Appropriations committees.
The Senate will not require the same level of attention because of a higher level of
continuity among the seated members. The seven vacant Senate seats will most likely be
filled by individuals who have previously served in the Assembly and are already well
versed in the legislative process.
The current projections for next year's budget indicate that there is already an $18 to $20
billion deficit. Once again the Legislature will be scrambling to find new sources of
revenue and be forced to make difficult decisions on budget cuts. Advocation is already
on the alert for indicators of coming spending cuts, and will maintain an intense focus on
the budget process to minimize impacts to the City. It is already evident that special
projects for the traditional "Members Request" process will not be processed until the
shortfall has been met and some kind of surplus can reasonably be projected.
The 2003/2004 session convenes December 2, 2002. Now is the time to start thinking
about any legislation that may be needed for the City. In light of the State's current
financial condition, bills that involve the appropriation of General Fund money are not
good candidates for introduction. With legislative deadlines for the introduction of bills
and the limitation of the number of bills a legislator may carry, it is important that bill
requests be submitted as soon as possible.
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California
Spending Plan
2002-03
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The Budget Act and Related Legislation
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September 2002
Elizabeth G. Hill, Legislative Analyst
Ii'
The 2002-03 Budget Package
Chapter 1
2002-03 Budget Ad
The Challenge and
The Solution
SCOPE OF THE PROBLEM
The Governor signed the 2002-03 Budget Act on September 5, 2002, a record
67 days into the new fiscal year. In enacting the $99 billion budget, the Legis-
laturewas faced with the unprecedented and formidable task of addressing a
$23.6 billion shortfall. It did this through adopting a variety of programsav-
ings, borrowings and loans, transfers, deferrals, and revenue augmentations.
The budget also includes a modest year-end General Fund reserve of $1 bil-
lion. In terms of the budget's growth, both current-dollar and real per capita
spending in 2002-03 are down modestly from their prior-yearlevels.
In this chapter, we first discuss the factors underlying the major fiscal chal-
lenge facing the Governor and Legislature as they approached the 2002-03
budget, and then describe the key actions taken to address the shortfall. In
subsequent chapters, we provide additional details about the adopted budget
package, including its main features, its development, and its revenue and
expenditure detail.
FACTORS UNDERLYING THE
BUDGET SHORTFALL
The $23.6 billion budget gap facing the Governor and Legislature in 2002-03
reflected the cumulative impact of an unprecedented decline in General Fund
revenues in 2001-02 and 2002-03, along with projected continued growth in
General Fund expenditures during the two years. The budgetary impact of
these trends is depicted in Figure 1 (see page 2), which shows what revenues
and expenditures would have been in 2000-01 through 2002-03 had there
been no budget-balancing actions taken following the 2001-02 budget's en-
actment. (These figures have also been adjusted to exclude the $6.2 billion
electricity loans in 2000-01 and their assumed repayments in 2001-02.) The
figure shows that:
1
Legislative Analyst's Office
Figure 1
How the Huge Budget Shortfall Developed
Amounts in Billions
Annual Revenues and Expenditures'
$100
_ Revenues"
90 _ Expenditures"
80
70
60
50
99-00
00-01
01-02
02-03
CUmulative SurpluslDeficlt"
$15
10
0
-5
-10
·15
-20
-25
-30
99-00
00-01
01-02
02-03
"EstImates 01 __ exper<Jllures. and yeer-end surpluSeSldel\cl1S woutd have been absent
any budget-balanclng ,aoos foiIoIW>g the adopIion 01 the 2001.02 budget. FIg\JfeS aIso_
the ImpaCt 01 the electriciIY loan and lis assumed repayment.
. In 2000-01, revenues and expenditures were roughly in balance, with
each totaling about $78 billion. At the conclusion of that year, the state
had a reserve balance of about $7 billion, wlùch had been built up
during the revenue boom of the late 19908.
2
The 2002-03 Budget Package
. Then, in 2001-02, revenues fell by over $10 billion while expenditures
grew by roughly $3 billion, resulting in an operating shortfall of $13 bil-
lion. The above-noted $7 billion reserve balance from 2000-01 was avail-
able to cover part of this operating deficit, leaving a 2001-02 year-end
deficit of $6 billion. This compares to the positive reserve of $2.6 billion
anticipated when the 2001-02 budget was enacted.
. In 2002-03, expenditures would have continued to increase under cur-
rent law, reaching $86 billion. This would have been nearly $17 billion
more than the $69 billion in revenues projected for that year. This, com-
bined with the $6 billion 6Irry-in deficit, would have left the state with
a year-end shortfall of $23 billion absent corrective action. Adding to
this the $500 million reserve sought by the Governor, resulted in the
estimated $23.6 billion shortfall noted previously.
What Caused the Revenue Decline?
As indicated above, the large revenue decline was the main factor behind the
budget shortfall. This decline was the largest in any single year since the Great
Depression. While the national and state economic downturns beginning in
2001 played a significant role, the main factor behind the revenue plunge
was the sharp drop in stock market-related revenues. As shown in Figure 2,
we estimate that total personal income tax receipts related to stock options
Rgure 2
Capital Gain and Stock Option Related
Revenues Plunge in 2001-02
Do/lars in Bi//ions
$18
16
14
12
10
8
6
4
97-96
98-99
99-00
00-01
01-02 02-03
L-LAO Estlmates--!
3
Legislative Analyst's Office
and capital gains fell from $17 billion in 20Q0-01 to roughly $6 billion in both
2001-Q2 and 2002-03. Even with an assumed sustained recovery in overall
economic activity in 2002, the loss of stock market-related revenues reduced
the ongoing amount of annual state revenues by well over $10 billion relative
to pre- 2001-02 levels.
How THE SHORTFALL WAS ADDRESSED
As indicated above, based on the provisioIlS and assumptiOIlS incorporated
in the 2002-03 budget package, all of the $23.6 billion budget gap would be
eliminated by the close of the budget year. Figure 3 shows the various bud-
get-related solutioIlS that were adopted (based on the administration's meth-
odology for categorizing the savings). These include:
. Program Cost Savings ($7.5 Billion). These savings-which account
for about one-third of the overall budgetary solutioIlS adopted-pri-
marilyinvolve the deferral or elimination of previously enacted pro-
gram expansions, and the elimination of workload and cost-of-living
adjustments throughout the budget. While all major program areas
are affected, the largest dollar savings are in education, health, social
services, and state operations. The programmatic details of these sav-
ings are discussed in "Chapter 4". The $7.5 billion total also includes '
$750 million in unallocated reductions to state operations, $285 mil-
lion in savings from an early retirement program, and $75 million from
the elimination of vacant positions.
"
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Figure 3
Major Actions Taken to Close the Budget Funding Gap
(In Billions)
þ~~.--
Program cost savings $1.8" $5.6 $7.5
Increased borrowing 0.2 ' 5.4 5.6
Inter-fund loanS. funding shifts.
and transfers 1.4b 3.5 4.8
Revenue Increases 2.9 2.9
Deferral of certain education
disbursements 1.0" 0.7 1.7"
Assumed Increased federal
funds 1.1
a Includes $0.2 bIIon In 2QO().02 savings
b Includes $0.3 _In 2OO<HI1 funding shifts.
C Represents funds _In Chapte< 101. Slatut.. of 2002 (AS 3011, COrnmiIIee on BudgeI). Does not
Include $17 _In school perlonnaItC8 award paymenlS dafenad In lite 200NI3 BudgetAct.
DotaIl may not total due to rouncing.
4
The 2002-03 Budget Package
iii.
. Increased Borrowing ($5.6 Billion). 11Us includes $4.5 billion from the
securitization of future tobacco settlement receipts. 11Us will occur
through the sale of revenue bonds whose repayments will be secured
by future state receipts of tobacco settlement payments. The other
$1.1 billion is related to the State Treasurer's plan to restructure state
debt, including the deferral of certain prinåpal payments due in 2002
throughmid-2004,
· Interfund Loans, Funding Shifts, and Transfers ($4.8 Billion). 11Us cat-
egory includes $2 billion in loans, of which about $1.2 billion is from
transportation-related funds. The balance is from a variety of sources
detailed in Chapter 3, including certain resources-related funds.
· Revenue Im:reases ($2.9 Billion). These include a two-year suspension
of the net operating loss carry-forward deduction ($1.2 billion), with-
holding increases on stock options and certain real estate sales
($625 million), a one-year suspension of the teacher tax credit ($170 mil-
lion), and various tax compliance measures.
· Deferral of Certain Education Disbursements ($1.7 Billion). 11Us in-
cludes the deferral of $1 billion from June to July of 2002, and another
$681 million from late 2002-03 into July 2003. These deferrals are not
intended to materially affect the functioning of the programs involved.
· Increased Federal Funding Assumptions ($1.1 Billion). 11Us includes
$400 million related to increased federal contributions for Medi-Cal
funding, $350 million related to security and bioterrorism funding,
$91 million for clù1d support system penalty relief, $50 million for un-
documented felon reimbursements, and $56 million for various health
and soåal services programs.
One Time Versus Ongoing Solutions
Although the above actions addressed the budget problem for 2002-03, they
did not eliminate the multibillion dollar underlying imbalance that currently
exists between General Fund revenues and expenditures. This is because most
of the adopted budget solutions are either one-time or limited-term in nature.
In fact, some of the actions-such as the speåal fund loans, borrowing, and
net operating loss suspension-will result in additional budgetary obligations
in later years. Because of the relatively limited amount of ongoing savings
incorporated in the 2002-03 budget package, the state will continue to face
large multibillion shortfalls in 2003-04 and beyond, absent corrective actions.
5
The 2002-03 Budget Package
Chapter 2
Key Features of the
Budget Act and
Related Legislation
THE BUDGET TOTALS
Total State Spending
The state spending plan enacted for 2002-03 authorizes total state spending
from all funds of $98.9 billion. As indicated in Figure 1, this total includes
budgetary spending of $96.1 billion, reflecting $76.7 billion from the General
Fund and $19.4 billion from special funds. In addition, spending from selected
bond funds totals $2.8 billion. These bond-fund expenditures reflect the use of
bond proceeds on capital outlay projects in a given year. The General Fund
costs of these outlays, however, involve the ongoing principal and interest
payment until the bonds are retired.
The amount of 2002-03 budget spending compared to 2001-02 represents a
decline of $782 million (0.8 percent}-$141 million (0.2 percent) for the Gen-
eral Fund and $641 million (3.2 percent) for special funds.
Figure 1
The 2002-03 Budget Package
Total State Expenditures
(Dollars In Millions)
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General Fund $78,053 $76,863 $76,722 -$141 -0.2%
Special funds 13,972 19,995 19,354 -641 -32
Budget totals $92,024 $96,858 $96,076 -$782 -0.8%
Selected bond funds 4.357 4,456 2,812 -1,644 -36.9
Totals $96,382 $101,314 $98,888 -$2,426 -2.4%
Detail may not total due to rounding.
7
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Legislative Analyst's Office
The General Fund Condition
Figure 2 sl11I\1Ilarizes the estimated General Fund condition for 2001-02 and
2002-03 that results from the adopted spending plan and related legislation.
Figure 2
The 2002-03 Budget Package
Estimated General Fund Condition
(DoHars in Millions)
~~_ _ Of ._,> __~ ,_ _~ ~..."..__~ ~ ~ -~, - - _,__~~r~.~_r -- "",---. ...~---+
., ~ ,_t~
, , ,. , ~r.t:'t',,;t\, ",,:r.-.;>/Xí ~,ti
_~~_, ~~,:... _~. _..""~> '.. _.,_~^>;...~...:.~"~_~~ _M~~~~- ~.~..:-
Prior-year fund balance
Revenues and transfers
Total resources available
Expenãrtures
Ending fund balances
Encumbrances
$3,037
7.1%
-0.2%
Detail may not total due to rounclng.
2001-02. In the prior year, estimated revenues and transfers totaled
$73.9 billion (a growth of 3.5 percent from 2000-(1) wlù1e expenditures were
$76.9 billion (a 1.5 percent decline). ThiS resulted in a negative operating
balance (that is, expenditures in excess of revenues) of about $3 billion. TIús
was offset by a carry-in balance of about $3 billion from 2000-01. However,
because encumbrances totaled $1.5 billion, a year-end budget deficit of rouglùy
$1.4 billion occurred. (These figures include the $6.2 billion electricity loan
from the General Fund in 2000-01 and its assumed repayment in 2001-02.)
2002-03. Figure 2 shows that, under the adopted budget agreement, the cur-
rent year is projected to end with a positive reserve balance of slightly over
$1 billion. TIús reflects estimated revenues and transfers totaling $79.2 billion
(7.1 percent growth) and estimated expenditures of $76.7 billion (a 0.2 per-
cent decline). TIús, in turn, results in an operating surplus 0£$2.4 billion.
Programmatic Spending in 2002-03
General Fund spending in 2002-03 is summarized in Figure 3, by major pro-
gråm area. As discussed in greater detail in "Chapter Four", budgetary growth
varies considerably by program area. For example, K-12 education and social
services programs collectively experience modest percentage gains, whereas
health and corrections experience moderate reductions. Similarly, the Uni~
versity of California experiences a moderate reduction, California State Uni
8
1:
¡ The 2002-03 Budget Package
\
versity has a modest decline, and funding for the california Community Col-
leges sees moderate growth.
Figure 3
The 2002-03 Budget Package
General Fund Spending by Major Program Area
(Donars in Millions)
J
K·12 Education" $29,746 $29,939 $30,769 $830 2.8%
Higher Education
ceca 2,808 2,854 3,016 162 5.7
UC 3,201 3,458 3,224 -234 -6.8
CSU 2,442 2,713 2,681 -32 -1.2
Other 697 753 838 84 11.2
Health 12,245 13,675 13,022 -653 -4.8
Social Services 7,564 8,419 8,611 192 2.9
Corrections 5,298 5,544 5,285 -259 -4.7
All other 14,050 9,508 9,276 -232 -2.4
Totals $78,053 $76,863 $76,722 -$141 -0.2"'-
DæI may not total due to rounclng,
a Includes expenditUres from prior-yeat p~ 98 ~
General Fund Spending over Time
Figure 4 (see page 10) shows General Fund expenditures from 1990-91 through
2002-03, both in current dollars (shaded bars) and as adjusted for population
growth and inflation (that is, in real per capita termS, displayed using the line).
The figure indicates that, based on the approved spendingplan, Genera1Fund
spending in 2oo2-œ will decline for the second year in a row after having
peaked in 2000-01. likewise, real per capita spending will fall for the second
consecutive year in 2oo2-œ, which will leave it roughly 9 percent below its
2000-01 peak. TIûs reduced percapita spending level will still be about
16 percent above its peak prior to the early 19905' recession, and nearly 40
percent above its 19905' recession low.
EVOLUTION OF THE BUDGET
In this section, we highlight the key developments in the evolution of the
2002-œ budget, beginning with the November 2001 executive order freezing
9
legislative Analyst's Office
Rgure 4
General Fund Expenditures OverTime
1990-91 Through 2002-03
Total Spending
(InBiI1ons)
$90
Real per-Capita
Spending
(In 2002-03 DoIIals)
$2,500
80
500
J ;; ~: Per Capita 1_
2,000
70
60 -
1,500
50
40 -
30 -
20
1,000·
10
90-91
92-93
94-95
96-97
98-99
fXH)1
02-03 '
certain state expenditures and concluding with the Governor's signing of the
budget on September 5, 2002.
November Revisions
In the months immediately following the adoption of the 2001-02 budget in
July 2001, the economy and state revenues both fell sharply below forecasted
levels. The downturn accelerated following the September 11, 2001 terrorist
attacks. By the fall, it was clear that the 2001-02 budget was falling seriously
out of balance, and that the 2002-03 budget faced a major shortfalL In our
November 2001 release of OIlifornia's Fiscal Outlook, we estimated that the
state fac!i!Cl a cumulative shortfall of over $12 billion in 2002-03, absent cor-
rective actions.
In response to the emerging budget problem, the Governor issued an execu-
tive order in November freezing certain state expenditures. He also requested
that the Legislature convene an extraordinary session to consider various
current-year adjustments to help address the situation. These savings were
included as part of the 2002-03 Governor's Budget released in January. On
January 29, 2002, the Legislature adopted SB 1xxx (Chapter lxxx, Peace),
which included many of the Governor's proposals. The measure included
savings of $2.2 billion in 2001-02 and $589 million in 2002-03. As shown in
Figure 5:
10
The 2002-03 Budget Package
· About $857 million of the 2001-Û2 savings were in education, includ-
ing $250 million from a rescission of funds for energy costs. Other edu-
cation-related savings included funding deferrals for certain teacher
incentives, as well as reductions in various categorical programs.
· About $600 million in savings were in General Government. 'lhese in-
cluded across-the-board cuts in state operating expenses, a reduction
in funds provided for various energy-related costs and initiatives, and
a reversion of funds that had been earmarked for Smog Impact Fee
refunds (reflecting a reduction in the estimate of the likely amount of
refunds needed
to be paid).
· The balance of
savings came
from a variety of
other areas, in-
cluding a delay
in the planned
expansion of the
Healthy Families
program and the
reversion of
funds that had
been approved
for various pro-
gram expansions
and resources
capital projects.
Figure 5
Mid-Year Savings for 2001-02
Adopted by Legislature
(In Millions)
__~ ____~___~__"~_'_r·. -~---~. -' - ",
" ' ,
_~___,~___.J.i..:.:.__~____"_ --"--~~-- <---< "- -,-" ~
K-12 Education $857
General Government 605
Resources 187
Transportation 138
Social Services 116
Local Government 109
Health Services 89
Higher Education 56
Criminal Justice 6
Total $2,163
Governor's January Proposal for 2002-03
'!he scope of the 2002-03 budget problem grew substantiaUy between when
the Governor released his original proposalinJanuary and when the budget
was approved in early September. 'lhe budget shortfall, along with the
distribution of budget savings by major category, are shown in Figure 6
(see page 12) for the January proposal, the May Revision, and the 2002-Û3
Budget Act.
InJanuary, the Governor proposed a 2002-03 General Fund budget, which
, incorporated his proposed 2001-û2 mid-year savings discussÈd above, as well
as numerous other actions to cover an estimated $12.5 billion budget short-
fall. Speåfically, the budget included:
11
Legislative Analyst's Office
Figure 6
Evolution of 2002-03 General Fund, Budget Solutions
(In Billions)
~~-,~-~- -----~-- --~ - .-- -."-~-~ ---- .~- --~_..~--------. -~,-~
, ,
, ,. , ,!IJil~''I@;;:!Í~ ~:1t¡UJta1
. , ''€!:ò).;t!lõrif.t\ ,w,.\ i1!1!E' .
Kv:..4Ø'ØI!Qt'!¡.i1 ' ¡~,¡¡ 1~;rJf~tw5 @~~ì!..\iâ
~,_~____~__.....~_o -'~____ _._~- _P'-'- -~=- -~-"--_.~-~¥-_.~-~-- -~-
Program cost savings
Deferral of education
äosbursements
Tobacco settlement securitization
Debt restructuring
Fund'mg shifts. loans.
and transfers
Revenue Increases and
accelerations
Federallundlng Increases
Total Solution
$5.2
$7.6
1.1
$7.5
1.7
4.5
1.1
4.9
2.4 4.5
1.1
3.6 4.3
02 3.9
1.1 1.1
$12.5 $23.6
2.9
1.1
$23.6
· About $5.2 billion in major program cost savings, including $2.4 bil-
lion from his November proposal, and an additional $2.6 billion from
suspension of cost-of-living adjustments, postponements of some health
care expansions, reduced inflationary adjustments for higher educa-
tion, and various other funding delays. Overall, these reductions were
largely from cutbacks in planned spending increases-either to cover
, workload, inflation, or previously approved program expansions. Rela-
tively few of the savings were from cuts to existing ongoing programs.
· About $2.4 billion from the securitization of future tobacco settlement
receipts. Under this plan, the state would sell its future rights to about
45 percent of the present value of roughly 25 years of its annual to-
bacco settlement receipts for up-front cash. This would be achieved
through the sale of a revenue bond whose repayment would be se-
cured by a portion of future tobacco settlement payments beginning in
2003-04. Under legislation passed in conjunction with the 2001-02
budget, these tobacco settlement receipts had been earmarked for a
variety of health care expansions.
· About $3.6 billion in funding shifts, special fund loans, and deferrals.
This category included about $900 million in savings from the deferral
of annual contributions to the state's public employees' and teachers'
12
The 2002-03 Budget Package
retirement funds (in return for additional benefits in the future). It
also included a $672 million loan from transportation funds to the
General Fund.
. About $1.1 billion in additional funds from the federal government.
These funds were earmarked to offset state costs for Medi-Cal, un-
documented felon incarceration, and security activities. The budget
also assumed elimination of federal clù1d support penalties.
May Revision
During the months following the release of the January budget, the state's
revenue picture continued to deteriorate sharply. In April alone, final pay-
ments were below the budget forecast by over $2.5 billion. In response to
these developments, theMay Revision included a major downward revision
to its revenue forecast. Specifically, the administration reduced its revenue
forecast by $3.8 billion for 2001-02 and $5.8 billion for 2002-03, or a two-
year total of $9.5 billion.
In addition to the revenue reduction, the administration raised its estimate of
expenditures by $1.6 billion for 2001-02 and 2002-03 combined, primarily
due to a significant upward revision to the 2002-03 Proposition 98 minimum
funding guarantee. The combination of the two-year revenue decline and the
two-year expenditure increase caused the estimated overall budget shortfall to
almost double between January and May-lrom$12.5 billion to $23.6 billion.
The Governor's May Revision budget proposed to deal with the worsening
fiscal outlook througha wide range of new program cost savings, significant
tax increases, sharply expanded borrowing, new funding shifts, and addi-
tional interfund loans.
New Program Cost Savings. As shown in Figure 6, the May Revisionincluded
program cost savings totaling $7.6 billion, about $2.4 billion more than in
January. The additional cuts were mostly in the areas of health, social ser-
vices, and local government In contrast to January-which focused mainly
on elimi11ation of previously approved program expansions-many of the cuts
proposed in May involved reductions or elimination of existing programs.
Examples include the proposed elimination of certain optiooal benefitsin Medi-
Cal, significant cuts to county administration funding for health and social
services programs, and reduced higher education funding for research, equip-
ment, and K-12 outreach and staff development.
The May Revision also proposed reduced funding for local programs, includ-
ing law enforcement grants, open space subventions, high technology law
13
, ,
LegislatiVe Analyst's Office
enforcement, and booking fee reimbursements. It also included the deferral
of funding for various mandates. The May Revision eliminated 4,000 posi-
tions and Iequired unalIocated reductions in operating expenses for most state
departmental budgets.
New Tax Increases. The May Revision included $3.9 billion in tax increases
and revenue accelerations. These included a one-year increase in vehicle li-
cense fees (VLF), a two-year suspension of net operating loss carryforward
deductions for businesses, an ongoing 5O-cent increase in the excise tax on
cigarettes, and a variety of tax compliance and auditing-related measures.
Expanded SatJings in Other Areas. In the May Revision, the administration
proposed to sell the full stream of the state's future tobacco settlement re-
ceipts over the next approximately 25 years for $4.5 billion in cash. This was
up from the $2.4 billion in tobacco securitization bonds proposed inJanuary.
The May Revision also proposed increases in loans from transportation funds
to over $1.2 billion in total, and contained a variety of other funding redirec-
tions to cover the additional shortfall. It also deferred $1.1 billion of K-12
education expenditures from June 2002 to July 2002, thereby achieving one-
time savings in 2001-02 wlù1e at the same time meeting the increased Propo-
sition 98 guarantee in 2002-03.
Finally, the revised plan replaced the proposed deferral of retirement contri-
butions with the 'Jì'easurer's plan to restructure state debt. The restructuring
plan reduces debt service payments by $223 million in 2001-02 and $860 mil-
lion in 2003-04--primarily by delaying principal repayments on certain debt
maturing during the two-year period and instead borrowing to pay them
over time.
Legislative Versions of the Budget
Assembly and Senate Versions. The budgets adopted by the Senate and As-
semblyinlate May assumed most of the administration's May Revision bud-
get proposals involving tax increases, the securitization of tobacco settlement
receipts, special fund loans and transfers, and various other funding redirec-
tions. However, both houses rejected many of the May Revision's proposed
spending reductions in the areas of health and social services. They also, to
varying degrees, restored the May Revision's proposed reductions to local
government programs. Both houses included unspecified savings ($900 mil-
lion for the Senate and $1 billion in the Assembly) to offset the additional
spending in each of the budgets.
14
The 2002-03 Budget Package
Conference Committee Actions, The Assembly and Senate versions of the
budget were sent to the Conference Committee for reconciliation in early
June. In addition to the normal reconciliation of the Assembly and Senate
budgets, the committee considered a wide variety of other actions, including
various alternative spending reductions, tax increases, as well as additional
loans and transfers from special funds.
The budget that emerged from the Conference Committee was similar to the
earlier legislative versions, in that it restored many of the May Revision bud-
get cuts in health, social services, and local governments. It compensated for
the additional spending by: (1) deferring $481 million in K-12 education pro-
grams from 2002-03 into early 2003-04, (2) raising the amount of targeted
savings in state operations through the elimination of up to 6,000 vacant
positions, and (3) further increasing one-time loans and transfers from spe-
cial funds. The conference committee also adopted additional revenue and
spending actions proposed by the administration in mid-June. ,
Subsequent Legislative Actions. The Conference version, with some modifi-
, cations, was passed by the Senate on June 29, 2002. However, the budget
failed to garner a two-thirds majority in the Assembly. Despite negotiations
involving both alternative spending cuts and the substitution of higher ciga-
rette taxes for the proposed VLF increase, a budget impasse ensued which
lasted through July and most of August.
On the final night of the 2oo1-021egislative session, the Assembly reached a
compromise on the budget. The main provisions of the compromise were the
elimination of the VLF and cigarette tax increases that had beenapproved by
the Senate. These tax provisions were replaced with withholding increases
onstockoptions and capital gains, an additional $200 million in K-12 spend-
ing deferrals from 2002-03 into 2003-04, an up-to-5 percent unallocated cut
to state operations, and assumed savings from a retirement incentive pro-
gram. Other elements of the agreement included:
· The placement ofACA 11 on the 2004 ballot. This measure would dedi-
cate annual amounts (starting at 1 percent in 2006-07 and potentially
rising to 3 percent in future years) of General Fund revenues to infra-
structure spending at the state and local levels.
· The dedication of approximately $400 million of 2003-04 Proposition 98
funding for school district equalization.
· A requirement that spending not exceed revenues in 2003-04·
15
Legislative Analyst's Office
. The elimination of an additional 1,000 positions in 2003-04, beyond
the 6,000 eliminated in 2002-03.
Bathhouses passed the revised budget and sent it to the Governor for signature.
Governor's Vetoes
Before signing the budget, the Governor used his line item veto authority to
"blue pencil" $236 million in appropriations from the budget, including
$220 million from the General Fund. Of the total General Fund reduction,
$177 million was in health and soåal services programs, where the Governor
deleted legislative augmentations for the Healthy Families program, child
welfare services, and mental health. Of the remaining General Fund vetoes,
about $29 million was related to trial court funding. The Governor also ve-
toed a variety of legislative augmentations for K-12 Proposition 98 spending.
However, these vetoes reduced the 2002-03 spending levels below the mini-
mum funding guarantee. Thus, the Governor's spending totals include a
Proposition 98 reserve of $143 million, which can be appropriated later in
the year for any K-14 purpose.
MAJOR FEATURES OF THE FINAL BUDGET
K-12 Education. The budget includes $41.6 billion in funding (state and local
sources) for K-12 Proposition 98 funding, an 8.6 percent increase from
2001-02. Per-pupil funding will grow to $7,067 during the year, representing
an increase of 6.9 percent from 2001-02. After adjusting for the various spend-
ing deferrals in both 2001-02 and 2002-03, the underlying spending increases
are more modest, with adjusted per-pupil £unding growing by 3.4 percent.
The budget includes $1.5 billion to cover enrollment growth and inflation
adjustments for most programs. Most of the remaining discretionary funds
are earmarked for the High Priority School Grants Program. The budget in-
cludes funding reductions for certain previously enacted teacher incentive
programs, digital high school, libraries, as well as funds that had previously
been planned for school district equalization in 2002-03. It also defers spend-
ing for the scholarshare program.
Higher Education. The budget includes a 6.8 percent increase in community
college funding, and declines of 3.2 percent for the University of California
and 1 percent for Califonùa State University.1he year-to-year changes for all
three segments are affected by spending deferrals and one-time expenditures
in 2001-02. Ongoing funding for higher education covers the Ca1 Grant en-
titlement programs, avoids any increases in resident student fees, more than
fully funds student population increases, and provides funds (to varying de-
grees) for price increases. In order to make room for some of these increases,
16
The 2002-03 Budget Package
the budgets contain some reductions in noninstructional funding for such
purposes as research and K-12 teacher training.
Health. General Fund spending for health programs decreases byabout5 per-
cent from the 2001-02 level. The reduction is partly related to an assumed
$400 million increase in federal funds for Medi-Cal payments. The budget
generally funds caseload and cost increases. However, it contains specified
reductions for such items as prescription drugs and medical supplies, and it
assumes $245 million inadditional savings from antifraud activities. The budget
also postpones the scheduled expansion of health care coverage to parents un-
der the Healthy Families Program, imposes an unallocated reduction in the Re-
gional Center budget, and reduces various community mental health grants.
Finally, the budgetïncreases the state's "takeout" of federal funding for hospitaJs
that serve a disproportionate share ofMedi-Cal and uninsured patients.
Sodal Services. General Fund spending for sOcial services programs increases
by about 2.5 percent in 2002-03, reflecting growth in the Supplemental Secu-
rity Income/State Supplementary Program (SSI/SSP) and In-Home Support-
ive Services (lliSS) program, but declines in other areas.
The budget achieves savings by delaying cost..<Jf-living increases for the
CalWORKs and SSI/SSP programs until June 2003, eliminating discretion-
ary cost-of-living-adjustments for Foster Care and related programs, and re-
directing unspent county performance incentives to the core CalWORKs pro-
gram. It also assumes suspension of state participation in the llISS $1 wage
increase, and reduces adult education and community college support for
CalWORKs recipients. Finally, the budget assumes enactment of federal leg-
islation that will relieve the state of penalties associated with the delay in
implementation of its clùld support computer automation.
Judidal and Criminal Justice. The budget reduces funding for certain adult
and youth parole services, as well as contract medical services. It provides
funds to continue the Citizens' Option for Public Safety (COPS) and Juvenile
Justice grants at their 2001-021evels, and provides funding for the High Tech-
nology Grant Program at about one-half its 2001-021evel.
Local Government. The budget does notindude any major reductions in lo-
cal government subventions. As discussed above, the budget maintains fund-
irIg for the COPS and juvenile justice programs. However, it defers payments
to local governments for state-mandated local programs, thereby avoiding
budget-year costs. It also contains a one-time shift of $75 million in property
taxes from redevelopment agencies to school districts (and reduces General
17
Legislative Analyst's Office
Fund support by a like amount). Finally, it reduces state funding for the ad-
ministfation of health and social services programs.
STATE ApPROPRIATIONS LIMIT
Background. Article )(Ill B of the State Constitution places limits on the ap-
propriation of taxes for the state and each of its local entities. Certain appro-
priations, however, such as capital outlay and subventions to local govern-
ments, are specifically exempted from the state's IimilAs modified by Propo-
sition 111 in 1990, Article )(Ill B requires that any revenues in excess of the
limit that are received over a two-year period be split evenly between tax-
payer rebates and increased school spending.
State's Position Relati'De to Its Limit. After exceeding its limit by $975 mil-
lion in 1999-00, state appropriations fell below the state appropriations limit
(SAL) in both 2000-01 and 2001-02.
For 2000-01, appropriations were more than $1.8 billion below the SAL, due
largely to a substantial volume of spending related to exempt appropriations.
As a result, appropriations subject to the limit grew only marginally from the
1999-00 level, while the SAL itseU rose by $3.4 billion. The large volume of
exempt2000-01 appropriations related largely to VLF reimbursements, school
district apportionments,local subventions, and capital outlay.
Then, in 2001-02, the gap dramatically expanded further-to $16.5 billion.
This occurred as appropriations subject to the limit dropped significantlY, by
$8.8 billion, while the limit itself rose by over $5.2 billion. This widening gap
reflected the combination of declining General Fund appropriations necessi-
tated by the budget imbalance, along with a rapid increase in the per capita
personal income factor used to adjust the SAL during the year. (The rapid
increase occurred between the fourth quarter of 1999 and the fourth quarter
of 2000, prior to the economic and revenue downturn.)
For 2002-03, appropriations are expected to continue to remain well below
the SAL, although the gap will drop to $10.6 billion. This is because the SAL
is expected to grow only marginally, reflecting the impact of the downturn
on the per capita income factor, while appropriations subject to the limit are
expected to grow by several billion dollars.
BUDGET-RELATED LEGISLATION
In addition to the 2002-03 Budget Act, the budget package includes a number
of related measures enacted to implement and carry out the budget's provi-
sions. Figure 7 lists these bills and their status as of September 19, 2002.
18
The 2002-03 Budget Package
Figure 7
2002-03 Budget-Related Legislation
Chaptered
~'~~~'0;--:~~¡;S;¡;;:;;;:;;¡;;;¡{,,-='~j;;<:-;:(, ;, '~,;-:-: f.;~:7~ a7::"-;;::::::.-,~'-::~7··-::
~»<"~k""~l.1..,,,,:,,,,~~$~-" ._..._~·t1llJ!"II"¿.",~~~~~_·'¿;"~':_:.}..:Ji>.""'~~
ACAII
AB 2065
AB 2360
AB 2785
AB3008
AB 3011
SB192
SB 1831
SB 1834
Richman
Oropeza
Dutra
Oropeza
Budget Committee
Budget Committee
O'Connel
Peace
Budget and FoscaI
Review
185
488
578
444
99
101
582
414
445
Infrastructure financing
Tax-related suspensions. withholding, and administration
Transportation: freeway selVice patrols
Education (current-year clean up)
Education (current-year defemd)
Education (current-year deferral)
Federal eWcation technology
Tobacco securitization
Transportation loanS
Enrolled
~' _ ", =. '_,-:' ._,_._ _"!II__ ~~~ ~-~~,': _ ~- : -~---~~--.-~ ?'"~~~~~':~:'":::."'..-~- """''''~~'":r. .. ":-~.-'~ ;?~,--:-'7'-~,-'[ ~
BII~N~~~r( ,"~'_. ,1',\(\" ~,,~~" _J<-'.~_:",';;~l~~~,~~'t,~'$;gi§'~·"'':::' 1, "......1'.,.,1.,,) j ,
~___."..",. __~ ¡o::;~~.c:.~.......~~.C'~~~ ~~
AB65
AB312
AB 442
AB444
AB 593
AB 692
AB1100
AB 1768
AB 2781
AB 2996
AB 2WT
AB 2996
AB 3000
AB 3002
AB 3004
AB3005
AB 3006
AB3009
AB3010
SB 1453
SB2083
HR96
Strom-Martin
Diaz
Budget Committee
Budget Commñtee
Oropeza
Aroner
Similian
Oropeza
Oropeza
Budget Convnittee
Budget Committee
Budget Committee
Budget Committèe
Budget Committee
Budget Committee
Budget Committee
Budget Commñtee
Budget Committee
Budget Committee
Alpert
Polanco
Wesson
Federal Reaämg First
School sanctions and interventions
Omrubus health bin
Omnibus social services bill
Unallocate<l reductions, golden handshake
Social services
Charter schools
General government
Education finance and equalization
Transportation
Resources
Charter schools
General govenvnent ormibus biU
Local govenvnent omnibus bill
City of Millbrae cIsasIer loan repayment
Education maiIdaIes
Medi-CaI provider rales
Energy surcharge and natural heritage tax deferral
Unemployment insurance
Federal student data coßection
Federal eWcation English leamers
Commission on budgeting
19
Chapter 3
Revenue-Related
Provisions
In enacting the 2002-03 Budget Act, the Legislature adopted a number of pro-
visions to significantly augment Ger1eral Fund resources. These provisions will
result in estimated additional General Fund resources in 2002-03 of approxi-
mately $10 billion. 11ùs total includes $45 billion from tobacco securitization,
$2.9 billion from tax-related changes, and $2.6 billion from loans and transfers.
Tobacco Securitization
The single largest action taken to increase 2002-03 revenues ($4.5 billion) in-
volves selling to investors the state's rights to its flow of tobacco settlement
revenues (TSRs) over roughly the next 25 years. Under the provisions of the
1998 Master Settlement Agreement between certain large tobacco companies
and various states, California will receive TSRs annually in perpetuity, includ-
ing an estimated $lQ-plus billion during this 25-year period. The budget plan
essentially converts this future TSR stream into an upfront payment in the
current year. In return, those investors who pay the $4.5 billion will be repaid
overtime, withinterest,from theTSRswhen they are actua1ly received. Accord-
ing to currentestimaœs this will take roughIy25 years. The tobacco securitization
program is the largest form of borrowing in the 2002-03 budget package.
Tax-Related Provisions
The $2.9 billion in tax-related changes include the suspension of various per-
sonal income tax (pm and corporation tax (CI) deductions and credits, vari-
ous revenue accelerations, conformity to the federal tax treatment of certain
items, and certain tax compliance and enforcement measures. These measures
are summarized in Figure 1 (see page 22) and discussed in detail below.
No Maior Tax Increases Were Adopted
As noted in "Chapters 1 and 2", the Legislature and Governor considered but
eventually did not adopt various proposaJs for major tax increases as a means
of helping to address the budget þroblem. These proposals included: (1) in-
creased income tax rates for high-income taxpayers, (2) cigarette and other
tobacco-related tax rate increases, and (3) increasing the vehicle license fee.
21
Legislative Analyst's Office
[
I
I
Tax-Related Suspensions
The single largest tax~related provision involves suspending the net operat-
ing loss (NOL) deduction for businesses for a two-year period. In addition,
the budget suspends the teacher tax credit for one year and the natural heritage
tax credit for one year. Specifically, with respect to the largest two provisions:
NOL Suspension. Prior to the budget agreement, businesses were allowed to
deduct from their income in a given year a specified portion of their NOLs
incuIred in earlier years under both the personal and corporate income taxes.
Specifically, the law provided that the percentage ofNOLs that could be used
as an offset when calculating taxable income in future years was 60 percent
in 2002 and 2003, and 65 percent in 2004 and thereafter. In contrast, the
budget agreement sus-
pends the use of these
NOLs as an income off-
set during tax years
2002 and 2003. This
will result in additional
General Fund revenues (In Millions)
of $1.2 billion in 2002-
03 and $800 million in
2003-04. In exchange,
the agreement also ex-
tends the maximum
NOL carry-forward pe-
riod for an additional
two years, so that tax-
payers affècted by the
suspension will have
the same number of to-
tal years as formerly to
use their NOLs. In ad-
dition, beginning with
tax year 2004, busi-
nesses will be allowed
to carry forward
100 percent (instead of
, only 65 percent) of their
NOLsfor a ten-yearpe-
riod (with this 100 per-
cent provision thus first
affecting NOLs in-
curred in 2004 and
claimed in 2005 or
Figure 1
2002-03 Budget
Tax-Related Provisions
Deduction and Credit SUspensions
Net operating losseS
Teacher tax creád
Other
Subtotal
Accelerations
Stock-op!ion and bonus withholding
Real estate sales withhoIãll1Q
SUbtotal
Federal Conformity
Bank bad debt
Retirement and other8
Subtotal
Compliance. Enforcement, and
Administration
Waiver of penalties and interest
Settlement, audit, and protest activities
Administrative and other
Subtotal
Total
$1,200
170
3
($1.373)
$400
225
($625)
$285
188
($473)
$145
212
24
($381)
$2,852
a Includes revenue declines due to retirement conforml1y and
revenue gains due to _wilh.'1okItog roquhomonts.
22
The 2002-03 Budget Package
thereafter), These changes will result in significant annual General Fund rev-
enue losses beginning in 2004-05 in the low hundreds of millions of dollars.
Teacher Tax Credit. Current law provides credentialed teachers with an an-
nual tax credit against their PIT liabilities ranging from $250 to $1,500, de-
pending upon their years of teaching service. The credit is limited to 50 per-
cent of teaching-related income. The budget agreement suspends this credit for
the 2002 tax year, resulting in additional revenues for 2002-00 of $170 million.
Tax-Related Revenue Accelerations
The budget provides for increased withholding on bonus and stock-option
income, and expanded withholding on real estate sales. The main effect of
these changes will be to accelerate revenues, although some increase in com-
pliance also will likely result.
· Withholding on Stock Options and Bonus Income. Currently, withhold-
ing on stock options and bonus income occurs at the rate of 6 percent.
The budget agreement increases this rate of withholding to 9.3 per-
cent, resulting in a one-time revenue acceleration of $400 million in
2002-03.
· Withholding on Real Estate Sales. Under current law, nonresidents of
the state are required to withhold for tax purposes 3.5 percent of the
purchase price of commercial property. The budget agreement would
expand the withholding requirement on commercial sales to state resi-
dents, resulting in a one-time revenue of $225 million for 2002-00.
Federal Tax Conformity
Measures adopted to conform state tax law to federal tax law involving in-
come tax treatment include those relating to bank bad debt. They also in-
clude a number of proposals contained in the Governor's January budget
proposal and later adopted by the Legislature as part of the retirement con-
formitypackage (the bills involved are Chapter 35, Statuteso£2oo2 lAB 1122,
Corbett] and Chapter 34, Statutes of 2002 ISB 657, Scott]. Specifically:
· Bank Bad Debt. Prior to the budget agreement, the law allowed large
banks, when computing their taxable income, to deduct amounts set
aside as reserves against losses from bad loans. The budget agreement
would alter that treatment to conform to existing federal law and al-
low the bad loan income deduction OIÙy if and when loans become
nonperforming.1n addition- under the agreement,SO percent of existing
bank loss reserves are to be declared as income during the 2002 tax year.
This measure will result in one-time revenues of $285 million in 2OO2-æ.
23
Legislative Analyst's Office
· Retirement Programs and Ot1rer Conformity. The Legislature previously
approved legislation that conforms California law to federal tax law
regarding pension plans, individual retirement accounts (IRAs), and
401k plans. Although these retirement provisions result in annual rev-
enue losses, other conformity items incorporated in the bills (the larg-
est item being the increase in required estimated tax payments from
80 percent to 90 percent of the final tax liability) would result in rev-
enue increases. The net effect of these bills accounts for the vast major-
ity of the $188 million increase in 2002-03 revenues.
Tax Compliance, Enforcement, and Administration
The budget agreement approved numerous proposals to increase taxcompli-
ance, adopted certain tax enforcement-related provisions, and adjusted down-
ward the interest rate the state pays on tax overpayments. The most significant
of these measures are: '
· Waiver of Penalties and Interest. The largest single revenue source
among these measures is the authority to waive penalties and interest
on certain delinquent accounts. The waiver would provide an incen-
tive for the payment of these accounts, which would be expected to
result in additionaIPIT,CT, and sales and use tax revenues in 2002-03
of $145 million.
· Settlement, Audit, and Protest Activities. Enhancing the settlement
program used to resolve tax disputes, increased auditing capabilities,
and addressing protest program priorities is estimated to result in ad-
ditional2002-03 revenues of $212 million.
Loans and Transfers
As summarized in Figure 2, the budget package includes $2.6 billion of loans
and transfers from special funds to help address the General Fund imbalance.
The single largest component involves a $1 billion trarisportation-related loan
from the Traffic CongestionRellef Account. Other significant components of
at least $100 million include a transfer from the Public Utilities Comnùssion's
High-CostFund B (related to telephone service), and loans from the Beverage
Container Recycling Fund, Renewable Resources Trust Fund, and Vehicle
Inspection and Repair Fund.
The various loans and transfers shown in Figure 2, while contributors to ad-
dressing the 2002-03 budget shortfall, will impose costs in future years to the
extent that they have to be repaid. Their repayment requirements vary de
24
r
;!:' .
The 2002-03 Budget Package
pending on the speåfic loan or tra11Sfer involved. For example, repayment to
the Traffic Congestion Relief Account is scheduled to be $500 million in 2003-
04 and $650 million in 2004-05. In addition, because these loans and trans-
fers are largely one-time in nature, they will not be available as solutions for
addressing the anticipated 2003-04 budget imbalance.
Figure 2
2002-03 General Fund Loans and
Transfers
(In Millions)
-,--- ,-~,,~ ~ '~"-'~='?~---
~ _ ¡' è . ~ ~' ~.
, - ~ ' ~ , ,'- "
"'".'-"",__~"-....~~.....¡ ~ ~.;-........"...~~.....,,_ c"'J~"".""_" ~_"-"'-'"
Selected Loans
Traffic Congestion Relief Account
Beverage Container Recycfong Fund
Renewable Resource Trust Fund
Vehicle Inspection and Repair Fund
Public School Planning, Design, and
Constr\ICIi<>n Review Revolving Fund
Occupancy Comptiance Monitoring
Account
Tax Cred~ Allocation Fee Account
Pollution Control Financing Authority Fund
Housing Rehabilitation Loan Fund
Agricultural Fund
Selected Transfers
High-Cost Fund B
Trial Court Improvement Fund
High-Gost Fund A
Colorado River Management Account
State Parks and Recreation Fund
All other loans and transfers
Total Loans and Transfers
25
$1,045
218
157
100
35
35
27
25
21
15
$251
43
27
22
20
$529
$2.570
FROM Stone
FAX NO.
6195823755
Oct. 18 2002 11:58AM P1
l",~'LUUUI.,I!\,~LJ ~'"
HAR~if:T S;ONc
6566 ,'<ID(2,t MAI,ICJR A 'IE
$A~ í),W0. CA. :;>2120
619582-9574
CityCIc:rJ.:
Alto; Rö.ulutÎOH "f Nöçessity Re.quesr
City of Ch\li<\ Vista
216 Founh Avenue
Chul:t Vist¡¡, CA 91910
O'~tober ]6.2002
Re: Resohltion of Necess.ity! H St. Be~nltificat.iOl¡ Proj',,:ct
To ChillI! Vista Cily Cnunei!:
¡ em fonm.Uy submitlirg a. written reque"t to app,,¡¡r and be !I.,aro by ¡he City Cuuncil on
¡ ¡ð matter of Resu!u!Îon of Nec~ssity ln regards th(, 'M' Sf, BeautificatiOl1 Project a~ the 6
pm. Public Heuring on October 22, 2001,
Sincerely,
fì/~
Y¡fa~ StO'l<'
fI -hi De\)t.lcy~
C~: vlre.~tDr Df lOmmW'lt-'j
t;ry AttoY~
CJ~ M~
Oct 18 02 07:32¡o
E Stone
18605654811
¡O. 1
HARRlf:T STONE
6566 RIDGE MANOR AVE
SA!'; D,EGO, CA. 92120
619582-9574
RECEIVED
'02 OOT 21 PI2 :32
ellY,· . t· CtiLlL,' Ä, V:i$;','
tm' ~ 0ffj(;f
City Clerk
Attn: Resoluliun uf Necessity Request
City of Chula Vista
276 Fourth A venue
Chula VislIi, CA 91910
Ol~tober 16, 2002
Re: Resolution of Necessity, H S1. Beautification Pr(¡Îect
To Chula Vista City Council:
I am formally submitting a written reque..t to appear and be heard by the Cit.y Council on
tile matter of Resolution of Necessity in regards tlJé: 'H' 51. Beautification Project ar the 6
pm. Public Hearing on October 22, 2002.
Sincerely,
~
~e.oe1~ Vio" u.... 1'o~ ~''''' ,
Oct 17 02 11:44a
E Stone
18585654911
p.l
ô ~VI -r 14.>(
&/'7 S'S5- 577,/
/0/1"7)0 ¿
:Eq.. ~ߜ S'T'o'ќ
ÚIS 'T'~~'Ñ'IYllS 'R'A.'ÑC'}[O Ð~ L'A. '1f'A.C~O'Ñ
7161 'M?1L'T''A. S-r.
S'A.'Ñ'D1~§o, C?L 92111-4324
(858) 565-4911
City Clerk
Attn: Resolution of Necessity Request
City of Chu]a Vista
276 Fourth A venue
Chula Vista, CA 91910
October 16, 2002
Re: Resolution of Necessity, H St. Beautification Project
To Chula Vista City Council:
I am formally submitting a written request to appear and be heard by the City Council on
the matter of Resolution of Necessity in regards the 'H' St. Beautification Project at the 6
pm, Public Hearing on October 22, 2002,
Sincerely,
~~c5~
Emilie Stone
~~:
Þ, rrotol' 1>6 ¡ CfJ'fYIMV(\,I-Y
6' tIj Affo (" Y1 f-:J
ßt~ M~
De.Ve./Opfhen.'¡' ,
-----
January 25, 2002
EI Cajon Superior Court
250 E. Main
EI Cajon, CA 92020
RE: Political Signs
Dear Commissioner
We have removed a few of your signs that have been illegally placed in the City's rigbt-
of-way. This is not allowed in Chula Vista.
If we only remove a few signs, we do not charge for the removal; but, if the error
continues, we do have the authority to charge for our full cost recover time and bill you.
Please notify the sign company or any responsible person placing your signs to
discontinue illegal placement of the signs. If they need to have a copy of our ordinance
as to where it is legal to place political signs within the City of Chula Vista, please have
them call and we will be happy to send the information. Such a request may be made by
calling 619-791-5007.
Thank you or your prompt attention to this matter.
Sincerely,
Sue Gray
Code EnforcementlPermit Manager
H;\BLD_HSG\Code Enforc\Politìcal signs.doc